alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### WULFF v. FIFTH AVE. COACH CO.

(Supreme Court, Appellate Division, Second Department.

March 3, 1905.)

Action by Robert W. Wulff, an infant, etc., against the Fifth Avenue Coach Company. No opinion. Application denied. Execution of judgment stayed 10 days to enable the appellant to apply to a judge of the Court of Appeals, if so advised.
### §3107. Certification of compliance with oversight requirements

The head of each element of the intelligence community shall annually submit to the congressional intelligence committees—

(1) a certification that, to the best of the knowledge of the head of such element—

(A) the head of such element is in full compliance with the requirements of this subchapter; and

(B) any information required to be submitted by the head of such element under this chapter before the date of the submission of such certification has been properly submitted; or

(2) if the head of such element is unable to submit a certification under paragraph (1), a statement—

(A) of the reasons the head of such element is unable to submit such a certification;

(B) describing any information required to be submitted by the head of such element under this chapter before the date of the submission of such statement that has not been properly submitted; and

(C) that the head of such element will submit such information as soon as possible after the submission of such statement.

(July 26, 1947, ch. 343, title V, §508, as added Pub. L. 111–259, title III, §332(a), Oct. 7, 2010, 124 Stat. 2686.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in pars. (1)(B) and (2)(B), was in the original "this Act", meaning act July 26, 1947, ch. 343, 61 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.

#### Codification

Section was formerly classified to section 415d of this title prior to editorial reclassification and renumbering as this section.

#### **Statutory Notes and Related Subsidiaries**

#### Applicability Date

Pub. L. 111–259, title III, §332(b), Oct. 7, 2010, 124 Stat. 2687, provided that: "The first certification or statement required to be submitted by the head of each element of the intelligence community under section 508 of the National Security Act of 1947 [50 U.S.C. 3107], as added by subsection (a), shall be submitted not later than 90 days after the date of the enactment of this Act [Oct. 7, 2010]."

[For definition of "intelligence community" as used in section 332(b) of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a note under section 3003 of this title.]
#### § 57.7003 Drill area inspection.

The drilling area shall be inspected for hazards before starting the drilling operations.
#### § 93.401 HTF grant agreement.

Allocated and reallocated funds will be made available pursuant to an HTF grant agreement.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 16, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51588

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GERARDO ACOSTA VASQUEZ, also known as Geraldo Acosta-Vasquez,

also known as Jerry Vasquez, also known as Geraldo VasquezAcosta, also known as Gerardo Vasquez-Acosta,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:04-CR-1911-15

--------------------

Before SMITH, WIENER, and OWEN, Circuit Judges.

PER CURIAM:*

Gerardo Acosta Vasquez (Acosta) appeals his guilty-plea

conviction of conspiring to possess and possessing with

intent to distribute more than 100 kilograms of marijuana, in

violation of 21 U.S.C. §§ 841 and 846. Acosta challenges the

constitutionality of the treatment by § 841(b)(1)(B) of certain

prior drug convictions as sentencing factors rather than offense

elements that must be found by a jury in light of Apprendi v. New

Jersey, 530 U.S. 466 (2000). He also argues that the district
No. 05-51588

-2-

court committed plain error by failing to ask whether he affirmed

or denied his prior conviction, as required by 21 U.S.C.

§ 851(b).

Acosta’s constitutional challenge is foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). 

Acosta contends that Almendarez-Torres was incorrectly decided

and a majority of the current Court would overrule it in the

light of Apprendi and subsequent Supreme Court authority. 

We have repeatedly rejected such contentions because

Almendarez-Torres remains binding. See United States v.

Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert. denied, 126

S. Ct. 298 (2005). Acosta properly concedes that his argument is

foreclosed in light of Almendarez-Torres and circuit precedent,

but he raises it here to preserve it for further review.

Regarding Acosta’s § 851 challenge, in the absence of a

showing that the prior conviction was unconstitutionally obtained

or was not committed by Acosta, he has not shown plain error. 

See United States v. Thomas, 348 F.3d 78, 86-87 (5th Cir. 2003). 

Moreover, Acosta’s prior conviction occurred well beyond the

five-year statute of limitations set forth in § 851(e). 

Accordingly, Acosta has failed to establish error, plain or

otherwise, in the district court’s failure to follow the § 851(b)

colloquy. See United States v. Fragoso, 978 F.2d 896, 902-03

(5th Cir. 1992).

