alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit

No. 21-40893

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Donald Tarnawa, 

Defendant—Appellant.

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:03-CR-144-1

Before Southwick, Higginson, and Willett, Circuit Judges.

Per Curiam:*

Donald J. Tarnawa, federal prisoner #32152-013, appeals the denial of 

his 18 U.S.C. § 3582(c)(1)(A) motion for compassionate release. The district 

court denied the motion based upon Tarnawa’s failure to show that 

extraordinary and compelling reasons warranted relief. We review that 

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 11, 2022

Lyle W. Cayce

Clerk

Case: 21-40893 Document: 00516504425 Page: 1 Date Filed: 10/11/2022
No. 21-40893

2

denial for an abuse of discretion. See United States v. Chambliss, 948 F.3d 691, 

693 (5th Cir. 2020).

The district court permissibly denied relief based on the conclusion

that Tarnawa’s medical conditions, which included hypertension, high 

cholesterol, and obesity, were not severe but commonplace and thus did not 

constitute extraordinary and compelling reasons warranting release, 

particularly as he was vaccinated against COVID-19 and there was only one 

active case of COVID-19 among inmates where he was housed. See United 

States v. Rodriguez, 27 F.4th 1097, 1100-01 (5th Cir. 2022); United States 

v. Thompson, 984 F.3d 431, 433-35 (5th Cir.), cert. denied, 141 S. Ct. 2688 

(2021). Tarnawa points to no authority in support of his argument that the 

district court’s decision was error, and he likewise points to nothing in his 

medical records indicating that his medical conditions are not well controlled 

or subject him to any heightened risk from COVID-19. His complaints 

about possible infection from COVID-19 variants amount to a generalized 

fear of contracting COVID-19, which “doesn’t automatically entitle a 

prisoner to release.” Thompson, 984 F.3d at 435. 

To the extent that Tarnawa asserts that the district court failed to 

consider his post-sentencing rehabilitation or the severity of his sentence, the 

record belies the argument. To the extent that he attempts to challenge the 

correctness of the original sentence imposed, the argument is not properly 

raised on appeal from the denial of his § 3582(c)(1)(A) motion. See United 

States v. Hernandez, 645 F.3d 709, 712 (5th Cir. 2011); see also United States 

v. Shaw, 30 F.3d 26, 29 (5th Cir. 1994).

Tarnawa has failed to demonstrate an abuse of discretion on the 

district court’s part. See Chambliss, 948 F.3d at 693. Accordingly, the district 

court’s denial of his motion for compassionate release is AFFIRMED. 

Tarnawa’s motion to remand is DENIED. 

Case: 21-40893 Document: 00516504425 Page: 2 Date Filed: 10/11/2022
### §403–5e. Transferred

#### **Editorial Notes**

#### Codification

Section 403–5e, comprising section 105D of the National Security Act of 1947, act July 26, 1947, ch. 343, was renumbered section 703 of act July 26, 1947, by Pub. L. 108–136, div. A, title IX, §922(c), Nov. 24, 2003, 117 Stat. 1573, and transferred to section 432a of this title, which was editorially reclassified as section 3143 of this title.
I 

118TH CONGRESS 

2D SESSION H. R. 9958 

To amend the Internal Revenue Code of 1986 to permit certain transactions 

between individually directed accounts and account holders and their 

families relating to residential property and to increase the amount 

of loans excepted from certain rules pertaining to loans from qualified 

employer plans to the plan beneficiary. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 11, 2024 

Mr. CURTIS introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to permit 

certain transactions between individually directed accounts and account holders and their families relating 

to residential property and to increase the amount of 

loans excepted from certain rules pertaining to loans 

from qualified employer plans to the plan beneficiary. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Home Ownership, 

5 Mortgage, and Equity Savings Act of 2024’’ or the 

6 ‘‘HOMES Act of 2024’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 9958 IH

