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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-6343

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TERRY DENNARD MCNEAIR,

Defendant - Appellant.

Appeal from the United States District Court for the Middle 

District of North Carolina, at Salisbury. James A. Beaty, Jr., 

Chief District Judge. (4:96-cr-00070-WO-2)

Submitted: July 28, 2011 Decided: August 2, 2011

Before SHEDD, AGEE, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Terry Dennard McNeair, Appellant Pro Se. Robert Michael 

Hamilton, Assistant United States Attorney, Greensboro, North 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Terry Dennard McNeair appeals the district court’s 

order denying his motion for reduction of sentence, 18 U.S.C. 

§ 3582 (2006). We have reviewed the record and find no 

reversible error. Accordingly, we affirm for the reasons stated 

by the district court. United States v. McNeair, No. 4:96-cr00070-WO-2 (M.D.N.C. Feb. 23, 2011). 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



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 amended annual report of RECOV Energy, Corp.. (the "Company") on Form 10-KSB/A for the period ended March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Richard J. Verdiramo, Chief Executive Officer 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 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 result of operations of the Company.







Date:  September 23, 2005

By: /s/ Richard J. Verdiramo

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

Richard J. Verdiramo, President, Chief Executive and Chief Financial Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service 

          - RIN 0596—AB67 

# AGENCY:

Forest Service, USDA. 

# ACTION:

Notice; extension of public comment period. 

# SUMMARY:

                        On March 3, 2000, in Part III, of the                         **Federal Register**                        , the Forest Service published a proposed administrative policy concerning the development, use, maintenance, and management of the national forest transportation system (65 FR 11684). A number of organizations have requested an extension of the public comment period. In considering these requests, the agency has determined that the public initially had difficulty obtaining a copy of the proposed policy and accompanying documents. Additionally, the agency has concluded that a limited extension will not impede adoption of the final policy. Therefore, the agency is extending the comment period for 15 calendar days. Because the proposed administrative policy was accompanied by a related proposed rule regarding the Forest Transportation System, the agency, by separate notice in today's                         **Federal Register**                        , also is extending the comment period on the proposed rule for 15 calendar days.                     

# DATES:

Comments must be received in writing by May 17, 2000. 

# ADDRESSES:

Send written comments to USDA, CAET, Attention: Roads, P.O. Box 221090, Salt Lake City, UT 84122. 

Send comments electronically to roads/wocaet_slc@fs.fed.us. 

All comments received, including names and addresses when provided, are placed in the record and are available for public inspection and copying at Forest Service, 201 14th Street SW., Washington, D.C. 20250. Persons wishing to inspect the comments are encouraged to call 202-205-1400 to facilitate building entrance. 

# FOR FURTHER INFORMATION CONTACT:

Heidi Valetkevitch, Office of Communication, 202-205-0914. 

Dated: April 24, 2000. 

James R. Furnish, 

Deputy Chief, National Forest System. 

[FR Doc. 00-10655 Filed 4-27-00; 8:45 am] 

BILLING CODE 3410-11-U
#### § 609.915 Compliance with Federal Reserve Board Regulations B, M, and Z.

The regulations in this part require fair practices and meaningful disclosures for certain lending and leasing activities. System institutions must comply with Federal Reserve Board Regulations B (Equal Credit Opportunity), M (Consumer Leasing), and Z (Truth in Lending) (12 CFR parts 202, 213, and 226).
§ 136.71 Applicability. ( a ) Except as provided in paragraph (b) of this section, this subpart prescribes operating rules for air tour flights conducted in airplanes, powered-lift, or rotorcraft under visual flight rules in the State of Hawaii pursuant to parts 91, 121, and 135 of this chapter.
( b ) This subpart does not apply to: ( 1 ) Operations conducted under part 121 of this chapter in airplanes with a passenger seating configuration of more than 30 seats or a payload capacity of more than 7,500 pounds.
( 2 ) Flights conducted in gliders or hot air balloons.
§ 101.35 Equipment and marking requirements. ( a ) No person may operate an unmanned free balloon unless— ( 1 ) It is equipped with at least two payload cut-down systems or devices that operate independently of each other;
( 2 ) At least two methods, systems, devices, or combinations thereof, that function independently of each other, are employed for terminating the flight of the balloon envelope; and
( 3 ) The balloon envelope is equipped with a radar reflective device(s) or material that will present an echo to surface radar operating in the 200 MHz to 2700 MHz frequency range. The operator shall activate the appropriate devices required by paragraphs (a) (1) and (2) of this section when weather conditions are less than those prescribed for operation under this subpart, or if a malfunction or any other reason makes the further operation hazardous to other air traffic or to persons and property on the surface.
( b ) No person may operate an unmanned free balloon below 60,000 feet standard pressure altitude between sunset and sunrise (as corrected to the altitude of operation) unless the balloon and its attachments and payload, whether or not they become separated during the operation, are equipped with lights that are visible for at least 5 miles and have a flash frequency of at least 40, and not more than 100, cycles per minute.
( c ) No person may operate an unmanned free balloon that is equipped with a trailing antenna that requires an impact force of more than 50 pounds to break it at any point, unless the antenna has colored pennants or streamers that are attached at not more than 50 foot intervals and that are visible for at least one mile.
( d ) No person may operate between sunrise and sunset an unmanned free balloon that is equipped with a suspension device (other than a highly conspicuously colored open parachute) more than 50 feet along, unless the suspension device is colored in alternate bands of high conspicuity colors or has colored pennants or streamers attached which are visible for at least one mile.
(Sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))
[Doc. No. 1457, 29 FR 47, Jan. 3, 1964, as amended by Amdt. 101-2, 32 FR 5254, Mar. 29, 1967; Amdt. 101-4, 39 FR 22252, June 21, 1974]
Order entered July 2 , 2014