AFFIRMED.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-11432

Conference Calendar

 

KIERON DEREK PENIGAR,

Plaintiff-Appellant,

versus

WILLIAM BARDIN, Captain; KIMBERLY SIMMONS; 

SUSAN L. SCHUMACHER; MARIO V. SANCHEZ, Sergeant;

BOCEPHOUS MCDANIELS, Correctional Officer III,

Defendants-Appellees.

--------------------

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 1:01-CV-195

--------------------

April 10, 2002

Before SMITH, DeMOSS, and PARKER, Circuit Judges.

PER CURIAM:*

Kieron Derek Penigar, Texas state prisoner #721657, appeals

the dismissal of his 42 U.S.C. § 1983 complaint for failure to

state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Penigar

seeks damages and declaratory relief and argues that he did not

receive a fair disciplinary hearing or appeal. As a result of

the disciplinary conviction, Penigar was placed on 15 days

recreation restriction and 30 days commissary restriction, and he

was ordered to pay for the damage to the property.
No. 01-11432

-2-

A prisoner’s liberty interest is “generally limited to

freedom from restraint which, while not exceeding the sentence in

such an unexpected manner as to give rise to protection by the

Due Process Clause of its own force, nonetheless imposes atypical

and significant hardship on the inmate in relation to the

ordinary incidents of prison life.” Sandin v. Conner, 515 U.S.

472, 485 (1995). The loss of recreation and commissary

privileges do not implicate any due process concerns. See

Madison v. Parker, 104 F.3d 765, 767-68 (5th Cir. 1997).

Penigar’s appeal is without arguable merit and is frivolous. 

See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). 

Because the appeal is frivolous, it is DISMISSED. See 5TH CIR.

R. 42.2. The dismissal of this appeal counts as a “strike” for

purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103

F.3d 383, 387-88 (5th Cir. 1996). We caution Penigar that once

he accumulates three strikes, he may not proceed in forma

pauperis in any civil action or appeal filed while he is

incarcerated or detained in any facility unless he is under

imminent danger of serious physical injury. See 28 U.S.C.

§ 1915(g). 

APPEAL DISMISSED; SANCTIONS WARNING ISSUED.
#### § 56.4503 Conveyor belt slippage.

Belt conveyors within confined areas where evacuation would be restricted in the event of a fire resulting from belt-slippage shall be equipped with a detection system capable of automatically stopping the drive pulley. A person shall attend the belt at the drive pulley when it is necessary to operate the conveyor while temporarily bypassing the automatic function.
Exhibit 10.5

                                             November 8, 2002

Mr. Yacha Sutton, CEO
Lumenis Ltd.
POB 240
Yokneam 20692
ISRAEL

Dear Yacha,

     Re: Termination of Consulting Agreement

I would like to confirm our discussion from November 7, 2002, terminating by
mutual oral consent the Hardy Consulting Agreement dated April 18, 2002. The
termination of the Hardy Consulting Agreement shall become effective as of
October 31, 2002.

                                             Regards,

                                             /s/ Thomas G. Hardy


                                             Thomas G. Hardy
<PAGE>

                                                                     EXHIBIT 32


                CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350

         In connection with the Quarterly Report of Comtech Group, Inc. (the
"Company") on Form 10-Q for the period ended June 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jeffrey
Kang, Chief Executive Officer (Principal Executive Officer) of the Company,
certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906
of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all material
respects, the financial condition and result of operations of the Company for
the period certified.

         Pursuant to the rules and regulations of the Securities and Exchange
Commission, this certification is being furnished and is not deemed filed.

         Signed on this 15th day of August, 2005.

                                                     /s/ Jeffrey Kang
                                                     ---------------------------
                                                     Jeffrey Kang

         In connection with the Quarterly Report of Comtech Group, Inc. (the
"Company") on Form 10-Q for the period ended June 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Hope
Ni, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of
2002, that, to the best of my knowledge:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all material
respects, the financial condition and result of operations of the Company for
the period certified.

         Pursuant to the rules and regulations of the Securities and Exchange
Commission, this certification is being furnished and is not deemed filed.

         Signed on this 15th day of August, 2005.

                                                     /s/ Hope Ni
                                                     ---------------------------
                                                     Hope Ni
Exhibit 10.3A


                           LEASE EXTENSION AGREEMENT

      AGREEMENT made this ____ day of June, 1997, between APOLLO DEVELOPMENT
CORP. ("Landlord") and INTELLIGENT CONTROLS, INC. ("Tenant").

