alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA,

v. CASE NO. 1:88-cr-01007-MP-GRJ

RICHARD KEITH WILLIAMS,

_____________________________/

REPORT AND RECOMMENDATION

This matter is before the Court on Doc. 1382, Defendant’s motion to vacate

under 28 U.S.C. § 2255. Defendant is serving a life sentence following his 1991 jurytrial convictions for conspiracy to possess with intent to distribute cocaine base and

possession with intent to distribute cocaine base. Defendant previously filed two

motions under § 2255, both of which were denied. See Docs. 723 (denying motion as

untimely), 1062 (denying Booker claim because of non-retroactivity). The instant

motion again attacks the sentence imposed by this Court. See Doc. 1382. 

Specifically, Defendant contends that his trial counsel rendered ineffective assistance at

sentencing by failing to argue that he was “actually innocent” of a sentence

enhancement. Doc. 1382. 

Because Defendant was denied relief previously under § 2255, he is barred from

seeking such relief again in this Court absent prior certification from the Eleventh

Circuit. 28 U.S.C. §§ 2255(h), 2244(b)(3); see Villanueva v. United States, 346 F.3d

55 (2 Cir. 2003) (habeas or § 2255 petition that is properly dismissed as time-barred nd

constitutes an adjudication on the merits for successive purposes). There is nothing in
Page 2 of 2

the record that reflects that Defendant has been granted leave by the Eleventh Circuit

to file a successive motion to vacate, and thus this Court lacks the requisite

authorization to entertain the claims raised in the instant motion. 

In light of the foregoing, it is respectfully RECOMMENDED that Defendant’s

motion to vacate pursuant to 28 U.S.C. § 2255, Doc. 1382, be DENIED.

IN CHAMBERS this 1 day of March 2011. 

st

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

 

NOTICE TO THE PARTIES

Pursuant to Fed. R. Civ. P. 72(b)(2), a party may file specific, written

objections to the proposed findings and recommendations within 14 days after

being served with a copy of this report and recommendation. A party may

respond to another party’s objections within 14 days after being served with

a copy thereof. Failure to file specific objections limits the scope of review of

proposed factual findings and recommendations.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsCarbon dioxide and water exchange rates by a wheat crop in NASA's biomass production chamber: Results from an 86-day study (January to April 1989)Gas exchange measurements were taken for a 20 sq m wheat stand grown from seed to harvest in NASA's Biomass Production Chamber. Respiration of the wheat stand caused the CO2 concentrations to rise an average of 440 ppm during the 4-h dark period each day, or 7.2 umol/sq m/sec. Dark period respiration was sensitive to temperature changes and could be increased 70 to 75 percent by raising the temperature from 16 C to 24 C. Stand photosynthesis (measured from the rate of CO2 drawdown immediately after the lights came on each day) peaked at 27 umol/sq m/sec at 25 days after planting and averaged 15 umol/sq m/sec throughout the study. By combining the average light period photosynthesis and average dark period respiration, a net of 860 g or 470 liters of CO2 were fixed per day. Stand photosynthetic rates showed a linear increase with increasing irradiance (750 umol/sq m/sec PPF the highest level tested), with an average light compensation point after day 30 of 190 umol/sq m/sec. Stand photosynthesis decreased slightly when CO2 levels were decreased from 2200 to 800 ppm, but dropped sharply when CO2 was decreased below 700 to 800 ppm. Water production from stand transpiration peaked at 120 L/day near 25 days and averaged about 90 L/day, or 4.5 L/sq m/day throughout the study.Document ID19900016137Acquisition SourceLegacy CDMSDocument TypeTechnical Memorandum (TM)AuthorsWheeler, R. M.*(Bionetics Corp. Cocoa Beach, FL., United States)*Sager, J. C.*(NASA John F. Kennedy Space Center Cocoa Beach, FL, United States)*Date AcquiredSeptember 6, 2013Publication DateJanuary 1, 1990Subject CategoryLife Sciences (General)Report/Patent NumberNAS 1.15:102788NASA-TM-102788Accession Number90N25453Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19900016137.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
```

[108th Congress Public Law 339]
[From the U.S. Government Printing Office]

[DOCID: f:publ339.108]

[[Page 118 STAT. 1361]]

Public Law 108-339
108th Congress

                                 An Act

 
 To replace certain Coastal Barrier Resources System maps. <<NOTE: Oct. 
                        18, 2004 -  [S. 1663]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. REPLACEMENT <<NOTE: 16 USC 3503 note.>> OF CERTAIN 
                              COASTAL BARRIER RESOURCES SYSTEM 
                              MAPS.

    (a) In General.--The 2 maps subtitled ``NC-07P'', relating to the 
Coastal Barrier Resources System unit designated as Coastal Barrier 
Resources System Cape Fear Unit NC-07P, that are included in the set of 
maps entitled ``Coastal Barrier Resources System'' and referred to in 
section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)), 
are hereby replaced by 2 other maps relating to those units entitled 
``Coastal Barrier Resources System Cape Fear Unit, NC-07P'' and dated 
May 5, 2004.
    (b) Availability.--The Secretary of the Interior shall keep the maps 
referred to in subsection (a) on file and available for inspection in 
accordance with the provisions of section 4(b) of the Coastal Barrier 
Resources Act (16 U.S.C. 3503(b)).

    Approved October 18, 2004.

LEGISLATIVE HISTORY--S. 1663:
---------------------------------------------------------------------------

SENATE REPORTS: No. 108-179 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
                                                        Vol. 149 (2003):
                                    Nov. 6, considered and passed 
                                        Senate.
                                                        Vol. 150 (2004):
                                    June 14, considered and passed 
                                        House, amended.
                                    Sept. 28, Senate concurred in House 
                                        amendment.

                                  <all>
```
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

