alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-50131

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MARVIN LYDELL STARKS,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 6:04-CR-15-ALL

Before JOLLY, GARZA, and STEWART, Circuit Judges.

PER CURIAM:

*

Marvin Lydell Starks, federal prisoner # 35930-180, seeks leave to proceed

in forma pauperis (IFP) on appeal from the district court’s denial of his 18 U.S.C.

§ 3582(c)(2) motion to reduce his sentence based on recent amendments to the

Sentencing Guidelines relating to offenses involving crack cocaine. He was

convicted of possession with intent to distribute crack cocaine within 1000 feet

of a school and carrying a firearm during the commission of a drug trafficking

crime. By moving to proceed IFP, Starks is challenging the district court’s

United States Court of Appeals

Fifth Circuit

F I L E D

November 4, 2010

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 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 CIR.

R. 47.5.4.

Case: 09-50131 Document: 00511285071 Page: 1 Date Filed: 11/04/2010
No. 09-50131

certification decision that his appeal was not taken in good faith because it is

frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

Starks did not file a notice of appeal within the ten-day appeal period in

Rule 4(b)(1) of the Federal Rules of Appellate Procedure. This court remanded

the case to the district court for a determination of whether the untimely filing

of the notice of appeal was due to excusable neglect or good cause. The district

court determined that Starks had not shown that the untimely notice of appeal

was due to excusable neglect or good cause.

This court can dismiss an appeal if the appeal “is frivolous and entirely

without merit.” 5TH CIR. R. 42.2. Because Starks did not file a timely notice of

appeal, the district court did not err in enforcing the time limitations set forth

in Rule 4(b), and this court may not reverse its decision to do so. See United

States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir. 2006). Because the instant

appeal is without arguable merit, Starks’s motion for leave to proceed IFP on

appeal is DENIED, and the appeal is DISMISSED as frivolous. See 5TH CIR.

R. 42.2.

2

Case: 09-50131 Document: 00511285071 Page: 2 Date Filed: 11/04/2010
#### The Eureka Stable Co., Respondent, *v.*The Metropolitan Street Railway Co., Appellant.

Appeal from a judgment entered upon a verdict, and from an order denying a motion for a new trial.

Henry A. Robinson (Charles E. Brown, of counsel), for appellant.

Holm & Smith (Victor E. Whitlock, of counsel), for respondent.

Oohlan, J.

This is an appeal from a judgment entered upon a verdict and from an order denying a motion for a new trial.

The action is to recover damages for an alleged injury to a carriage belonging to the plaintiff by being in collision with a car of the defendant at Lexington avenue and Sixtieth street, New York city, on the night of the 7th of December, 1897, and such collision, it is charged, was the fault or negligence of the defendant’s employees. The only question submitted for review on this appeal is, whether or not the court erred in permitting the jury to consider the depreciation of the value of the wagon. The court, in its charge to the jury upon this precise question, said: “ The evidence *822introduced here as to depreciation in value of the carriage is rather meager, and I shall not allude to it except to say that the witness who testified concerning the value has duly qualified himself as an expert; his knowledge, however, of the vehicle in question seems to be very slight and you will consider that in a settlement upon the verdict.” The witness in question had testified to almost daily visits to the plaintiffs place of business and generally to the condition of the plaintiff’s carriages; he was a carriage-maker and repairer of fifteen years’ standing, also did the repairs on the carriage in question, and was, therefore, competent to testify as to the value of the repairs, which he stated were worth $158.70, and under objection he was permitted to say that the difference in value before the accident and after the repairs was about $300. The jury found for the plaintiff in the sum of $208, and it does not, therefore, appear that the charge of the court had been prejudicial to the defendant; indeed, it would seem that the charge was entirely fair to the defendant, and having reached this conclusion we see no reason for disturbing the findings of the jury. It may be said that the defendant gave no evidence whatever as to the value, and ought not for that reason to be heard in complaint.

There was a conflict of evidence upon the question of negligence, and the jury determined that also in the plaintiff’s favor.

The judgment and order appealed from should be affirmed.

Fitzsimons, Oh. J., and O’Dwyer, J., concur.

Judgment and order affirmed.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2200 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 2200

To amend title 5, United States Code, relating to the use of the leave 
    transfer program by wounded veterans who are Federal employees.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2007

 Mr. Jones of North Carolina introduced the following bill; which was 
      referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
To amend title 5, United States Code, relating to the use of the leave 
    transfer program by wounded veterans who are Federal employees.

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

SECTION 1. USE OF LEAVE TRANSFER PROGRAM BY WOUNDED VETERANS WHO ARE 
              FEDERAL EMPLOYEES.