1 SEC. 2. TRANSACTIONS OF INDIVIDUALLY DIRECTED AC2 COUNTS RELATING TO RESIDENTIAL PROP3 ERTY OF A FAMILY MEMBER. 

4 (a) IN GENERAL.—Section 4975(d) of the Internal 

5 Revenue Code of 1986 is amended by striking ‘‘or’’ at the 

6 end of paragraph (24), by striking the period at the end 

7 of paragraph (25) and inserting ‘‘, or’’, and by adding at 

8 the end the following new paragraph: 

9 ‘‘(26) in the case of an individually directed ac10 count the investment of all or part of a plan’s assets 

11 in, or a transaction to purchase, sell, lease, or allow 

12 the use of residential property as a primary resi13 dence to the account beneficiary or such bene14 ficiary’s family (as defined in section 267(c)(4)).’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 this section shall apply to transactions occurring after the 

17 date of the enactment of this Act. 

18 SEC. 3. INCREASE IN AMOUNT OF LOAN FROM QUALIFIED 

19 EMPLOYER PLAN FOR ACQUISITION OF 

20 DWELLING UNIT. 

21 (a) IN GENERAL.—Section 72(p)(2) of the Internal 

22 Revenue Code of 1986 is amended by adding at the end 

23 the following new subparagraph: 

24 ‘‘(F) INCREASED AMOUNT IN THE CASE OF

25 ACQUISITION OF DWELLING UNIT.—In the case 

26 of a loan described in subparagraph (B)(ii), 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 9958 IH

1 subparagraph (A)(ii) shall be applied by sub2 stituting ‘$50,000’ for ‘$10,000’.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 this section shall apply to loans made after the date of 

5 the enactment of this Act. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
PUBLIC LAW 114–288—DEC. 16, 2016 130 STAT. 1481 

LEGISLATIVE HISTORY—H.R. 4618: 

HOUSE REPORTS: No. 114–463 (Comm. on Transportation and Infrastructure). 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Apr. 18, considered and passed House. 

Dec. 9, considered and passed Senate. 

Æ 

Public Law 114–288 

114th Congress 

An Act 

To designate the Federal building and United States courthouse located at 121 

Spring Street SE in Gainesville, Georgia, as the ‘‘Sidney Oslin Smith, Jr. Federal 

Building and United States Courthouse’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SIDNEY OSLIN SMITH, JR. FEDERAL BUILDING AND UNITED 

STATES COURTHOUSE. 

(a) DESIGNATION.—The Federal building and United States 

courthouse located at 121 Spring Street SE in Gainesville, Georgia, 

shall be known and designated as the ‘‘Sidney Oslin Smith, Jr. 

Federal Building and United States Courthouse’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the Federal 

building and United States courthouse referred to in subsection 

(a) shall be deemed to be a reference to the ‘‘Sidney Oslin Smith, 

Jr. Federal Building and United States Courthouse’’. 

Approved December 16, 2016. 

Dec. 16, 2016 

[H.R. 4618] 


kgrant on DSKB33CYQ1 with PUBLAW
#### § 939.824 Special performance standards—mountaintop removal.

Part 824 of this chapter, *Special Permanent Program Performance Standards—Mountaintop Removal,* shall apply to any person who conducts surface coal mining operations constituting mountaintop removal mining.
Exhibit 32.1

WRITTEN STATEMENT

PURSUANT TO

18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Cogo Group, Inc. and its subsidiaries (the Company) on Form 10-Q for the period ended
June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Jeffrey Kang, Chief Executive Officer of the Company certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of
Section 13a-14(b) or 15d-14(b) 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.



|               |  |     |  |                               
|-------------- |  | --- |  | ------------------------------
|August 6, 2010 |  | By: |  | /s/ Jeffrey Kang              
|               |  |     |  | Name: Jeffrey Kang            
|               |  |     |  | Title: Chief Executive Officer