UNITED STATES OF AMERICA,

vs. Case No. 5:19cr73/TKW

DEMETRIUS WHITSETT

_________________________________________________________________

ACCEPTANCE OF PLEA OF GUILTY

Pursuant to the Report and Recommendation of the United States Magistrate

Judge, to which there have been no timely objections, and subject to this Court’s

consideration of the Plea Agreement pursuant to Fed. R. Crim. P. 11, the plea of

guilty of the Defendant, DEMETRIUS WHITSETT, to Count ONE of the Indictment

is hereby ACCEPTED. All parties shall appear before this Court for sentencing as

directed.

DONE and ORDERED this 10th day of December, 2019.

T. Kent Wetherell, II 

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE
Exhibit 32.1

WRITTEN STATEMENT OF THE PRINCIPAL EXECUTIVE OFFICER
  PURSUANT TO 18 U.S.C. 1350

Solely for the purposes of complying with 18 U.S.C. 1350, I, the undersigned Principal Executive Officer of Enable IPC Corporation (the "Company"), hereby certify, based on my knowledge, that the Quarterly Report on Form 10-QSB of the Company for the quarter ended June 30, 2007 (the "Report") fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: August 14, 2007



/s/ David A. Walker

David A. Walker

Chief Executive Officer
(Principal Executive Officer)
§ 3201.3 Applicability to Federal procurements. ( a ) *Applicability to procurement actions.* The guidelines in this part apply to all procurement actions by procuring agencies involving items designated by USDA in this part, where the procuring agency purchases $10,000 or more worth of one of these items during the course of a fiscal year, or where the quantity of such items or of functionally equivalent items purchased during the preceding fiscal year was $10,000 or more. The $10,000 threshold applies to Federal agencies as a whole rather than to agency subgroups such as regional offices or subagencies of a larger Federal department or agency.
( b ) *Exception for procurements subject to EPA regulations under the Solid Waste Disposal Act.* For any procurement by any procuring agency that is subject to regulations of the Administrator of the Environmental Protection Agency under section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation Act of 1976 (40 CFR part 247), these guidelines do not apply to the extent that the requirements of this part are inconsistent with such regulations.
( c ) *Procuring products composed of the highest percentage of biobased content.* Section 9002(a)(2) of FSRIA requires procuring agencies to procure qualified biobased products composed of the highest percentage of biobased content practicable or such products that comply with the regulations issued under section 103 of Public Law 100-556 (42 U.S.C. 6914b-1). Procuring agencies may decide not to procure such qualified biobased products if they are not reasonably priced or readily available or do not meet specified or reasonable performance standards.
( d ) This guideline does not apply to purchases of qualified biobased products that are unrelated to or incidental to Federal funding; i.e., not the direct result of a contract or agreement with persons supplying items to a procuring agency or providing support services that include the supply or use of products.
( e ) *Exemptions.* The following applications are exempt from the preferred procurement requirements of this part: ( 1 ) Military equipment: Products or systems designed or procured for combat or combat-related missions.
( 2 ) Spacecraft systems and launch support equipment.
[71 FR 42575, July 27, 2006, as amended at 73 FR 27953, May 14, 2008; 76 FR 6321, Feb. 4, 2011; 79 FR 44655, Aug. 1, 2014]
UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA )

)

V. ) Docket No.: 3:98CR00067-003/RV

)

LARRY SAULSBERRY )

)

ORDER MODIFYING SUPERVISED RELEASE

THIS MATTER CAME on to be heard on September 28, 2005; there appearing Assistant

United States Attorney Edwin Knight; and the defendant, Larry Saulsberry; appearing in person with

appointed counsel, Charles Lammers; and after receiving testimony, the Court did find the defendant

in violation of supervised release. The Court orders the defendant’s term of supervised release be

modified to include the following additional special condition:

"The offender shall reside at the Pensacola Community Corrections Center (halfway house) located

at 225 East Brent Lane in Pensacola, Florida 32503, and remain there, except as authorized, for a

period of six (6) months. The offender shall be placed in the Corrections Component (most

restrictive conditions) of the center, with no furloughs or weekend passes unless authorized by the

U.S. Probation Officer. The Offender shall surrender to the center upon designation by the

Community Corrections Manager as directed by the probation officer."

DONE AND ORDERED in open Court at Pensacola, Florida this 28 th day of September, 2005.

/s/ Roger Vinson______________

Roger Vinson

Senior United States District Judge

Date Signed: October 3, 2005

Case 3:98-cr-00067-RV Document 187 Filed 10/03/05 Page 1 of 1
§ 3201.10 Mobile equipment hydraulic fluids. ( a ) *Definition.* Hydraulic fluids formulated for general use in non-stationary equipment, such as tractors, end loaders, or backhoes.
( b ) *Minimum biobased content.* The minimum biobased content is 44 percent and shall be based on the amount of qualifying biobased carbon in the product as a percent of the weight (mass) of the total organic carbon in the finished product.
( c ) *Preference effective date.* No later than March 16, 2007, procuring agencies, in accordance with this part, will give a procurement preference for qualifying biobased mobile equipment hydraulic fluids. By that date, Federal agencies that have the responsibility for drafting or reviewing specifications for items to be procured shall ensure that the relevant specifications require the use of biobased mobile equipment hydraulic fluids.
( d ) *Determining overlap with an EPA-designated recovered content product.* Qualifying biobased products that fall under this item may, in some cases, overlap with the following EPA-designated recovered content product: Re-refined Lubricating Oils. USDA is requesting that manufacturers of these qualifying biobased products provide information for the BioPreferred Web site of qualifying biobased products about the intended uses of the product, information on whether or not the product contains petroleum-based ingredients, re-refined oil, and/or any other recovered material, in addition to biobased ingredients, and performance standards against which the product has been tested. This information will assist Federal agencies in determining whether or not a qualifying biobased product overlaps with EPA-designated lubricating oils containing re-refined oil and which product should be afforded the preference in purchasing.
Note to paragraph ( d
):
Mobile equipment hydraulic fluid products within this designated item can compete with similar lubricating oils containing re-refined oil. Under the Resource Conservation and Recovery Act of 1976, section 6002, the U.S. Environmental Protection Agency designated lubricating oils containing re-refined oil as items for which Federal agencies must give preference in their purchasing programs. The designation can be found in the Comprehensive Procurement Guideline, 40 CFR 247.11.
[71 FR 13705, Mar. 16, 2006, as amended at 73 FR 27953, May 14, 2008]
**Exhibit
      32.2**






CERTIFICATION




PURSUANT
      TO




SECTION
      1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE




I,
      Alicia B. Derrah, the Chief
      Financial Officer and principal financial officer of Man Investments (USA)
      Corp., the Managing Member of Man-AHL 130, LLC (“Man-AHL 130”), certify that (i)
      the Quarterly Report of Man-AHL 130 on Form 10-Q for the period ending September
      30, 2007 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 such
      Report fairly presents, in all material respects, the financial condition and
      results of operations of Man-AHL 130.