      WHEREAS the parties have a lease between them currently in force,
covering property in the Saco, Maine, Industrial Park, which lease is dated
April 11, 1991, with a lease extension agreement dated June 28, 1994, with a
termination date of August 15, 1997, and

      WHEREAS the parties desire to extend the term of said lease, as set forth
herein,

      NOW THEREFORE in consideration of the mutual promises herein made, the
parties agree that the termination date of said lease shall be extended to
August 15, 1998. During the extension period the rent shall be $5,375.00 per
month, payable monthly in advance. The rent shall be prorated for the final
half month.

      The option renewal right granted to Tenant shall be extended to August
15, 1999.

      The period for exercise of the option to purchase the leased real
property (set forth in paragraph 20 of said original lease) is also extended to
the new lease termination date of August 15, 1998 (or August 15, 1999, if the
option to renew the lease is exercised). The 2% increase factor in the option
purchase price shall be computed over the entire period (including the
extension term) as applicable.

      In all other respects the lease terms are ratified and confirmed.

      Executed at Saco, Maine, on the above date.


Witnessed by:                            APOLLO DEVELOPMENT CORP.

/s/ Joyce T. Purvis                      /s/ Clifford A. Purvis
--------------------------------         ----------------------------------
                                         Treasurer



                                         INTELLIGENT CONTROLS, INC.


/s/ Sharon L. Binette                    /s/ Alan Lukas
--------------------------------         ----------------------------------
                                         President Tenant


May 27, 1997
--------------------------------
DATE
<Page>

                                                                   EXHIBIT 10.13

DONAL QUINN SUPPLEMENTAL PENSION ARRANGEMENT

Dade Behring has agreed to provide Donal Quinn with a supplemental pension. In
addition we have agreed to a special guarantee with regard to his pension
accrual in accordance with the terms of his remuneration package. With regard to
the supplemental pension:

     If your employment with Dade Behring continues in good standing until
     January of 2009, the company will provide you with a supplemental pension
     arrangement in the amount of DEM 500,000 to be credited to your German
     pension plan in 10 equal annual installments of DEM 50,000 beginning in
     January of 2000. Each annual installment will be fully vested once credited
     to your German supplemental pension plan.

In addition, we have agreed that in the event that he terminates employment
prior to completing ten years of service with Dade Behring and forfeits his
company provided benefit under the Pensionkasse arrangement, the company will
provide him with a retirement benefit equivalent to the company-paid amount he
would have received had he been fully vested in the benefit accrued to the date
of his termination of employment. This benefit would be payable at the time
Donal Quinn would otherwise be eligible to receive a retirement benefit (normal
retirement age- 60) and would be payable in the form of an annuity, the same
form as a benefit payable from the Pensionkasse. It would not include any
amounts based on Donal Quinn's own contributions that would be returned to him
upon his termination of employment. I assume the Pensionkasse could calculate
the benefit for us based on the company's contribution obligation for whatever
period of time Mr. Quinn is actually employed.

This payment is contingent on Mr. Quinn terminating prior to achieving ten years
of service with Dade Behring (July, 2008). If he remains in employment with the
company or its successor and becomes eligible for a benefit under the
Pensionkasse, this portion of the agreement will become obsolete.
### §§1001 to 1010. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 1001, act July 9, 1952, ch. 608, pt. II, §250, 66 Stat. 495, prohibited discrimination between Regulars and reserve components. See section 10209 of Title 10, Armed Forces.

Section 1002, act July 9, 1952, ch. 608, pt. II, §251, 66 Stat. 495, authorized Secretaries of the Army, Navy, Air Force, and the Treasury, to make and publish regulations. See section 10202 of Title 10 and section 417(a) of Title 37, Pay and Allowances of the Uniformed Services.

Section 1003, act July 9, 1952, ch. 608, pt. II, §252, 66 Stat. 496, provided for reserve participation in administration of policy and regulations. See section 10211 of Title 10, Armed Forces.

Section 1004, act July 9, 1952, ch. 608, pt. II, §253, 66 Stat. 496, related to support of reserve components. See section 12501 of Title 10.

Section 1005, act July 9, 1952, ch. 608, pt. II, §254, 66 Stat. 496, related to boards, membership of boards, seniority. See section 12643 of Title 10.

