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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6198

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JOHN D. WRIGHT,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Charleston. Solomon Blatt, Jr., Senior District

Judge. (CR-87-105, CA-94-3506-8AJ)

Submitted: August 22, 1996 Decided: September 4, 1996

Before HALL, MICHAEL, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Susan Graham James, Montgomery, Alabama, for Appellant. Alfred

William Walker Bethea, Assistant United States Attorney, Florence,

South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order adopting the

recommendation of the magistrate judge to deny Appellant's motion

filed pursuant to 28 U.S.C. § 2255 (1988), as amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-

132, 110 Stat. 1217. We have reviewed the record and the district

court's opinion and find no reversible error. Accordingly, we

affirm substantially on the reasoning of the district court. United

States v. Wright, Nos. CR-87-105; CA-94-3506-8AJ (D.S.C. Jan. 8,

1996).

In addition we note that, because there has been no intervening change in law regarding the claims Appellant raised on

direct appeal, collateral attack of these alleged errors is foreclosed. Boeckenhaupt v. United States, 537 F.2d 1182, 1183 (4th

Cir.), cert. denied, 429 U.S. 863 (1976). Further, Appellant's nonconstitutional claims raised for the first time in this collateral

proceeding have been waived by the failure to raise them on direct

appeal. Stone v. Powell, 428 U.S. 465, 477 n.10 (1976); United

States v. Emanuel, 869 F.2d 795, 796 (4th Cir. 1989). Finally,

Appellant's failure to show cause for his procedural default bars

review of those claims where no contemporaneous objection was made

at sentencing. United States v. Gaylor, 828 F.2d 253, 256 (4th Cir.

1987).
3

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
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 22
- 11052 Summary Calendar

**____________ United States of America,**  Plaintiff

— Appellee **,** versus **Shane Michael Reigle,** Defendant

— Appellant **.**

**______________________________** Appeal from the United States District Court for the Northern District of Texas USDC No. 2:21
- CR
- 50 - 1

**_________________ _____________**  Before **Higginbotham, Graves,** and **Ho,** Circuit Judges . **Per Curiam :**  ***** The Federal Public Defender appointed to represent Shane Michael Reigle has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Reigle has not filed a response. We have reviewed counsel’s brief and the re levant portions of the record reflected therein. We

**_____________________** * This opinion is not designated for publication. See **5th Cir .**  **R .**  47.5. United States Court of Appeals Fifth Circuit 

### FILED May 22, 2023 Lyle W. Cayce Clerk Case: 22-11052 Document: 00516759205 Page: 1 Date Filed: 05/22/2023No. 22
- 11052

2 concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is **GRANTED** , counsel is excused from further resp onsibilities herein, and the appeal is **DISMISSED** . See **5th Cir. R.** 42.2 . Case: 22-11052 Document: 00516759205 Page: 2 Date Filed: 05/22/2023
**Exhibit 23.1**

**Consent ofIndependent Registered Public Accounting Firm**

Weconsent to the incorporation by reference in the Registration Statement (Form S-8Nos. 333-134617, 333-96625 and 333-73152) pertaining toVIASYS Healthcare Inc. Equity Incentive Plan, the 2001 Employees’ StockPurchase Plan and the Deferred Compensation Plan for Directors of our reportsdated March 2, 2007, with respect to the consolidated financial statementsand schedule of VIASYS Healthcare Inc., VIASYS Healthcare Inc. management’s assessmentof the effectiveness of internal control over financial reporting, and theeffectiveness of internal control over financial reporting of VIASYS HealthcareInc. included in VIASYS Healthcare Inc.’s Annual Report (Form 10-K)for the year ended December 30, 2006.
|                             | /s/ ERNST &  YOUNG LLP |
|-----------------------------|---------------------------------|
| Philadelphia,  Pennsylvania |                            |
| March 6, 2007          |                            |

 