Date: 
                November 13, 2007
            
            /s/ 
Alicia
              B. DerrahAlicia
                B. DerrahChief
              Financial Officer


E-5
Dismissed and Memorandum Opinion filed April 24, 20 12

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 12

- 00 262

- CV

____________ ACE PARKING MANAGEMENT, INC. , Appellant

V.
MAIN STREET PARKING, LIMITED and BRANTLEY MINOR , Appellee s

On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2009

- 50648



### M E M O R A N D U M O P I N I O N
This is an attempted discretionary interlocutory appe al of an order signed February 28, 2012, permitting an interlocutory appeal from partial summary judgment order s

. Generally, appeals may be taken only from final judgments. Lehmann v. Har

- Con Corp. , 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson , 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps , 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).
Section 51.014(d)

- (f) of the Texas Civil Practice and Re medies Code, as amended2

in 2011, provide s for appeals from orders that are not otherwise appealable when permitted by the trial court. The 2011 amendments to the statute explicitly apply only to cases commenced on or after September 1, 2011. See Act of M ay 25, 2011, 82nd Leg. R.S., ch.
203 , §§ 3.01, 6.01 2011 Tex. Gen. Laws 758, 761. Before the 2011 amendments, the statute required that all parties agree to the interlocutory appeal. See Act of May 27, 2005, 79th Leg. R.S., ch. 1051
, §§ 102, 2005 Tex. Ge n. Laws 3512, 3512

- 13 (former Tex. Civ. Prac. & Rem. Code §

. 51.014(d).

This suit commenced in 2009; therefore, it is governed by the prior version of the statute requiring the agreement of all parties before an interlocutory appeal may be taken. On April 2, 2012, this court received notice that appellee, Main Street Parking, Ltd, objects to an interlocutory appeal in this case.
On April 3, 2012, this court notified the parties that it would dismiss the appeal for want of jurisdiction unless any party filed a response within ten days demonstrating that this court has jurisdi ction over the appeal. No response was filed.
Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Brown

.
#### Carmen Silva, Appellant, v A. A. Truck Renting Corporation et al., Respondents.

Supreme Court, Bronx County, entered on June 7, 1979, unanimously affirmed, without costs and without disbursements, and without prejudice to an application in Trial Court for an apportionment of attorneys’ fees and expenses. (See Workers’ Compensation Law, §29, subd 1.) No opinion. Concur—Kupferman, J. P., Birns, Fein, Sandler and Silver-man, JJ.
-84 -82 -80 -78 -76 -74

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18 12 06 00

07/17

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 17 Jul 06

 EDAS Meteorological Data

Source

★ at 38.92 N 77.01 W Meters AGL
---

Exhibit 32.2

Certification of Chief Financial Officer
  Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the
  Sarbanes-Oxley Act of 2002

I, Jason Moretto, certify, pursuant to 18 U.S.C. Section 1350,
  as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
  Annual Report of Racino Royale, Inc. on Form 10-KSB for the fiscal year ended
  September 30, 2006, fully complies with the requirements of Section 13(a) or
  15(d) of the Securities Exchange Act of 1934 and that information contained
  in such Form 10-KSB fairly presents in all material respects the financial condition
  and results of operations of Racino Royale, Inc.