33
```

[Federal Register Volume 79, Number 25 (Thursday, February 6, 2014)]
[Notices]
[Page 7173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02681]

=======================================================================
-----------------------------------------------------------------------

 CONSUMER PRODUCT SAFETY COMMISSION

Sunshine Act Meetings

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: Vol. 79, No. 20, 
Thursday, January 29, 2014, page 4885.

ANNOUNCED DATE AND TIME OF OPEN MEETING: Wednesday, February 5, 2014, 9 
a.m.-11 a.m.

CHANGES TO ANNOUNCED DATE AND TIME: Thursday, February 6, 2014, 1:30 
p.m.-2:30 p.m.

MATTER TO BE CONSIDERED: Briefing Matter--Infant Stroller Final Rule 
(Sec. 104).
    For a recorded message containing the latest agenda information, 
call (301) 504-7948.

CONTACT PERSON FOR ADDITIONAL INFORMATION: Todd A. Stevenson, Office of 
the Secretary, 4330 East West Highway, Bethesda, MD 20814, (301) 504-
7923.

    Dated: February 4, 2014.
Todd A. Stevenson,
Secretary.
[FR Doc. 2014-02681 Filed 2-4-14; 4:15 pm]
BILLING CODE 6355-01-P
```
Exhibit  10.2


CERTIFICATION  OF  CHIEF  EXECUTIVE  OFFICER

Pursuant  to  Section  906  of the Public Company Accounting Reform and Investor
Protection  Act  of  2002  (18  U.S.C. $ 1350, as adopted), Matts Johansson, the
Chief  Executive  Officer  of  Futuremedia Plc (the "COMPANY"), hereby certifies
that,  to  the  best  of  his  knowledge:

1.   The Company's Annual Report on Form 20-F for the year ended April 30, 2002,
     to  which  this  Certification  is  attached  as  Exhibit 10.2 (the "ANNUAL
     REPORT"),  fully complies with the requirements of Section 13(a) or Section
     15(d)  of  the  Securities  Exchange  Act  of  1934,  as  amended;  and

2.   The  information  contained  in  the  Annual Report fairly presents, in all
     material respects, the financial condition of the Company at the end of the
     period  covered  by  the  Annual  Report  and  results of operations of the
     Company  for  the  period  covered  by  the  Annual  Report.


Dated:     November  14,  2002


/s/  Mats  A  I  Johansson
--------------------------
Mats  A  I  Johansson
Chief  Executive  Officer



<PAGE>
#### Sarah Greene, Respondent, v. L & F East 13th St. Corp., Defendant-Appellant and Third-Party Plaintiff-Appellant. Maintenance Company, Inc., Third-Party Defendant-Respondent.

Judgment in favor of plaintiff in the sum of $12,743 and dismissing third-party complaint unanimously modified, on the law and on the facts, to vacate and sever so much of the judgment as grants recovery to plaintiff and grant a new trial, with costs to defendant-appellant, unless plaintiff stipulates to accept $7,000 in lieu of the award by verdict, in which event the judgment so modified is affirmed, with costs to defendant-appellant, and costs to third-party defendant against defendant-appellant. In this personal injury action it is evident that the verdict is excessive and that the record cannot sustain a verdict of more than $7,000. Settle order on notice. Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ.
# C_2023200EN.01000201.xml

| 8.6.2023 | EN | Official Journal of the European Union | C 200/2 |
| --- | --- | --- | --- |

8.6.2023

EN

Official Journal of the European Union

C 200/2

---

Explanatory Notes to the Combined Nomenclature of the European Union

(2023/C 200/02)

Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 169, in the Explanatory note to CN heading

  ‘3004 Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale’
  , delete the sixth and seventh paragraph and the table and its caption thereafter and substitute with the following text:

‘The heading includes, inter alia, preparations containing a sufficient quantity of active substances per daily dose (e.g. hormones or co-factors) to provide therapeutic or prophylactic effects against a specific disease or ailment. The daily dose is recommended on the label, packaging or on the accompanying user directions of such products.

