alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6587
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ADRIAN HOWARD JACKSON, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Joseph F. Anderson, Jr., Chief District Judge. (0:98-cr-01126-JFA) Submitted: September 11, 2007 Decided: September 14, 2007 Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. Adrian Howard Jackson, Appellant Pro Se. Marshall Prince, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Adrian Howard Jackson appeals the district court’s order denying his Rule 59(e) motion to reconsider the denial of his Rule 60(b)(4) motion and alternatively to allow his pleadings to serve as a notice of appeal of the Rule 60(b) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Jackson , No. 0:98-cr-01126-JFA (D.S.C. Mar. 30, 2007). 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
----

Exhibit 32.1

**CERTIFICATION PURSUANT TO****SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

            In connection with the Amended Quarterly Report of Amalgamated Pictures Corp. (the "Company") on Form 10-Q/A for the quarter ending March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Amended Report"), I, Avery Pack, President, 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 Amended 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 Amended Report fairly presents, in all material respects, the financial condition and result of operations of the Company.

Date: July 22, 2009

| /s/ Avery Pack                                                                                                                                                                                                            |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                                                                                                                                                |
| Avery Pack, President and          Chief Executive Officer          (Principal Executive Officer) and          Acting Chief Financial Officer          (Principal Financial Officer and          Principal Accounting Officer) |
§ 46.6 License fees. ( a ) Retailers and grocery wholesalers making an initial application for license shall pay a $100 administrative processing fee.
( b ) For commission merchants, brokers, and dealers (other than grocery wholesalers and retailers) the annual license fee is $995 plus $600 for each branch or additional business facility. In no case shall the aggregate annual fees paid by any such applicant exceed $8,000.
( c ) The Director may require that fees be paid in the form of a money order, bank draft, cashier's check, or certified check made payable to “USDA-AMS”. Authorized representatives of the Division may accept fees and issue receipts.
[62 FR 43455, Aug. 14, 1997, as amended at 75 FR 51919, Aug. 24, 2010]
#### §§ 4280.57-4280.61 [Reserved]
#### Ann M. Di Lillo, an Infant, by Nicholas Di Lillo, Her Natural Guardian, et al., Respondents, v. Harriet Stamatis et al., Appellants. (Action No. 1.) Gerry Mastroianni, as Administrator of the Estate of Philomena Mastroianni, Deceased, et al., Respondents, v. Harriet Stamatis et al., Appellants. (Action No. 2.) Nicholas Stamatis, Respondent, v. Nicholas Di Lillo, Respondent. (Action No. 3.)

Order of the Supreme Court, Nassau County, dated October 3, 1968, modified, on the law and the facts, by deleting the condition therein and by adding a direction that all three actions, as consolidated, are to be placed on the October 1969 Term Calendar, with all pretrial procedures to be completed by September 1, 1969. As so modified, order affirmed, with one bill of $10 costs and disbursements to appellants against plaintiffs appearing separately in Actions 1 and 2. These three actions arose out of a two-ear automobile accident. All of them should be tried together, to avoid duplicating trials and unnecessary expense to both the parties and the court. Brennan, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.
```

[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Page 41234]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17650]

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

 DEPARTMENT OF ENERGY

Basic Energy Sciences Advisory Committee

AGENCY: Department of Energy, Office of Science.

ACTION: Notice of open meeting.

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

SUMMARY: This notice announces a meeting of the Basic Energy Sciences 
Advisory Committee (BESAC). Federal Advisory Committee Act (Pub. L. 92-
463, 86 Stat. 770) requires that public notice of these meetings be 
announced in the Federal Register.

DATES: Tuesday, August 2, 2011, 8:30 a.m.-5 p.m., Wednesday, August 3, 
2011, 9 a.m. to 12 noon.

ADDRESSES: Bethesda North Hotel and Conference Center; 5701 Marinelli 
Road, Bethesda, MD 20852.

FOR FURTHER INFORMATION CONTACT: Katie Perine; Office of Basic Energy 
Sciences; U.S. Department of Energy; Germantown Building, 1000 
Independence Avenue, SW., Washington, DC 20585; Telephone: (301) 903-
6529.

SUPPLEMENTARY INFORMATION:
    Purpose of the meeting: The purpose of this meeting is to provide 
advice and guidance with respect to the basic energy sciences research 
program.
    Tentative agenda: Agenda will include discussions of the following:
     News from Office of Science/DOE.
     News from the Office of Basic Energy Sciences.
     Materials by Design.
     R&D Coordination.
     Follow-up on the Mesoscale Charge to BESAC.
    Public participation: The meeting is open to the public. If you 
would like to file a written statement with the Committee, you may do 
so either before or after the meeting. If you would like to make oral 
statements regarding any of the items on the agenda, you should contact 
Katie Perine at 301-903-6594 (fax) or katie.perine@science.doe.gov (e-
mail). Reasonable provision will be made to include the scheduled oral 
statements on the agenda. The Chairperson of the Committee will conduct 
the meeting to facilitate the orderly conduct of business. Public 
comment will follow the 10-minute rule.
    Minutes: The minutes of this meeting will be available for public 
review and copying within 30 days at the Freedom of Information Public 
Reading Room; 1G-033, Forrestal Building; 1000 Independence Avenue, 
SW., Washington, DC 20585; between 9 a.m. and 4 p.m., Monday through 
Friday, except holidays.

    Issued in Washington, DC, on July 7, 2011.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. 2011-17650 Filed 7-12-11; 8:45 am]
BILLING CODE 6450-01-P
```
#### Castalia Ortega et al., Appellants, v City of New York, Respondent.

