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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 09-7214

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

HERNANDEZ DANIEL,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:08-CR-00248-RLW-1)

Submitted: September 29, 2009 Decided: October 8, 2009

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Hernandez Daniel, Appellant Pro Se. John Staige Davis, V, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:

Hernandez Daniel appeals the district court’s order

denying his motion to amend the sentence. We have reviewed the

record and find no reversible error. Accordingly, we affirm for

the reasons stated by the district court. See United States v.

Daniel , No. 3:08-CR-00248-RLW-1 (E.D. Va. June 15, 2009). We

dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED
### §4341. Motion picture prints, transfer of title

#### (a) Prints in custody of Library of Congress; exception

The Attorney General is authorized and directed to transfer to the Library of Congress the title to all prints of motion pictures now in the custody of the Library, which prints were vested in or transferred to the Alien Property Custodian or the Attorney General pursuant to this chapter after December 17, 1941, except prints of motion pictures which are the subject of suits or claims under section 4309(a) or section 4329 of this title.

#### (b) Prints in custody of Attorney General; exception; right of selection by Library of Congress; disposal of unselected prints by Attorney General

Subject to the right of selection by the Library of Congress, the authorization, direction, and exception contained in subsection (a) hereof shall apply with respect to such prints now in the custody of the Attorney General. Prints not selected by the Library of Congress may be disposed of by the Attorney General in any manner he deems appropriate.

#### (c) Retention, reproduction, and disposal of prints by Library of Congress

With respect to all prints concerning which title is transferred to the Library of Congress pursuant to subsections (a) and (b) hereof, the Library shall have complete discretion to retain such prints and to reproduce copies thereof, or to dispose of them in any manner it deems appropriate.

(Oct. 6, 1917, ch. 106, §43, as added Pub. L. 87–861, §2, Oct. 23, 1962, 76 Stat. 1140.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables.

#### Codification

Section was formerly classified to section 44 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

#### **Executive Documents**

#### Transfer of Functions

Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, §101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees.
<PAGE>
                                                                   EXHIBIT 99.10

                            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 the Annual Report of ImClone Systems Incorporated (the
"Company") on Form 10-K for the period ended December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
J. Howerton, Vice President, Finance and Business Development, acting Chief
Financial Officer and Secretary 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:

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

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

                                             /s/ Michael J. Howerton
                                             ----------------------------------
                                             Michael J. Howerton
                                             Acting Chief Financial Officer
June 23, 2003
|    |                                                                                                        |
|----|--------------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment No. 1 to the annual report on Form 10-K/A of Cleveland-Cliffs Inc.; and |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 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 such statements were made, not misleading with respect to the period covered by this report. |

|        |
|--------|
|        |  |  |  |  |  |
| Date:  | March 13, 2018 |   | By: |   | /s/   Timothy K. Flanagan |
|   |   |   |   |   | Timothy K. Flanagan |
|   |   |   |   |   | Executive Vice President, Chief Financial Officer |
Exhibit No. 12.

Questar Pipeline Company
Ratio of Earnings to Fixed Charges
<TABLE>
<CAPTION>
                                                Year ended December 31,
                                                    1997        1998
                                                (Dollars in Thousands)
<S>                                             <C>         <C>
Earnings

Income before income taxes                          $42,906     $42,831
Plus debt expense                                    13,536      14,456
Plus allowance for borrowed
   funds used during construction                       210         625
Plus interest portion of rental expense                 261         342
                                                    $56,913     $58,254

Fixed Charges

Debt expense                                        $13,536     $14,456
Plus allowance for borrowed
   funds used during construction                       210         625
Plus interest portion of rental expense                 261         342
                                                    $14,007     $15,423

Ratio of Earnings to Fixed Charges                     4.06        3.78
</TABLE>
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, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Howard A. Willard III, Executive Vice President 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/ HOWARD A. WILLARD III


Howard A. Willard III


Executive Vice President and


Chief Financial Officer


August 13, 2013








A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Altria Group, Inc. and will be retained by Altria Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of - )

)

The Boeing Company ) ASBCA No. 62849

)

Under Contract No. N68335-10-G-0012 et al. )

APPEARANCES FOR THE APPELLANT: Seth H. Locke, Esq.