----
§ 1160.206 Procedure. ( a ) A majority of the members shall constitute a quorum at a properly convened meeting of the Board. Any action of the Board shall require the concurring votes of at least a majority of those present and voting. The Board shall establish rules concerning timely notice of meetings.
( b ) The Board may take action upon the concurring votes of a majority of members by mail, telephone, telegraph, or other means of electronic communication when, in the opinion of the chairperson of the Board, such action must be taken before a meeting can be called. Action taken by this emergency procedure is valid only if all members are notified and provided the opportunity to vote and any telephone vote is confirmed promptly in writing. Any action so taken shall have the same force and effect as though such action had been taken at a properly convened meeting of the Board.
§ 1.315 Separation of functions. ( a ) Neither the investigating official, the reviewing official, nor any employee or agent of the USDA who takes part in investigating, preparing, or presenting a particular case may, in such case or in a factually related case— ( 1 ) Conduct the hearing in such case;
( 2 ) Participate in or advise the ALJ in the decision in such case, or participate in or advise in the review of the decision in such case by the judicial officer, except as a witness or representative in public proceedings; or
( 3 ) Make the collection of penalties and assessments under § 1.341 of this part.
( b ) The ALJ shall not be responsible to or subject to the supervision or direction of the investigating official or the reviewing official.
( c ) Except to the extent limited by paragraph (a) of this section, the representative for USDA may be employed in any constituent agency of USDA, including the offices of either the investigating official or the reviewing official.
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## Breadcrumb

            -           PACER Center's Technical Assistance on Transition and the Rehabilitation Act (TATRA) Project      

# PACER Center's Technical Assistance on Transition and the Rehabilitation Act (TATRA) Project

The Technical Assistance on Transition and the Rehabilitation Act (TATRA) Project offers Parent Information and Training Programs funded by the Rehabilitation Services Administration (RSA) a variety of services to help them achieve their goals. Individualized services for each center are identified in technical assistance plans on an annual basis.

http://partnershipsinemployment.com/?resources=technical-assistance-on-transition-and-the-rehabilitation-act-project
#### ARMSTRONG & ARMSTRONG, INC., Plaintiff-Appellee, v. The UNITED STATES of America, acting By and Through Rogers C. B. MORTON, Secretary of the Department of the Interior, the United States Department of the Interior, its Bureaus, Agents, Servants and Representatives, Defendants-Appellants.

No. 73-1983.

United States Court of Appeals, Ninth Circuit.

April 10, 1975.

David M. Cohen, Atty., Civ. Div., Dept. of Justice, Washington, D. C. (argued), for defendants-appellants.

William B. Moore (argued), Seattle, Wash., for plaintiff-appellee.

Before KOELSCH, BROWNING, and GOODWIN, Circuit Judges.

OPINION

*403PER CURIAM:

The United States appeals from a judgment awarding bid preparation costs to an unsuccessful bidder on a government contract. We affirm for the reasons stated by the district court. 356 F.Supp. 514 (E.D.Wash. 1973).

We agree with the district court that in the circumstances of this ease appellee, as the displaced low bidder, had standing to sue. Scanwell Laboratories v. Shaffer, 137 U.S.App.D.C. 371, 424 F.2d 859 (1970); Merriam v. Kunzig, 476 F.2d 1233 (3d Cir. 1973); Wilke v. United States, 485 F.2d 180 (4th Cir. 1973); Cincinnati Electronics Corp. v. Kleppe, 509 F.2d 1080 (6th Cir. 1975); and Hayes International Corp. v. McLucas, 509 F.2d 247 (5th Cir. 1975).

We also agree with the district court that jurisdiction was conferred by the Tucker Act, 28 U.S.C. § 1346(a)(2). The invitation to bid, followed by submission of a bid, created an implied contract obligating the government to consider the bid fairly and honestly. Keco Industries, Inc. v. United States, 428 F.2d 1233, 192 Ct.Cl. 773 (1970); Continental Business Enterprises, Inc. v. United States, 452 F.2d 1016, 196 Ct.Cl. 627 (1971).

Finally, on the merits, we agree with the district court that the government acted arbitrarily, and in violation of its own regulations, by adjusting the total bid of another bidder, Bovee & Crail, in order to reconcile that total with the correct sum of the 82 item bids that comprised the overall bid.