    (a) In General.--Section 6333(b) of title 5, United States Code, is 
amended--
            (1) by striking ``A leave'' and inserting ``(1) Except as 
        provided in paragraph (2), a leave''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The requirement to exhaust annual leave and sick leave under 
paragraph (1) shall not apply in the case of a leave recipient who, 
while a member of the Armed Forces, including a member of the National 
Guard or a Reserve, sustained a combat-related disability (as defined 
in section 1413a(e) of title 10) and is undergoing medical treatment 
(as defined by the Office of Personnel Management) for that combat-
related disability. The preceding sentence shall apply to a member 
described in that sentence only so long as the member continues to 
undergo medical treatment for the disability, but in no case for more 
than five years.''.
                                 <all>
```
# Official Journal C 161I/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 161I |
| | |
| English edition | Information and Notices | Volume 643 May 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 161I

English edition

Information and Notices

Volume 643 May 2021

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 161 I/01 | Statement by the Commission relating to Regulation (EU) 2021/691 of the European Parliament and of the Council on the European Globalisation Adjustment Fund for Displaced Workers (EGF) and repealing Regulation (EU) No 1309/2013 | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 161 I/01

Statement by the Commission relating to Regulation (EU) 2021/691 of the European Parliament and of the Council on the European Globalisation Adjustment Fund for Displaced Workers (EGF) and repealing Regulation (EU) No 1309/2013

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2021/C 161 I/02 | Council Decision of 23 April 2021 adopting the Council’s position on draft amending budget No 2 of the European Union for the financial year 2021 | 2 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2021/C 161 I/02

Council Decision of 23 April 2021 adopting the Council’s position on draft amending budget No 2 of the European Union for the financial year 2021

2

---

| EN | |
| --- | --- |

EN
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT YAHYA ABDUSSAMADI, Petitioner-Appellant, v. No. 99-6225 BILLY VANDIFORD, Respondent-Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CA-98-96-5-BO) Submitted: July 27, 1999 Decided: August 11, 1999 Before HAMILTON, LUTTIG, and KING, Circuit Judges.

_________________________________________________________________ Vacated and remanded by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL Yahya Abdussamadi, Appellant Pro Se.

_________________________________________________________________ Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).

_________________________________________________________________OPINION PER CURIAM:Yahya Abdussamadi appeals from the district court's order granting summary judgment for the Respondent and denying relief on his28 U.S.C. § 2241 (1994) petition.* Prior to entry of summary judgment, the district court failed to provide Abdussamadi with notice that the Government's motion to dismiss was being construed as a motion for summary judgment, and an opportunity to respond to the summary judgment motion. See Fed. R. Civ. P. 12(b); Fayetteville Investors v. Commercial Builders, Inc. , 936 F.2d 1462, 1471-72 (4th Cir. 1991); Davis v. Zahradnick , 600 F.2d 458, 460 (4th Cir. 1979). This was error. The district court's omission of the notice required under Roseboro v. Garrison , 528 F.2d 309, 310 (4th Cir. 1975), also constituted error. Therefore, we vacate the judgment of the district courtand remand for issuance of the required notices and further proceedings. 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. VACATED AND REMANDED

_________________________________________________________________ *Although the United States was not listed on the district court docket sheet as a party, the United States responded to Abdussamadi's petitionin the district court. Further, Abdussamadi's suit is a challenge to a federal detainer. Therefore, we consider the United States as the real party in interest and accordingly find that A bdussamadi's notice of appeal was timely. See Fed. R. Civ. P. 15(b); Fed. R. App. P. 4(a)(1)(B). 2
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER>   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               DEC-31-1996
<CASH>                                             195
<SECURITIES>                                         0
<RECEIVABLES>                                    2,235
<ALLOWANCES>                                     (481)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 1,949
<PP&E>                                             281
<DEPRECIATION>                                   (220)
<TOTAL-ASSETS>                                   2,010
<CURRENT-LIABILITIES>                              927
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           587
<OTHER-SE>                                         496
<TOTAL-LIABILITY-AND-EQUITY>                     2,010
<SALES>                                            374
<TOTAL-REVENUES>                                   374
<CGS>                                                0
<TOTAL-COSTS>                                      165
<OTHER-EXPENSES>                                   392
<LOSS-PROVISION>                                     5
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (188)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (188)
<EPS-PRIMARY>                                   (0.16)
<EPS-DILUTED>                                   (0.16)
        

</TABLE>
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2312 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 2312

To make permanent the individual income tax rates for capital gains and 
                               dividends.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2007

    Mr. Cantor (for himself, Mr. Ryan of Wisconsin, Mr. English of 
 Pennsylvania, and Mr. Blunt) introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To make permanent the individual income tax rates for capital gains and 
                               dividends.

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

SECTION 1. INDIVIDUAL INCOME TAX RATES FOR CAPITAL GAINS AND DIVIDENDS 
              MADE PERMANENT.

    The Jobs and Growth Tax Relief Reconciliation Act of 2003 is 
amended by striking section 303.
                                 <all>
```
# Official Journal C 151/8 Ju

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 151 |
| | |
| English edition | Information and Notices | Volume 478 June 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 151

English edition

Information and Notices

Volume 478 June 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 151/1 | Euro exchange rates | 1 |

Notice No

Contents

page

I   Information

Commission

2004/C 151/1

Euro exchange rates

1

---

| EN | |
| --- | --- |

EN
I 

110TH CONGRESS 

1ST SESSION H. R. 2432 

To extend for 3 months transitional medical assistance (TMA) and the 

abstinence education program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2007 

Mr. DEAL of Georgia (for himself, Mr. BARTON of Texas, Mr. PITTS, Mr. 