The index of Anatomical Therapeutic Chemicals (WHO ATC-DDD index) (https://www.whocc.no/atc_ddd_index/), developed by the World Health Organisation (WHO), indicates the Defined Daily Dose (DDD) providing therapeutic or prophylactic effect when applied in quantities equal to or exceeding the amounts listed in that index.

The following table shows the DDD for the substances listed:

| Name of the active substance | Defined Daily Dose | Unit | Administration route |
| --- | --- | --- | --- |
| α-lipoic acid or thioctic acid | 0,6 | g | oral |
| 0,6 | g | parenteral |
| Glucosamine sulfate | 1,5 | g | oral |
| Levocarnitine | 2 | g | oral |
| 2 | g | parenteral |
| Lovastatin | 45 | mg | oral |
| Melatonin | 2 | mg | oral |
| N-acetylcysteine | 0,5 | g | oral |
| Yohimbine | 15 | mg | oral’ |

Name of the active substance

Defined Daily Dose

Unit

Administration route

α-lipoic acid or thioctic acid

0,6

g

oral

0,6

g

parenteral

Glucosamine sulfate

1,5

g

oral

Levocarnitine

2

g

oral

2

g

parenteral

Lovastatin

45

mg

oral

Melatonin

2

mg

oral

N-acetylcysteine

0,5

g

oral

Yohimbine

15

mg

oral’

---

(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  OJ C 119, 29.3.2019, p. 1, as amended by OJ C 248, 24.7.2019, p. 3.

2

---
POWER OF ATTORNEY


     We, the undersigned directors of Questar Pipeline Company, hereby 
severally constitute D. N. Rose and S. E. Parks, and each of them 
acting alone, our true and lawful attorneys, with full power to them 
and each of them to sign for us, and in our names in the capacities 
indicated below, the Annual Report on Form 10-K for 1998 and any and 
all amendments to be filed with the Securities and Exchange Commission 
by Questar Pipeline Company, hereby ratifying and confirming our 
signatures as they may be signed by the attorneys appointed herein to 
the Annual Report on Form 10-K for 1998 and any and all amendments to 
such Report.  

     Witness our hands on the respective dates set forth below.  


     Signature                      Title             Date


 /s/ R. D. Cash             Chairman of the Board    2-9-99  
R. D. Cash



 /s/ D. N. Rose               President & Chief      2-9-99  
D. N. Rose                    Executive Officer



 /s/ U. E. Garrison               Director           2-9-99  
U. E. Garrison



 /s/ Marilyn S. Kite              Director           2-9-99  
Marilyn S. Kite



 /s/ Scott S. Parker              Director            2-9-99  
Scott S. Parker
#### Tommy Chou, Respondent, v Pan-Chin Chou, Appellant.

In an action, *inter alia,*for divorce, the defendant wife appeals from an order of the Supreme Court, Queens County, dated July 6, 1978, which denied her motion for an interim counsel fee. Order affirmed, without costs or disbursements. A review of the record on appeal indicates that there was no abuse of discretion in the denial of defendant’s motion for a counsel fee. Defendant’s remedy for any inequity in the matter is to proceed to a speedy trial, at which she can seek to establish her right to a counsel fee. Gulotta, J. P., Cohalan, Margett and O’Connor, JJ., concur.
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00039-CR

Edgar Alfredo Mata

v.

The State of Texas

§

§

§

§

§

From Criminal District Court No. 3

of Tarrant County (1230779D)

June 20, 2013

Per Curiam

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

PER CURIAM
Exhibit 32.1

Certification of Principal Executive Officer  Pursuant to 18 U.S.C. Section 1350, As Adopted Pursuant to  Section 906 of the Sarbanes-Oxley Act of 2002

In
connection with the Quarterly Report on Form 10-Q of DRS Technologies, Inc. for the quarter ended June 30, 2003 as filed with the Securities and Exchange Commission
on the date hereof (the "Report"), I, Mark S. Newman, Chief Executive Officer of DRS Technologies, Inc., hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:



|Dated: August 12, 2003 |  | By: | /s/MARK S. NEWMANMark S. Newman Chief Executive Officer
|---------------------- |  | --- | -------------------------------------------------------

---

QuickLinks
#### Abraham Stevers *vs.*Herman Gunz and another.