The government could not know from the face of the bid whether the error lay in one of the component items or in the summation. Bovee & Crail stated that the error was in the addition. Correction of the total made Bovee & Crail the low bidder. If, however, it had appeared that Bovee & Crail was already the low bidder, Bovee & Crail could have informed the government that the error was not in the addition but in one of the component items, and thus maintain the higher bid. This opportunity to second guess one’s bid after the bids have been opened subverts the competitive bidding process, and creates the potential for abuse that federal procurement regulations are designed to prevent.

Affirmed.
§ 1217.520 Late payment and interest charges for past due assessments. ( a ) A late payment charge shall be imposed on any domestic manufacturer or importer who fails to make timely remittance to the Board of the total assessments for which they are liable. The late payment will be imposed on any assessments not received within 60 calendar days of the date they are due. This one-time late payment charge shall be 10 percent of the assessments due before interest charges have accrued.
( b ) In addition to the late payment charge, 11 ⁄ 2 percent per month interest on the outstanding balance, including any late payment and accrued interest, will be added to any accounts for which payment has not been received by the Board within 60 calendar days after the day assessments are due. Interest will continue to accrue monthly until the outstanding balance is paid to the Board.
§ 1032.12 Producer. ( a ) Except as provided in paragraph (b) of this section, *producer* means any person who produces milk approved by a duly constituted regulatory agency for fluid consumption as Grade A milk and whose milk (or components of milk) is: ( 1 ) Received at a pool plant directly from the producer or diverted by the plant operator in accordance with § 1032.13; or
( 2 ) Received by a handler described in § 1000.9(c).
( b ) Producer shall not include: ( 1 ) A producer-handler as defined in any Federal order;
( 2 ) A dairy farmer whose milk is received at an exempt plant, excluding producer milk diverted to the exempt plant pursuant to § 1032.13(d);
( 3 ) A dairy farmer whose milk is received by diversion at a pool plant from a handler regulated under another Federal order if the other Federal order designates the dairy farmer as a producer under that order and that milk is allocated by request to a utilization other than Class I; and
( 4 ) A dairy farmer whose milk is reported as diverted to a plant fully regulated under another Federal order with respect to that portion of the milk so diverted that is assigned to Class I under the provisions of such other order.
EX-10.1(a)



 Exhibit 10.1(a) 
 June 1, 2012 
 Chesapeake Capital Corporation 

17th Floor 
 Richmond Federal Reserve Building

 701 E Byrd Street 
 Richmond, Va
23219 
 Attention: Mr. John M. Hoade 
  

	 	Re:	Management Agreement Renewals  

 Dear
Mr. Rusin: 
 We are writing with respect to your management agreements concerning the commodity pools to which reference is made below
(the “Management Agreement”). We are extending the term of the Management Agreement through June 30, 2013 and all other provisions of the Management Agreement will remain unchanged. 

 

	 	•	 	 Tidewater Futures Fund L.P. 


 Please acknowledge receipt of this modification by signing one copy of this letter and returning it to the attention of Mr. Brian Centner at the address above or fax to 212-296-6868. If you have any
questions I can be reached at 212-296-1290. 
 Very truly yours, 

 

					
	CERES MANAGED FUTURES LLC
		
	 By:
	 	 /s/ Brian Centner

		 	 Brian Centner 

		 	Chief Financial Officer & Director
	
	 CHESAPEAKE CAPITAL CORPORATION

		
	 By:
	 	 /s/ Richard S. Rusin

		 	Print Name:	 	Richard S. Rusin
		 		 	Chief Operating Officer
		
	BC/sr
Exhibit
32




CERTIFICATION




By
signing below, each of the undersigned officers hereby certifies, pursuant to 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to his knowledge, (i) this report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and (ii) the information contained in this report fairly presents, in all
material respects, the financial condition and results of operations of White
River Capital, Inc.




Date:
August 8, 2008












/s/
      John M. Eggemeyer, IIIJohn
      M. Eggemeyer, III
                Chief
      Executive Officer/s/
      Martin J. SzumskiMartin
      J. Szumski
                Chief
      Financial Officer
#### § 110.1 Scope.