Brenna D. Duncan, Esq.

Julia M. Fox, Esq.

 Perkins Coie LLP

 Washington, DC

APPEARANCES FOR THE GOVERNMENT: Arthur M. Taylor, Esq.

 DCMA Chief Trial Attorney

Kara M. Klaas, Esq.

 Trial Attorney

 Defense Contract Management Agency

 Chantilly, VA

ORDER OF DISMISSAL

The dispute has been settled. The appeal is dismissed with prejudice.

Dated: December 1, 2021

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 

Services Board of Contract Appeals in ASBCA No. 62849, Appeal of The Boeing 

Company, rendered in conformance with the Board’s Charter.

Dated: December 1, 2021

JOHN J. THRASHER

Administrative Judge

Chairman

Armed Services Board

of Contract Appeals

PAULLA K. GATES-LEWIS

Recorder, Armed Services

Board of Contract Appeals
Exhibit 32



CERTIFICATION PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



I, Andrew V. Ippolito, President, Director and Chief Financial Officer of Discovery Oil, LTD. (the Registrant) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.

This Quarterly Report on Form 10-QSB of the Registrant for the period ended March 31, 2003, as filed with the Securities and Exchange Commission (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 Registrant.

Date:  August 14, 2003

/s/Andrew V. Ippolito

Andrew V. Ippolito

President, Director and Chief Financial Officer
### §10744. Continuous carriage of freight

A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not enter a combination or arrangement to prevent the carriage of freight from being continuous from the place of shipment to the place of destination whether by change of time schedule, carriage in different cars, or by other means. The carriage of freight by those rail carriers is considered to be a continuous carriage from the place of shipment to the place of destination when a break of bulk, stoppage, or interruption is not made in good faith for a necessary purpose, and with the intent of avoiding or unnecessarily interrupting the continuous carriage or of evading this part.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 821.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 10745 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

A prior section 10744, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391, related to liability for payment of rates, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10743 and 13706 of this title.