Submitted June 25, 2007;

decided June 27, 2007

Reported below, 35 AD3d 422.

Motion by New York State Conference of Mayors and Municipal Officials for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Four copies of the brief must be filed within seven days.
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the court has determined

that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-30102

Conference Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

MILTON AMOS BROWN,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. CR-94-224-I-5

- - - - - - - - - -

(October 18, 1995)

Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.

PER CURIAM:*

Brown argues that the district court should have dismissed

the indictment charging him with felony escape in light of his

defense to the escape charge. Brown moved to dismiss the

indictment on the basis that he had completed his sentence when

he resorted to self-help to end his confinement.

The validity of the conviction or sentence under which an

escapee is confined is not an element of the offense of felony
No. 95-30102

-2-

escape. See United States v. Smith, 534 F.2d 74, 75 (5th Cir.

1976) (rejecting challenge that conviction for escape was invalid

because original sentence was illegal), cert. denied, 429 U.S.

1100 (1977); see also United States v. Cluck, 542 F.2d 728, 732

(8th Cir.) (an individual in federal custody cannot test the

underlying propriety of his confinement by escaping from it),

cert. denied, 429 U.S. 986 (1976). Brown's contention that the

indictment should be dismissed because his confinement was

unlawful is without merit.

Brown also argues that the district court erred in adding

three criminal history points for a previous 1983 conviction

because the actual sentence served for that conviction was less

than one year and one month and was later amended to reflect that

fact. However, Brown's sentence of imprisonment for the firearms

offense was 15 months of imprisonment, regardless of the actual

time served. The district court did not err in adding three

criminal history points for this offense. See U.S.S.G.

§ 4A1.1(a) and comment. n.1.

Brown asserts that the district court incorrectly gave him

an additional criminal history point for the instant offense as

having been committed less than two years after release from

imprisonment on a sentence. However, even if the district court

did err in imposing this additional point, any error would be

harmless because Brown would have still been in the same criminal

history category. See Williams v. United States, 503 U.S. 193,

202-03 (1992).

AFFIRMED.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

JOHN DOE 1, et al

VS CASE NO. 5:03cv260/MCR/MD

JOSEPH R. FRANCIS, et al

REFERRAL AND ORDER

Referred to Judge Rodgers on JANUARY 9, 2004 

Type of Motion/Pleading: MOTION TO STAY PROCEEDINGS PENDING OUTCOME OF

PARALLEL CRIMINAL PROCEEDINGS

Filed by: DEFENDANTS on 12/2/03 Document 21

( ) Stipulated/Consented/Joint Pleading

RESPONSES:

 PLAINTIFF on 1/7/04 Doc.# 36

on Doc.#

WILLIAM M. McCOOL, CLERK OF COURT

 /s/L. James

Deputy Clerk 

ORDER

Upon consideration of the foregoing, it is ORDERED this 4th day of

February, 2004, that:

The requested relief is GRANTED. A written order will follow.

 s/ M. Casey Rodgers 

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

Entered On Docket: By: 

Rules 58 & 79(a) FRCP or 32(d)(1) & 55 FRCRP

Copies sent to:

Case 5:03-cv-00260-RS-WCS Document 43 Filed 02/04/04 Page 1 of 1
**Exhibit 32.1**

**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 Quarterly Report on Form 10-Q of SkyTerra Communications, Inc. (the “Company”) for the period ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Alexander H. Good, Chief Executive Officer and President of the Company, 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 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 results of operations of the Company. 

 

|                                  |
|---------------------------------------|
| /s/ Alexander H. Good                 |
| Alexander H. Good                     |
| Chief Executive Officer and President |

August 7, 2009
§ 3418.4 Reporting requirement. Each recipient institution shall report to the Department of Agriculture by October 1 of each fiscal year, the following information related to stakeholder input and recommendations: ( a ) Actions taken to seek stakeholder input that encourages their participation;
( b ) A brief statement of the process used by the recipient institution to identify individuals and groups who are stakeholders and to collect input from them; and
( c ) A statement of how collected input was considered.
Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

MARIO CARDENAS,

Plaintiff,

v. Case No. 5:20-cv-122-TKW-MJF

MARK INCH, et al.,

Defendants.

/

O R D E R

This case is before the Court based on the magistrate judge’s Report and 

Recommendation (Doc. 12). No objections were filed. Upon due consideration of 

the Report and Recommendation and the case file, the Court agrees with the 

magistrate judge’s determination that this case should be dismissed. 