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 13
- 00219
- CR ANDREW SCOTT LOTT, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 194th Judicial District Court

Dallas County, Texas Trial Court Cause No. F12
- 40454
- M



### O RDER
The Court GRANTS appellant’s June 22, 2014 motion to file an amended brief. We
ORDER the amended brief received on June 22, 2014 filed as of the date of this order.
We STRIKE the appellant’s brief filed on January 2, 2014.
Th e State shall file an amended brief responding to appellant’s amended brief within
THIRTY DAYS of the date of this order.
/s/ DAVID EVANS JUSTICE
Case:17-03283-LTS Doc#:24366 Filed:05/30/23 Entered:05/30/23 17:25:22 Desc: Main

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#### § 1253.605 Enforcement procedures.

The investigative, compliance, and enforcement procedural provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (“Title VI”) are hereby adopted and applied to these Title IX regulations. These procedures may be found at 14 CFR 1250.105 through 1250.110.

[65 FR 52877, Aug. 30, 2000]
§ 125.137 Oil valves. ( a ) Each oil valve must— ( 1 ) Comply with § 125.155;
( 2 ) Have positive stops or suitable index provisions in the “on” and “off” positions; and
( 3 ) Be supported so that loads resulting from its operation or from accelerated flight conditions are not transmitted to the lines attached to the valve.
( b ) The closing of an oil shutoff means must not prevent feathering the propeller, unless equivalent safety provisions are incorporated.
#### DAVID THREATT v. UNITED STATES

[77 C.Cls. 645; 290 U.S. 626]

Petition for writ of certiorari *denied*by Supreme Court October 9, 1933.
#### GORMLY AND BELL *v.*SKINNER’S EXECUTORS.

Removed executor — substitution—plea puis darrein — continuance—abatement—judgment •against administrators.

When an executor pending a suit, is removed by the probate court and a successor is appointed, the court will not substitute him as defendant; the statute does not reach the case.

The removal of the defendant, and appointment of an administrator de bonis non takes away the legal right to defend, and if ple&ded will abate the suit.

The judgment against executors and administrators can only be de bonis, etc.

*Card,*for the plaintiff,

moved to substitute the administrator de bonis non instead of the executor defendant: he showed that since the last term the defendant has been removed from being executor for malconduct, and an administi’ator de bonis appointed in his stead, who has qualified. He cited 29 O. *L.*235.

By the Court.

The practice act, (29 *O. L.*70) to prevent the abatement of suits, provides, that where either party dies pending suit, that his executor or administrator may be made defendant in his stead and the suit progress. No provision is found to meet a case like the one before us — the act cited by counsel only authorizes the new administration to sue the removed one for assets in his hands, etc. Wc see no good reason why the legislature should not provide for this class of cases to prevent abatement, but we have no power to supply the omission.

The motion is denied.

The defendant then pleaded his removal and the appointment of *681an administrator, &c. puis darrien continuance, which was demurred to and joined.

*J. H. Paine,*for the plaintiff.

*Card,*contra.

Br the Court. We have just decided that we were without power to substitute the administrator as defendant in place of the removed executor. In the case of a removed executor, he is required to deliver over to his successor the assets of the estate. The law provides that in suits against executors, &c. no judgment shall bo rendered against them, except de bonis testatoris: (29 O. *L. 353; 5 O. R.*88.) If the removed executor has delivered over the assets, he has no assets to reach: but his removal prevents him from representing the estate — even if he have assets,he has no legal authority to defend for the estate — his right is taken away from him by his removal. We think the plea a good one, and overrule the demurrer.

