alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-1642

In re: MARK JACOB JONES, SR., a/k/a Mark J. Jones, Sr.,

Petitioner.

On Petition for Writ of Mandamus. 

(2:14-cr-00132-RGD-LRL-2; 2:16-cv-00106-RGD-LRL)

Submitted: October 18, 2016 Decided: October 20, 2016

Before WILKINSON, KING, and FLOYD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Mark Jacob Jones, Sr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Mark Jacob Jones, Sr., has filed a petition for a writ of 

mandamus seeking an order from this court directing the district 

court to rule on his motion for preparation of a transcript at 

government expense, 28 U.S.C. § 753(f) (2012). We conclude that 

Jones is not entitled to mandamus relief. 

Mandamus relief is a drastic remedy and should be used only 

in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426 

U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 

516-17 (4th Cir. 2003). Further, mandamus relief is available 

only when the petitioner has a clear right to the relief sought. 

In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 

1988). Mandamus may not be used as a substitute for appeal. In 

re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).

Jones has failed to make such a showing. Accordingly, 

although we grant leave to proceed in forma pauperis, we deny 

Jones’ petition for mandamus. We dispense with oral argument 

because the facts and legal contentions are adequately presented 

in the materials before this court and argument would not aid 

the decisional process. 

PETITION DENIED
§ 290.30 General. ( a ) Except as otherwise provided in § 290.31(a)(2), HUD will sell HUD-held multifamily mortgages on a competitive basis. HUD retains full discretion to offer any qualifying mortgage for sale and to withhold or withdraw any offered mortgage from sale. However, when a qualifying mortgage is offered for sale, the procedures set out in this subpart will govern the sale.
( b ) References in subpart B of this part to mortgages securing subsidized projects include HUD-held purchase money mortgages on subsidized projects.
[61 FR 11685, Mar. 21, 1996, as amended at 61 FR 32265, June 21, 1996]
### §70305. Suspension of passenger services

(a) General Authority.—Whenever the President determines that a foreign nation permits the use of territory under its jurisdiction as a base of operations or training for, or as a sanctuary for, or in any way arms, aids, or abets, a terrorist or terrorist group that knowingly uses the illegal seizure of passenger vessels or the threat thereof as an instrument of policy, the President may suspend the right of any passenger vessel common carrier to operate to or from, and the right of any passenger vessel of the United States to use, a port in that foreign nation for passenger service. The suspension may be without notice or hearing and for as long as the President determines is necessary to ensure the security of passenger vessels against unlawful seizure.

(b) Prohibition.—A passenger vessel common carrier, or a passenger vessel of the United States, may not operate in violation of a suspension under this section.

(c) Penalties.—

(1) Denial of entry.—If a person operates a vessel in violation of this section, the Secretary may deny the vessels of that person entry to ports of the United States.

(2) Civil penalty.—A person violating this section is liable to the United States Government for a civil penalty of not more than $50,000. Each day a vessel uses a prohibited port is a separate violation.

(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1684.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 70305 | 46 App.:1805. | Pub. L. 99–399, title IX, §909, Aug. 27, 1986, 100 Stat. 892. |

Section
### §183. Disputes within jurisdiction of Mediation Board

The parties or either party to a dispute between an employee or a group of employees and a carrier or carriers by air may invoke the services of the National Mediation Board and the jurisdiction of said Mediation Board is extended to any of the following cases:

(a) A dispute concerning changes in rates of pay, rules, or working conditions not adjusted by the parties in conference.

(b) Any other dispute not referable to an adjustment board, as hereinafter provided, and not adjusted in conference between the parties, or where conferences are refused.

The National Mediation Board may proffer its services in case any labor emergency is found by it to exist at any time.

The services of the Mediation Board may be invoked in a case under this subchapter in the same manner and to the same extent as are the disputes covered by section 155 of this title.

(May 20, 1926, ch. 347, §203, as added Apr. 10, 1936, ch. 166, 49 Stat. 1189.)
#### § 202.1 Purpose.

This part establishes minimum standards and requirements for approval by the Secretary of lenders and mortgagees to participate in the Title I and Title II programs.
### §60501. Vessels allowed to import

(a) In General.—Except as otherwise provided by treaty, goods may be imported into the United States from a foreign port or place only in—

(1) a vessel of the United States; or

(2) a foreign vessel owned only by citizens or subjects of the country—

(A) in which the goods are grown, produced, or manufactured; or

(B) from which the goods can only be, or most usually are, first shipped for transportation.