Section 1006, act July 9, 1952, ch. 608, pt. II, §255, 66 Stat. 496, related to availability of supplies, equipment, and facilities. See section 18502 of Title 10.

Section 1007, act July 9, 1952, ch. 608, pt. II, §256, 66 Stat. 496, provided for responsibility for Reserve affairs. See sections 10203 and 18501 of Title 10.

Section 1008, act July 9, 1952, ch. 608, pt. II, §257(a)–(d), 66 Stat. 497, related to creation, composition and representation on the Reserve Forces Policy Board, provided that the Board should be the principal policy adviser to the Secretary of Defense. See section 10301 of Title 10. Subsec. (e) of section 257 of act July 9, 1952, as amended Sept. 3, 1954, ch. 1257, title VII, §702(c), 68 Stat. 1189, was restated in section 133 [now 113] of Title 10.

Section 1009, act July 9, 1952, ch. 608, pt. II, §258, 66 Stat. 498, related to personnel records. See section 10204 of Title 10.

Section 1010, act July 9, 1952, ch. 608, pt. II, §259, 66 Stat. 498, related to dissemination of information. See section 10210 of Title 10.
Exhibit 32.4


CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with Amendment No. 1 to the Annual Report of Altria Group, Inc. (the “Company”) on Form 10-K for the period ended December 31, 2018 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, William F. Gifford, Jr., Vice Chairman and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:





(1)  the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(2)  the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








/s/ WILLIAM F. GIFFORD, JR.


William F. Gifford, Jr.


Vice Chairman and Chief Financial Officer


May 29, 2019
#### § 57.22222 Ventilation materials (I-A, I-B, I-C, II-A, III, V-A, and V-B mines).

Brattice cloth and ventilation tubing shall be approved by MSHA in accordance with 30 CFR part 7, or shall bear a BC or VT acceptance number issued by the MSHA Approval and Certification Center.

[54 FR 30508, July 20, 1989]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute clearly unwarranted invasion of personal privacy.

*Name of Committee:*                     National Institute of Child Health and Human Development Initial Review Group Function, Integration, and Rehabilitation Sciences Subcommittee.                

*Date:*                     February 19, 2021.                

*Time:*                     10:00 a.m. to 6:00 p.m.                

*Agenda:*                     To review and evaluate grant applications.                

*Place:*                     NICHD/NIH, 6710B Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).                

*Contact Person:*                     Helen Huang, Ph.D., Scientific Review Officer, Eunice Kennedy Shriver National Institute of Child Health and Human Development, 6710B Rockledge Drive, Room 2137D, Bethesda, MD 20892, 301-435-8207,                     *helen.huang@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)

Dated: December 14, 2020.

Ronald J. Livingston, Jr.,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2020-27859 Filed 12-17-20; 8:45 am]

BILLING CODE 4140-01-P
<PAGE>
                                                                     EXHIBIT 4.1



                  CONSENT OF INDEPENDENT CHARTERED ACCOUNTANTS

To the Board of Directors
Glamis Gold Ltd.

We consent to the incorporation by reference in the Registration Statement on
Form F-10/A of Glamis Gold Ltd. filed with the United States Securities and
Exchange Commission of our report dated February 8, 2002 relating to the
consolidated balance sheets of Glamis Gold Ltd. as at December 31, 2001 and 2000
and the related consolidated statements of operations, retained earnings
(deficit) and cash flows for each of the years ended December 31, 2001, 2000 and
1999, which report appears in the December 31, 2001 Annual Report to
Shareholders of Glamis Gold Ltd., and to the reference to our firm as experts in
auditing and accounting under the heading "Experts" in the prospectus included
in the Registration Statement.

/s/ KPMG LLP
Chartered Accountants

Vancouver, Canada
November 20, 2002
Exhibit 32.1





Certification of Chief Executive Officer and Chief Financial Officer

pursuant to 18 U.S.C. 1350



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), each of the undersigned officers of Alpha Spacecom, Inc. (the Company), does hereby certify, to such officer's knowledge, that:

The Annual Report on Form 10-KSB for the year ended December 31, 2003 of the Company fully complies, in all material respects, with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and information contained in the Form 10-KSB fairly presents, in all material respects, the financial condition and results of operations of the Company.





May 18, 2004

/s/ Xuedong Hu

Name: Xuedong Hu

Title: Chief Executive Officer





/s/ Terence Sien

Name: Terence Sien

Title: Chief Financial Officer