Date: December 28, 2006

By: /s/ Jason Moretto
  Jason Moretto,
  Chief Financial Officer

---
Executive Compensation



 Exhibit 10.20 
  
 On December 9, 2004, the Compensation and Human Resources Committee of the Board of Directors of Lyondell Chemical Company
(the “Company”) approved the 2005 base salaries (effective as of January 1, 2005) for the officers of the Company, including the five named executive officers. The following table sets forth the base salaries for the named executive
officers of the Company for 2005 and 2004: 
  

					
	 Name and Position

	  	Year

	    	Base Salary


	 Dan F. Smith
 President and
 Chief Executive Officer
	  	2005
2004	    	1,150,000
1,050,036
			
	 Morris Gelb
 Executive Vice President and
 Chief Operating Officer
	  	2005
2004	    	684,996
581,828
			
	 T. Kevin DeNicola
 Senior Vice President and
 Chief Financial Officer
	  	2005
2004	    	434,980
367,536
			
	 Kerry A. Galvin
 Senior Vice President, General Counsel
 and Secretary
	  	2005
2004	    	415,012
364,468
			
	 John A. Hollinshead
 Vice President,
 Human Resources
	  	2005
2004	    	350,012
337,818

  
 For further discussion
of executive compensation programs, see “Executive Compensation” beginning on page 21 and “Compensation Committee Report” beginning on page 30 of the Company’s 2004 Proxy Statement. The Company intends to provide additional
information regarding the compensation awarded to the named executive officers in respect of and during the year ended December 31, 2004 in the proxy statement for the Company’s 2005 annual meeting of shareholders, which is expected to be filed
with the Securities and Exchange Commission in March 2005.
#### The State ex rel. Beaver, Appellant, *v.*Konteh, Warden, Appellee.

[Cite as *State ex rel. Beaver v. Konteh*(1998), 83 Ohio St.3d 519.]

(No. 98-1285

Submitted October 13, 1998

Decided November 10, 1998.)

*520
      *Richard Darnell Beaver, pro se.*

*Betty D. Montgomery,*Attorney General, and *Karen L. Killian,*Assistant Attorney General, for appellee.

*Per Curiam.*

Beaver asserts that the court of appeals erred in dismissing his habeas corpus petition. For the reasons that follow, however, Beaver’s contentions lack merit.

First, Beaver’s claim concerning the grand jury selection process attacks the validity and sufficiency of his indictment and is nonjurisdictional. *Thornton v. Russell*(1998), 82 Ohio St.3d 93, 94, 694 N.E.2d 464, 465; *State ex rel. Beaucamp v.*Lazaroff (1997), 77 Ohio St.3d 237, 238, 673 N.E.2d 1273, 1274.

Second, as the court of appeals concluded in Beaver’s direct appeal, Beaver invited any error arising from the felonious assault charge because his trial counsel requested a jury instruction on that charge.1 See *State v. Keenan*(1998), *52181 Ohio St.3d 133, 144, 689 N.E.2d 929, 942. Linder the invited-error doctrine, a party will not be permitted to take advantage of an error that he himself invited or induced the trial court to make. *State ex rel. The V Cos. v. Marshall*(1998), 81 Ohio St.3d 467, 471, 692 N.E.2d 198, 202; cf. *Beaucamp,*77 Ohio St.3d at 238, 673 N.E.2d at 1274-1275, and *Stacy v. Van Coren*(1969), 18 Ohio St.2d 188, 189, 47 O.O.2d 397, 398, 248 N.E.2d 603, 604, in which we held that a plea of guilty to an uncharged offense waives the right to an indictment on that offense, thereby precluding issuance of a writ of habeas corpus.

Third, Beaver’s claims of double jeopardy and erroneous jury instructions are not cognizable in habeas corpus. *Borsick v. State*(1995), 73 Ohio St.3d 258, 259, 652 N.E.2d 951, 952; *State ex rel. Richard v. Seidner*(1996), 76 Ohio St.3d 149, 152, 666 N.E.2d 1134, 1136.

Finally, the fact that Beaver has already invoked alternate remedies, *e.g.,*appeal and postconviction relief, to raise some of these same issues does not entitle him to extraordinary relief. See *State ex rel. Sampson v. Parrott*(1998), 82 Ohio St.3d 92, 93, 694 N.E.2d 463.

Based on the foregoing, we affirm the judgment of the court of appeals.

*Judgment affirmed.*

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

. Whether felonious assault is a lesser included offense of murder or attempted murder has not yet been resolved. See, *e.g., State v. Williams*(1998), 81 Ohio St.3d 1262, 1262-1263, 693 N.E.2d 282 (Cook, J., dissenting).