UPTON, Mr. FERGUSON, Mrs. BLACKBURN, Mr. TERRY, Mr. LAMBORN, 

and Mr. CONAWAY) introduced the following bill; which was referred to 

the Committee on Energy and Commerce 

A BILL 

To extend for 3 months transitional medical assistance 

(TMA) and the abstinence education program, and for 

other purposes. 

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

3 SECTION 1. 3-MONTH EXTENSION OF TRANSITIONAL MED4 ICAL ASSISTANCE (TMA) AND THE ABSTI5 NENCE EDUCATION PROGRAM. 

6 Activities authorized by sections 510 and 1925 of the 

7 Social Security Act shall continue through September 30, 

8 2007, in the manner authorized for fiscal year 2006, not9 withstanding section 1902(e)(1)(A) of such Act, and out 

mstockstill on PROD1PC66 with BILLS

2 

•HR 2432 IH

1 of any money in the Treasury of the United States not 

2 otherwise appropriated, there are hereby appropriated 

3 such sums as may be necessary for such purpose. Grants 

4 and payments may be made pursuant to this authority 

5 through the fourth quarter of fiscal year 2007 at the level 

6 provided for such activities through the fourth quarter of 

7 fiscal year 2006. 

8 SEC. 2. REQUIREMENT FOR USE OF TAMPER-RESISTANT 

9 PRESCRIPTION PADS UNDER THE MEDICAID 

10 PROGRAM. 

11 (a) IN GENERAL.—Section 1903(i) of the Social Se12 curity Act (42 U.S.C. 1396b(i)) is amended— 

13 (1) by striking ‘‘or’’ at the end of paragraph 

14 (21); 

15 (2) by striking the period at the end of para16 graph (22) and inserting ‘‘; or’’; and 

17 (3) by inserting after paragraph (22) the fol18 lowing new paragraph: 

19 ‘‘(23) with respect to amounts expended for 

20 medical assistance for covered outpatient drugs (as 

21 defined in section 1927(k)(2)) for which the pre22 scription was executed in written (and non-elec23 tronic) form unless the prescription was executed on 

24 a tamper-resistant pad.’’. 

mstockstill on PROD1PC66 with BILLS

3 

•HR 2432 IH

1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply to prescriptions executed on or 

3 after October 1, 2007. 

Æ 

mstockstill on PROD1PC66 with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   10,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  10,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           100
<OTHER-SE>                                       9,900
<TOTAL-LIABILITY-AND-EQUITY>                    10,000
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
---

Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION
1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002

In connection with this Amendment No. 1 to the Quarterly Report
of Silverado Gold Mines Ltd. (the "Company") on Form 10-QSB for the quarterly
period ending February 29, 2008, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Garry L. Anselmo, Principal
Executive Officer of the Company, certify to the best of my knowledge, 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 and 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.

*/s/ Garry L.
Anselmo*Garry L. Anselmo, Principal Executive Officer

January 21, 2009

---
#### § 70.42 False statements.

###### Cross Reference

Link to an amendment published at 88 FR 10037, Feb. 16, 2023.

###### Cross Reference

This amendment was delayed until Feb. 16, 2025, at 88 FR 90120, Dec. 29, 2023.

A person who makes a false statement for the purpose of obtaining payments for beneficiary travel may be prosecuted under applicable laws, including 18 U.S.C. 1001.

(Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302)
[if !vml]>[endif]>

[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:****Ceramics ... programs andaccomplishments [microform].**
 
1998 | 2001 | 2002 | 2003 | 2004 | 2005
 
SuDoc Number:C 13.58:
Item Number:0247-D (online)
CGP systemNumber:000520436
 
January 28, 2020
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Exhibit 10(b)  


 
 

Consent of Independent Accountants    
    


        We hereby consent to the use in this Registration Statement on Form N-4 (File No. 333-107331) of our report dated
March 19, 2003, relating to the consolidated financial statements and financial statement schedules of Protective Life Insurance Company and subsidiaries, which appears in such Registration
Statement. We also consent to the use in this Registration Statement of our report dated March 17, 2003, relating to the financial statements of The Protective Variable Annuity Separate
Account, which appears in such Registration Statement. We also consent to the reference to us under the heading "Independent Accountants" in such Registration Statement. 


/s/
PricewaterhouseCoopers LLP 


PricewaterhouseCoopers
LLP

Birmingham, Alabama

November 26, 2003 









QuickLinks


Consent of Independent Accountants
## EXHIBIT 32.1

## Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the filing of the
Quarterly Report on Form 10-QSB for the period ended September 30, 2005 as filed with the
Securities and Exchange Commission (the Report) by FCCC, Inc. (the
Registrant), I, Bernard Zimmerman, President and Chief Executive Officer of
the Registrant, hereby certify 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 conditions and results of operations of Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | 
| | 
| | 

| | Name: Bernard Zimmerman                     
| | --------------------------------------------
| | Title: President and Chief Executive Officer

Dated: November 7, 2005

---