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

#### Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
§ 887.12 Coverage and amount of grants. ( a ) You may use moneys granted under this part to develop, administer, and operate a subsidence insurance program to insure private property against damages caused by subsidence resulting from underground coal mining. The moneys may be used to cover your costs for services and materials according to OMB cost principles, Circular A-87. You may use eligible grant moneys to cover capitalization requirements and initial reserve requirements mandated by applicable State or Tribal law provided use of such moneys is consistent with the 43 CFR part 12.
( b ) You must submit a grant application under the procedures of part 885 of this chapter for certified States and Indian tribes or part 886 of this chapter for uncertified States or Indian tribes. Your application must include the following: ( 1 ) A narrative statement describing how the subsidence insurance program is “State or Indian tribe administered”; and
( 2 ) A narrative statement describing how the funds requested will achieve a self-sustaining individual State or Indian tribe administered program to insure private property against subsidence resulting from underground coal mining.
( c ) Grants awarded to you under this part cannot exceed a cumulative total over the lifetime of the program of $3 million.
( d ) You may not use grant moneys from the Fund for lands that are ineligible for reclamation funding under Title IV of SMCRA.
( e ) Insurance premiums must be considered program income and must be used to further eligible subsidence insurance program objectives in accordance with 43 CFR part 12.
[73 FR 67647, Nov. 14, 2008]
§ 706.4 Authority. ( a ) The Director is authorized by Pub. L. 95-87 to: ( 1 ) Establish the methods by which the provisions in section 201(f) of the Act will be monitored and enforced;
( 2 ) Establish appropriate provisions for all employees who perform any function or duty under the Act to file a statement and supplements thereto concerning their financial interests which may be affected by section 201(f); and
( 3 ) Report annually to the Congress on the actions taken and not taken during the preceding calendar year under section 201(f) of the Act.
( b ) Other Federal agencies with employees who perform functions or duties under the Act may adopt financial interest regulations pursuant to the Act which are consistent with the requirements in this part. If any such agency does not adopt regulations pursuant to this part, that agency shall enter into a memorandum of understanding with the Director, to have the employees of that agency who perform functions or duties under the Act file their statements with the Director. The Director will review statements filed with him or her, applying the regulations of the Department of the Interior. Where the Director determines that remedial action is necessary, he or she will refer the case to the employing agency with a recommendation as to the action to be taken.
( c ) The Office of Inspector General within the U.S. Department of the Interior, will conduct periodic audits of Interior's compliance with the provisions contained in section 201(f) of the Act and the provisions of this part. The Office of Inspector General will arrange for such periodic audits of other Federal agencies to be performed by the audit unit of each such agency. The audits will be conducted on a cyclical basis or upon request of the Secretary of the Interior or the Director. Copies of all audit reports and related responses on corrective actions will be provided to the Director.
[42 FR 56060, Oct. 20, 1977, as amended at 56 FR 46988, Sept. 17, 1991]
§ 57.8518 Main and booster fans. ( a ) All mine main and booster fans installed and used to ventilate the active workings of the mine shall be operated continuously while persons are underground in the active workings. However, this provision is not applicable during scheduled production-cycle shutdowns or planned or scheduled fan maintenance or fan adjustments where air quality is maintained in compliance with the applicable standards of subpart D of this part and all persons underground in the affected areas are advised in advance of such scheduled or planned fan shutdowns, maintenance, or adjustments.
( b ) In the event of main or booster fan failure due to a malfunction, accident, power failure, or other such unplanned or unscheduled event: ( 1 ) The air quality in the affected active workings shall be tested at least within 2-hours of the discovery of the fan failure, and at least every 4-hours thereafter by a competent person for compliance with the requirements of the applicable standards of subpart D of this part until normal ventilation is restored, or
( 2 ) All persons, except those working on the fan, shall be withdrawn, the ventilation shall be restored to normal and the air quality in the affected active workings shall be tested by a competent person to assure that the air quality meets the requirements of the standards in subpart D of this part, before any other persons are permitted to enter the affected active workings.
#### GOTHAM, Respondent, v. ROULSTON, Appellant.

(Supreme Court, Appellate Division, Third Department.

January 23, 1903.)

Action by Mary L. Gotham against Reuben. H. Roulston.

No opinion. Motion denied, without costs to either party.
#### § 822.1 Scope.

This part sets forth additional requirements for surface coal mining and reclamation operations on or which affect alluvial valley floors in the arid and semiarid regions of the country.
Exhibit 23.1

The Board of Directors
ImClone Systems Incorporated

      We consent to the incorporation by reference in the registration
statements (Nos. 33-95860, 333-07339, 333-21417, 333-39067 and 333-67335 on Form
S-3 and Nos. 333-10275, 33-95894, 333-64825 and 333-64827 on Form S-8) of
ImClone Systems Incorporated of our report dated February 19, 1999, relating to
the consolidated balance sheets of ImClone Systems Incorporated and subsidiary
as of December 31, 1998 and 1997, and the related consolidated statements of
operations and comprehensive loss, stockholders' equity and cash flows for each
of the years in the three-year period ended December 31, 1998, which report
appears in the December 31, 1998, Annual Report on Form 10-K of ImClone Systems
Incorporated.