Accordingly, it is ORDERED that:

1. The magistrate judge’s Report and Recommendation is adopted and 

incorporated by reference in this order.

2. This case is DISMISSED without prejudice.

3. The Clerk shall enter judgment in accordance with this Order and close 

the case file.

Case 5:20-cv-00122-TKW-MJF Document 13 Filed 09/13/21 Page 1 of 2
Page 2 of 2

DONE and ORDERED this 13th day of September, 2021.

T. Kent Wetherell, II 

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

Case 5:20-cv-00122-TKW-MJF Document 13 Filed 09/13/21 Page 2 of 2
United States Court of Appeals

for the Fifth Circuit ____________

No. 22-50804

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Jose Luis Jaimes-Reynoso, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Western District of Texas

USDC No. 2:19-CR-2771-1

______________________________

Before Smith, Southwick, and Douglas, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Jose Luis Jaimes-Reynoso 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). Jaimes-Reynoso has not filed a response. We have reviewed 

counsel’s brief and the relevant 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

April 28, 2023

Lyle W. Cayce

Clerk

Case: 22-50804 Document: 00516731429 Page: 1 Date Filed: 04/28/2023
No. 22-50804

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 responsibilities 

herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.

Case: 22-50804 Document: 00516731429 Page: 2 Date Filed: 04/28/2023
Exhibit 32



SECTION 1350 CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER



In connection with the Report of Material Sciences Corporation (the Company) on
Form 10-Q/A for the fiscal quarter ended May 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ronald L. Stewart, President and Chief Executive Officer of the Company, certify pursuant to
18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to 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.
| | --- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



November 24, 2004By:

/s/ Ronald L. StewartRonald L. StewartPresident, Chief Executive Officer and Director




In connection with the Report,
I, Jeffrey J. Siemers, Vice President, Chief Financial Officer and Secretary of the Company, certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to 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.
| | --- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



November 24, 2004By:

/s/ Jeffrey J. SiemersJeffrey J. SiemersVice President, Chief Financial Officer and Secretary
§ 4288.5 Oversight, monitoring, and reporting requirements. ( a ) *Verification.* The Agency reserves the right to verify all payment requests and subsequent payments made under this program, including field visits, as frequently as necessary to ensure the integrity of the program. Documentation provided will be used to verify, reconcile, and enforce the payment terms of Form RD 4288-5, “Repowering Assistance Program—Agreement,” along with any potential refunds that the recipient will be required to make should they fail to adequately document their request.
( b ) *Records.* ( 1 ) For purposes of verifying the eligible project costs supporting payments under this subpart, each biorefinery must maintain in one place such books, documents, papers, receipts, payroll records and bills of sale adequate to identify the purposes for which, and the manner in which funds were expended for eligible project costs. The biorefinery must maintain copies of all documents submitted to the Agency in connection with payments made hereunder. These records must be available at all reasonable times for examination by the Agency and must be held and be available for Agency examination for a period of not less than 3 years from the final payment date.
( 2 ) For the purpose of verifying compliance with the fossil fuel reduction and energy production requirements of this subpart, each biorefinery must make available and provide for the metering of all power and heat producing boilers, containment vessels, generators and any other equipment related to the production of heat or power required to displace fossil fuel loads with renewable biomass. These records must be held in one place and be available at all reasonable times for examination by the Agency. Such records include all books, papers, contracts, scale tickets, settlement sheets, invoices, and any other documents related to the program that are within the control of the biorefinery. These records must be held and made available for Agency examination for a period of not less than 3 years from the date the repowering project becomes operational.
( c ) *Reporting.* Upon completion of the repowering project, the biorefinery must submit a report using Form RD 4288-6, “Repowering Assistance Programs—Reporting Form,” to the Agency annually for the first 3 years after completion of the project. The reports are to be submitted as of October 1 of each year. The report must include the items specified in paragraphs (c)(1) and (c)(2) of this section. ( 1 ) Documentation regarding the usage and production of energy at the biorefinery during the previous year, including both the previous and current fossil fuel load and the renewable biomass energy production. ( i ) Metered data documenting the production of heat, steam, gas and power must be obtained utilizing an Agency approved measurement device.
( ii ) Metered data must be verifiable and subject to independent calibration testing.
( 2 ) Current utility billing data, indentifying metered loads, from the base energy use period.
§ 357.4 Exceptions from the declaration requirement. Plants and products containing plant materials are excepted from the declaration requirement if: ( a ) The plant is used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported; or
( b ) The plant material in a product represents no more than 5 percent of the total weight of the individual product unit, provided that the total weight of the plant material in an entry of products in the same 10-digit provision of the Harmonized Tariff Schedule of the United States does not exceed 2.9 kilograms.
( c ) A product will not be eligible for an exception under paragraph (b) of this section if it contains plant material listed: ( 1 ) In an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);
( 2 ) As an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 *et seq.*); or
( 3 ) Pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction.
[85 FR 12212, Mar. 2, 2020]