(b) Exception for Vessels of Countries Not Maintaining Similar Restrictions.—Subsection (a) does not apply to a vessel of a foreign country that does not maintain a similar restriction against United States documented vessels.

(c) Exception for Vessels Becoming Documented.—Subsection (a) does not apply to a vessel that—

(1) is owned only by citizens of the United States; and

(2) after entering a port of the United States, becomes documented as a vessel of the United States before leaving that port.

(d) Seizure and Forfeiture.—If goods are imported in violation of this section, the goods and the vessel in which they are imported, along with its equipment and other cargo, may be seized by and forfeited to the United States Government.

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1679.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 60501(a) | 19:130 (1st sentence). | Oct. 3, 1913, ch. 16, §IV(J)(2), (3), 38 Stat. 196; Mar. 15, 1915, ch. 171, §1, 38 Stat. 1193; Pub. L. 103–182, title VI, §689(a)(2), Dec. 8, 1993, 107 Stat. 2222. |
| 60501(b) | 19:131 (words before "nor"). | |
| 60501(c) | 19:131 (words beginning with "nor"). | |
| 60501(d) | 19:130 (last sentence related to 19:130). | |

Section

In this section, the word "goods" is substituted for "goods, wares, or merchandise" to eliminate unnecessary words.

In subsection (a)(2), before subparagraph (A), the words "owned only by" are substituted for "truly and wholly belong to" for consistency in the revised title.

In subsection (b), the words "or goods, wares, or merchandise imported in vessels" are omitted as unnecessary because of the wording of subsection (a) of the revised section. The word "restriction" is substituted for "regulation" as being more appropriate.

Subsection (d) is substituted for "All goods, wares, or merchandise imported contrary to this section or section 128 of this title, and the vessel wherein the same shall be imported, together with her cargo, tackle, apparel, and furniture, shall be forfeited to the United States; and such goods, wares, or merchandise, ship, or vessel, and cargo shall be liable to be seized, prosecuted, and condemned in like manner, and under the same regulations, restrictions, and provisions as have been heretofore established for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws" to eliminate unnecessary words.
§ 92.102 Participation threshold amount. ( a ) To be eligible to become a participating jurisdiction, a unit of general local government must have a formula allocation under § 92.50 that is equal to or greater than $750,000; or
( b ) If a unit of general local government's formula allocation is less than $750,000, HUD must find: ( 1 ) The unit of general local government has a local PHA and has demonstrated a capacity to carry out the provisions of this part, as evidenced by satisfactory performance under one or more HUD-administered programs that provide assistance for activities comparable to the eligible activities under this part; and
( 2 ) The State has authorized HUD to transfer to the unit of general local government a portion of the State's allocation or the State, the unit of general local government, or both, has made available its own resources such that the sum of the amounts transferred or made available are equal to or greater than the difference between the unit of general local government's formula allocation and $750,000.
( c ) In fiscal years in which Congress appropriates less than $1.5 billion for this part, $500,000 is substituted for $750,000 each time it appears in this section.
### Part II—Use of Cable Channels and Cable Ownership Restrictions
EXHIBIT 31.2



ANNUAL OFFICERS CERTIFICATE

WORLD OMNI FINANCIAL CORP.



The
undersigned, duly authorized representative of World Omni Financial Corp., as Servicer, pursuant to Section 4.10 of the Sale and Servicing Agreement, dated as of July 8, 2004, among World Omni Auto Receivables Trust 2004-A, as Issuer, World Omni
Auto Receivables LLC, as Seller and World Omni Financial Corp., as Servicer (the Series 2004-A Sale and Servicing Agreement), does hereby certify that a review of the activities of the Servicer during the period from January 1, 2004
through December 31, 2004, has been made under my supervision with a view to determining whether during such period the Servicer has performed and observed all of its obligations under the Series 2004-A Sale and Servicing Agreement. To the best of
my knowledge, no default by the Servicer under the Series 2004-A Sale and Servicing Agreement has occurred and is continuing. Capitalized terms used but not defined herein are used as defined in the Series 2004-A Sale and Servicing Agreement.



IN WITNESS WHEREOF, the undersigned has duly executed this
Certificate this 25th day of March, 2005.



By:

/s/ Victor A. De JesusName:

Victor A. De JesusTitle:

Vice President and Chief Financial Officer of World Omni Financial Corp., as Servicer on behalf of the Trust
### §§768, 769. Repealed. Apr. 29, 1950, ch. 134, §4, 64 Stat. 93

Section 768, R.S. §2408, authorized Secretary of the Interior to vary lines of subdivisions from a rectangular form to suit the circumstances of the country in extending the surveys of public lands in Nevada. See section 770 of this title.