April 16, 1877,

Justice of Peace — Jurisdiction—Replevin.—A justice of the peace has no jurisdiction in an action in replevin, where the value of the property and amount of damages claimed, taken together, appear from the complaint to exceed $100.

Appeal by defendants from an order of the district court *521for Mower county, *Page,*J., presiding, denying their motion to dismiss the action for want of jurisdiction.

*George N. Baxter, D. B. Johnson, jr.,*and *Crandall & French,*for appellants.

*C. C. Kinsman*and *Greenman & Abbey,*for respondent.

Gtlfillan, C. J.

This was an action commenced before a justice of the peace to recover the possession of a horse, the value of which is alleged in the complaint at $100, and to recover damages for the detention thereof, alleged in the complaint at $75. Judgment was rendered by the justice in favor of the plaintiff, for the possession of the property and for $75 damages, and the defendants appealed to the district court. Unquestionably, the justice had no jurisdiction of the subject of the action. That subject, as presented by the complaint, was plaintiff’s claim to recover a horse worth $100, and $75 for damages. The amount in controversy was the value of the horse and the damages claimed, .and the justice could not, under the constitution, have jurisdiction of the cause. *Hecklin*v. *Ess,*16 Minn. 51, is not in point, for in that case the court, in effect, held only that by the pleadings it appeared that the amount did not exceed the limit of jurisdiction, and that the verdict and evidence as to the value of that part of the property which had been ■delivered on the writ to the plaintiff, being, as the case was decided in his favor, immaterial, it was not to be taken as .showing such value for the purpose of testing the jurisdiction.

Order reversed.
Exhibit 32.1

Certification of Chief Executive and Chief Financial Officer of
Earth Sciences, Inc. Pursuant to 18 U.S.C. Section 1350


I, Mark H. McKinnies, certify that:
In connection with the Quarterly Report on Form 10-QSB of Earth Sciences, Inc.
(the "Company) for the period ended March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),
I, Mark McKinnies, Chief Executive and 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:

1) the Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; 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/ Mark H. McKinnies
---------------------
Name: Mark H. McKinnies
Title: President and Treasurer
Date: May 14, 2004
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1045 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
H. RES. 1045

Expressing support for the designation of March 3, 2024, as ``National 
                  Triple-Negative Breast Cancer Day''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 29, 2024

 Mr. Morelle submitted the following resolution; which was referred to 
             the Committee on Oversight and Accountability

_______________________________________________________________________

                               RESOLUTION

 
Expressing support for the designation of March 3, 2024, as ``National 
                  Triple-Negative Breast Cancer Day''.

Whereas triple-negative breast cancer was recognized as a distinct type of 
        cancer in 2006;
Whereas triple-negative breast cancer disproportionately affects young women, 
        Black and Hispanic women, and those with BRCA gene mutations;
Whereas triple-negative breast cancers are estrogen receptor-negative, 
        progesterone receptor-negative, and HER2-negative, making them distinct 
        from other breast cancers;
Whereas there is no targeted therapy for triple-negative breast cancers;
Whereas 10 to 20 percent of all breast cancer diagnoses are designated as 
        triple-negative;
Whereas triple-negative breast cancer can be more aggressive and more likely to 
        spread and recur;
Whereas triple-negative breast cancer accounts for around 25 percent of all 
        deaths from breast cancer in the United States; and
Whereas March 3, 2024, would be an appropriate date to designate as ``National 
        Triple-Negative Breast Cancer Day'': Now, therefore, be it
    Resolved, That the House of Representatives supports the 
designation of ``National Triple-Negative Breast Cancer Day'' to create 
awareness of the devastating effect of these cancers on families in the 
United States and the need for strong action to eradicate triple-
negative breast cancer.
                                 <all>
```