                                                     /s/ KPMG LLP
                                                     ---------------------------
                                                     KPMG LLP

Princeton, New Jersey
March 30, 1999
|                                                                |
|----------------------------------------------------------------|
|                                                                |  |
|                                                           |
|                                                           |   |
| MAINE                                                          | 01-0404322 |
| (State or other jurisdiction of incorporation or organization) | (I.R.S. Employer Identification No.) |
|                                                           |
|                                                           |   |
| MAIN STREET, DAMARISCOTTA, MAINE                               | 04543 |
| (Address of principal executive offices)                       | (Zip code) |

----

|                  |
|------------------|
|                  |  |  |
|             |   |   |
|             |   |   |
| Explanatory Note |   | 1 |
|             |   |   |
|             |   |   |
| Item 15          | Exhibits, Financial Statements, Schedules | 2 |
|             |   |   |
|             |   |   |
|             | Signatures | 3 |

----

----

----
##### 



EXHIBIT 32 CERTIFICATION PURSUANT TO U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF
THE SARBANES-OXLEY ACT OF 2002 In connection with the annual report of B.H.I.T. Inc. on Form 10-KSB for the
year ending December 31, 2003, the undersigned being the chief executive
officer and chief financial officer of B.H.I.T. Inc., do hereby 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 their knowledge:  1.
    
    This Annual Report of Form 10-KSB fully complies with the
requirements of Section 13(a) or 15 (d) of the Securities Exchange
Act of 1934, as amended, and2.
    
    The information contained in this report fairly presents, in all
material respects, the financial condition and results of operations
of the Registrant at the dates and for the periods shown in such
report. B.H.I.T. Inc. By:
    
    /s/ James Benenson, Jr.James Benenson, Jr.
    
    Date: March 22, 2004Chairman of the Board of Directors,President and Chief Executive OfficerBy:
    
    /s/ John V. CurciJohn V. Curci
    
    Date: March 22, 2004Vice-President, Treasurer & Chief Financial OfficerPrincipal Accounting Officer
Exhibit 24.  POWER OF ATTORNEY   We, the undersigned directors of Questar Pipeline Company, hereby severally constitute R. Allan Bradley 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 2007 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 2007 and any and all amendments to such Report.  Witness our hands on the respective dates set forth below.   Signature Title Date   __________/s/_______________ Chairman of the Board _02/12/08__ K. O. Rattie   __________/s/_____________ President and _02/12/08__ R. Allan Bradley Chief Executive Officer   __________/s/_______________ Director _02/12/08__ A. K. Allred   __________/s/_______________ Director _02/12/08__ Teresa Beck   __________/s/_______________ Director _02/12/08__ L. Richard Flury   __________/s/_______________ Director _02/12/08__ Gary G. Michael   __________/s/_______________ Director _02/12/08__ Bruce A. Williamson
#### § 941.701 General.

Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal mining operations in South Dakota.
#### THALMANN v. CAPRON KNITTING CO.

(Supreme Court, Appellate Division, First Department.

March 10, 1905.)

Action by Ernst Thalmann against the Capron Knitting Company. No opinion. Motion granted.
Exhibit 23.1 Consent of Independent Registered Public Accounting Firm





Consent of Independent Registered Public Accounting Firm








As the independent registered public accountants of The First Bancorp, Inc., we hereby consent to the incorporation by reference in the registration statement (No. 333-167014) on Form S-8 of our report dated March 14, 2018, with respect to the consolidated balance sheets of The First Bancorp, Inc. and Subsidiary as of December 31, 2017 and 2016, and the related consolidated statements of income and comprehensive income, changes in shareholders' equity and cash flows for each of the three years in the period ended December 31, 2017, and the effectiveness of internal control over financial reporting as of December 31, 2017, which report appears in the December 31, 2017 annual report on Form 10-K of The First Bancorp, Inc.








/s/ Berry Dunn McNeil & Parker, LLC


Bangor, Maine


March 14, 2018
#### § 1210.200 What is the purpose of this subpart?

This subpart explains your reporting requirements if you produce coal or other solid minerals from Federal or Indian leases. Included are your requirements for reporting production, sales, and royalties.