This part sets forth the requirements for recordkeeping on restricted use pesticides by all certified applicators, both private applicators and commercial applicators.
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[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title:****Geology of the Chitina Valleyand adjacent area, Alaska**
 
Report
Plates:01 | 02
 
SuDoc NumberI19.3:894:
Item Number:0620 (online)
CGP systemNumber:000966016
 
November 15, 2018
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## Breadcrumb

            -           Guideposts for Success for Youth with Mental Health Needs      

# Guideposts for Success for Youth with Mental Health Needs

The Guideposts for Success are a framework to assist the multiple organizations that need to be involved to meet the needs and improve the transition outcomes of all youth, including youth with disabilities. The guideposts discuss school-based services, career preparation, leadership opportunities, community services, and family involvement supports for youth with mental health needs. These documents were developed by the National Collaborative on Workforce and Disability, which is supported by funds from the Department of Labor.

http://www.ncwd-youth.info/guideposts/mental-health
#### § 1051.90 Dates.

See § 1000.90.
#### § 1219.10 Fiscal period or marketing year.

*Fiscal period* or *marketing year* means the period beginning on November 1 of any year and extending through the last day of October of the following year, or such other consecutive 12-month period as shall be recommended by the Board and approved by the Secretary.
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## Breadcrumb

            -           Occupational Outlook Handbook      

# Occupational Outlook Handbook

The Occupational Outlook Handbook is a nationally recognized source of career information from the U.S. Department of Labor, Bureau of Labor Statistics. It is designed to help individuals making decisions about their future work lives. The handbook is revised every two years. It includes information on hundreds of jobs and describes the training and education needed, earnings, expected job prospects, what workers do on the job, and working conditions. In addition, the handbook gives job search tips, links to information about the job market in each state, and more.

http://www.bls.gov/ooh/
Exhibit 4.18


              MEMORANDUM ON ADJUSTMENT OF RENT OF LAND USE RIGHTS

According to the Land Use Right Leasing Agreement entered into between China
Petrochemical Corporation (the "Sinopec Group Company") and China Petroleum
Corporation ("Sinopec Corp.") in 2000 and the Agreement on Adjustments to
Connected Transactions in 2001 and the Rental Adjustment Memorandum signed in
2003, the above two agreements aggregate a lease land area of 366,524,536.24
square meters with an annual rent of RMB2,145,974,415.35. Due to the needs of
Sinopec Corp. in developing and continuing its business and operation,
together with the acquisition of Maoming Ethylene, Maoming Refinery, and other
petrochemical projects, Sinopec Corp. increases the land leased from Sinopec
Group Company by 15,528,469.8 square meters and raised the annual rent by
RMB177,350,304.44. At the same time, due to a change in business structure,
Sinopec Corp. terminates the land lease from Sinopec Group Company of
7,319,669.27 square meters with the respective annual rent of RMB31,370,176.7.
After the adjustment, the abovementioned agreement shall have an actual
leasing area of 374,733,336.77 square meters with an annual rent amounting to
a 20% increase of the base rent of RMB2,291,954,543.09, amounting to
RMB2,750,345,451.71.

The above adjustment has been approved by the directors at the 25th meeting of
the 2nd Board of Director of Sinopec Corp.

According to the relevant clauses in the Land Use Right Leasing Agreement
dated August 2003 in relation to the increased land and the Rental Adjustment
Memorandum dated 28 October 2003 signed by Sinopec Corp. and Sinopec Group
Company, the annual rental of the land area of 51,711,355.46 square meters
under this Agreement shall be increased by 20%, from the initial amount of
RMB300,818,873.55 to RMB360,982,648.26.

After the adjustment of the abovementioned agreement, the aggregate leasing
area is 426,444,692.23 square meters and the total annual rent amounts to
RMB3,111,328,099.97.

In addition, considering further restructuring of Sinopec Corp.'s
subsidiaries, the anticipated increase of land leased from Sinopec Group
Company amounts to 10,488.259 square meters with an increase of land rental of
RMB123,083,122.45.


China Petrochemical Corporation

/s/ Chen Tonghai
----------------------------
Authorized Representative
31 March 2006


China Petroleum & Chemical Corporation

/s/ Wang Tianpu
----------------------------
Authorized Representative
31 March 2006


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