Section 769, R.S. §2409, authorized Secretary of the Interior to continue geodetic method of survey in Oregon and California.
-82 -80 -78 -76 -74 -72

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NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 30 May 07

 EDAS Meteorological Data

Source

★ at 38.77 N 77.11 W Meters AGL
### steam_record - Fwd:

>>> <Alicea.Jezebele@epamail. epa.gov> 6/23/2010 12:26 PM >>>

FYI - Second one for RRI! ----- Forwarded by Jezebele Alic ea/DC/USEPA/US on 06/23/2010 12:26 PM

-----

From: "Griffin, J Daniel (Dan)" <JDGriffin@rrienergy.com>

To: Jezebele Alicea/DC/USEPA/US@EPA

Cc: "Ethridge Jr., Benjamin" <BEthridge@rrienergy.com>, "Baldi, Sara Marie" <SMBaldi@rrienergy.com>

Date: 06/23/2010 12:24 PM

Subject:

Dear Ms. AliceaPlease find attached a letter from Be njamin Ethridge, General Manager of RRI Energy's Cheswick Generation Station.

Sincerely,

J. Daniel Griffin

724-275-1501 Office 724-323-4624 Cell(See attached file: Steam Electric ELG Questionaire.pdf) From: Deborah Bartram

To: steam_record

Date: 6/29/2010 6:12 PM
Subject: Fwd:

A ttachments: Steam Electric ELG Questionaire.pd f 

### Pa g e 1 of 1

3/1/2011 file://C:\Documents and Settin g s\TMedle y \Local Settin g s\Tem p \XP g r p wise\4C2A37AADO

...
#### GAMBRINUS BREWING CO. et al.. Appellants, v. STRANGMAN.

(Supreme Court, Appellate Division, Fourth Department.

January 20, 1903.)

Action by the Gambrinus Brewing Company and others against Carl A. Strangman, impleaded, striking out therefrom all after the word “made,” in folio 143, on page 30, of the printed record, to and including the word “complaint,” in the third line from the end of said folio, — and as thus modified affirmed, without costs of this appeal to either party.
C O U R T O F A P P E A LS EI GHTH D I STRI CT OF TEXAS ELPASO, TEXAS KEL L Y GUY H ERRI

NG, Ap pe lla nt, v. L PP M ORTGAGE, L TD., Appellee . § § § § § § No. 08-08-00195- CV

Appea l from the 109th District Court of Andre ws County , Texas (TC#17,340) M EM OR

AN DU M OP IN ION Pe nd ingbe fo re th e Co urt is App e lla nt’ s mo tio n to dis mis s th e a pp e a l pu rs ua nt t o T EX .R.A PP . P . 4 2 . 1 (a )( 1 ). Ap p el l an th as co mp l i edwi t ht h e r eq u i rements of T EX .R.A PP . P. 4 2 . 1 ( a )(1) . Havingconsidere d the motion, we co n clude it should be g rante d, beca use no par

ty will be denied re lie f t o w hic h it

wo uld oth e rw ise be e nti tle d. Th e re fo re , w e g ra nt A pp e lla nt’ s mo tio n to dis mis s and do so wi th pr e

jud ic e . I n ac c or da

nc e wi th the pa

rt ie s’ a g re e me nt, c os ts a

re ta xed a g a ins t th e pa

rt y incurringsame. See T EX .R.A PP .P. 42.1(d).

GUADA LUPE RI VERA, J ustice Marc h 19, 2009 B e f o r e C h e w , C . J. , M c C l u r e , a n d R i v e r a , JJ.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-4002

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

SANDY JAMES OATES,

Defendant - Appellant.

Appeal from the United States District Court for the Middle 

District of North Carolina, at Greensboro. William L. Osteen, 

Jr., Chief District Judge. (1:14-cr-00137-WO-1)

Submitted: August 31, 2015 Decided: October 1, 2015

Before DUNCAN, KEENAN, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Louis C. Allen, Federal Public Defender, John A. Duberstein, 

Assistant Federal Public Defender, Greensboro, North Carolina, 

for Appellant. Ripley Rand, United States Attorney, Stephen T. 

Inman, Assistant United States Attorney, Greensboro, North 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Sandy James Oates appeals his sentence after pleading 

guilty to possession of a firearm by a convicted felon, in 

violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2012). Finding 

no error, we affirm.

Oates argues that the district court erroneously applied 

the kidnapping cross-reference, U.S. Sentencing Guidelines 

Manual §§ 2K2.1(c)(1)(A), 2X1.1(a), 2A4.1(a), (b)(3) (2013), in 

determining the advisory Sentencing Guidelines range. Upon 

review of the record and careful consideration of the parties’ 

arguments on appeal, we conclude that the district court 

correctly found that Oates possessed a firearm in connection 

with the commission of a kidnapping under North Carolina law. 

The district court thus did not err in applying the kidnapping 

cross-reference. See United States v. Davis, 679 F.3d 177, 182 

(4th Cir. 2012).

Accordingly, we affirm the judgment of the district court. 

We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

AFFIRMED
**Exhibit 31.1**

 

**CERTIFICATION PURSUANT TO SECTION 302**

**OF THE SARBANES-OXLEY ACT OF 2002**

 

I, David D’Addario, certify that: 

 

1. I have reviewed this Annual Report on Form 10-K of Wise Metals Group LLC; 

 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by this report; 

 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this report; 

 

4. The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

(a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared; 

 

(b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and 

 

(c) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscalquarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions): 

 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

(b) Any fraud, whether or not material, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting. 

 

Date:March 31, 2005
### §55312. Determining prevailing world market price

(a) Agricultural Commodities and Products.—The prevailing world market price for agricultural commodities or their products shall be determined under this subchapter under procedures prescribed by the Secretary of Agriculture. The Secretary shall prescribe the procedures by regulation, with notice and opportunity for public comment under section 553 of title 5.

(b) Services and Non-Agricultural Commodities and Products.—If a determination of the prevailing world market price of any other type of materials, goods, equipment, or service is required to determine whether a barter or exchange transaction is subject to section 55314(b)(6) or (7) of this title, the determination shall be made by the Secretary of Agriculture in consultation with the heads of other appropriate agencies.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1644.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 55312 | 46 App.:1241f(e). | June 29, 1936, ch. 858, title IX, §901b(e), as added Pub. L. 99–198, title XI, §1142, Dec. 23, 1985, 99 Stat. 1492. |

Section
### §505a. Definitions

In sections 505a to 505a–2 of this title:

#### (1) Asset

#### (A) In general

The term "asset" means any of the following assets that are used to achieve the mission of the Bureau to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States:

(i) Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters.

(ii) Capitalized and noncapitalized heavy equipment and other installed equipment.

#### (B) Inclusions

The term "asset" includes assets described in subparagraph (A) that are considered to be mission critical.

#### (2) Asset Management Report

The term "Asset Management Report" means—

(A) the annual plan prepared by the Bureau known as the "Asset Management Plan"; and

(B) any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau to evaluate and manage infrastructure assets of the Bureau.

#### (3) Major repair and rehabilitation need

The term "major repair and rehabilitation need" means major nonrecurring maintenance at a Reclamation facility, including maintenance related to the safety of dams, extraordinary maintenance of dams, deferred major maintenance activities, and all other significant repairs and extraordinary maintenance.

(Pub. L. 116–9, title VIII, §8601, Mar. 12, 2019, 133 Stat. 827.)

#### **Editorial Notes**

#### References in Text

Sections 505a to 505a–2 of this title, referred to in text, was in the original "this part", which was translated as reading "this subtitle", meaning subtitle G of title VIII of Pub. L. 116–9, which is classified generally to sections 505a to 505a–2 of this title, to reflect the probable intent of Congress. Subtitle G of title VIII of Pub. L. 116–9 does not contain parts.
| Name of Significant Subsidiary   | Country of Incorporation | Portion of Ownership Interest |
|---------------------------------------|--------------------------|-------------------------------|
| Banksy Shipping Company Limited       | Liberia                  | 100%                          |
| Britto Shipping Company Limited       | Liberia                  | 100%                          |
| Hongbo Shipping Company Limited       | Liberia                  | 100%                          |
| Indiana R Shipping Company Limited    | Liberia                  | 100%                          |
| Jeke Shipping Company Limited         | Liberia                  | 100%                          |
| Lichtenstein Shipping Company Limited | Liberia                  | 100%                          |
| Top Tanker Management Inc.            | Marshall Islands         | 100%                          |
| Top Tankers (U.K.) Limited            | England and Wales        | 100%                          |
| Warhol Shipping Company Limited       | Liberia                  | 100%                          |