The plaintiff then became nonsuit,
**Exhibit
      32.2**











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 Innodata Isogen, Inc. (the “Company”) on
      Form 10-K for the year ended December 31, 2005 as filed with the Securities
      and
      Exchange Commission on the date hereof (the “Report”), I, Steven L. Ford,
      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 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/
                Steven L. FordSteven
                L. FordExecutive
                Vice PresidentChief
                Financial OfficerMarch
                29, 2006
§ 135.613 Approach/departure IFR transitions. ( a ) *Approaches.* When conducting an authorized instrument approach and transitioning from IFR to VFR flight, upon transitioning to VFR flight the following weather minimums apply— ( 1 ) For Point-in-Space (PinS) Copter Instrument approaches annotated with a “Proceed VFR” segment, if the distance from the missed approach point to the landing area is 1 NM or less, flight visibility must be at least 1 statute mile and the ceiling on the approach chart applies;
( 2 ) For all instrument approaches, including PinS when paragraph (a)(1) of this section does not apply, if the distance from the missed approach point to the landing area is 3 NM or less, the applicable VFR weather minimums are— ( i ) For Day Operations: No less than a 600-foot ceiling and 2 statute miles flight visibility;
( ii ) For Night Operations: No less than a 600-foot ceiling and 3 statute miles flight visibility; or
( 3 ) For all instrument approaches, including PinS, if the distance from the missed approach point to the landing area is greater than 3 NM, the VFR weather minimums required by the class of airspace.
( b ) *Departures.* For transitions from VFR to IFR upon departure— ( 1 ) The VFR weather minimums of paragraph (a) of this section apply if— ( i ) An FAA-approved obstacle departure procedure is followed; and
( ii ) An IFR clearance is obtained on or before reaching a predetermined location that is not more than 3 NM from the departure location.
( 2 ) If the departure does not meet the requirements of paragraph (b)(1) of this section, the VFR weather minimums required by the class of airspace apply.
#### § 366.17 What are the possible consequences for violating this part?

Depending on the circumstances, violations of this part may result in rescission or termination of a contract, as well as administrative, civil, or criminal sanctions.
§ 125.53 Flight locating requirements. ( a ) Each certificate holder must have procedures established for locating each flight for which an FAA flight plan is not filed that— ( 1 ) Provide the certificate holder with at least the information required to be included in a VFR flight plan;
( 2 ) Provide for timely notification of an FAA facility or search and rescue facility, if an airplane is overdue or missing; and
( 3 ) Provide the certificate holder with the location, date, and estimated time for reestablishing radio or telephone communications, if the flight will operate in an area where communications cannot be maintained.
( b ) Flight locating information shall be retained at the certificate holder's principal operations base, or at other places designated by the certificate holder in the flight locating procedures, until the completion of the flight.
( c ) Each certificate holder shall furnish the representative of the Administrator assigned to it with a copy of its flight locating procedures and any changes or additions, unless those procedures are included in a manual required under this part.
**Exhibit 32.2**

 

 **Certification of the Chief Financial Officer**

**Pursuant to 18 U.S.C. 1350**

**(Section 906 of the Sarbanes-Oxley Act of 2002)**

 

I, James R. Gordon, the Executive Vice President and Principal Financial Officer of The South Financial Group, Inc. (“TSFG”) certify that to the best of my knowledge, based upon a review of the quarterly report on Form 10-Q for the period ended September 30, 2007 of TSFG (the "Report"): 

 

(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 condition and results of operations of TSFG. 

 

/s/  James R. Gordon   

James R. Gordon 

Executive Vice President and Principal Financial Officer 

The South Financial Group, Inc.

November 8, 2007

 

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 The South Financial Group, Inc. and will be retained by The South Financial Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
§ 1253.450 Athletics. ( a ) *General.* No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person, or otherwise be discriminated against in any interscholastic, intercollegiate, club, or intramural athletics offered by a recipient, and no recipient shall provide any such athletics separately on such basis.
( b ) *Separate teams.* Notwithstanding the requirements of paragraph (a) of this section, a recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a recipient operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try out for the team offered unless the sport involved is a contact sport. For the purposes of these Title IX regulations, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.
( c ) *Equal opportunity.* ( 1 ) A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics shall provide equal athletic opportunity for members of both sexes. In determining whether equal opportunities are available, the designated agency official will consider, among other factors: ( i ) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes;
( ii ) The provision of equipment and supplies;
( iii ) Scheduling of games and practice time;
( iv ) Travel and per diem allowance;
( v ) Opportunity to receive coaching and academic tutoring;
( vi ) Assignment and compensation of coaches and tutors;
( vii ) Provision of locker rooms, practice, and competitive facilities;
( viii ) Provision of medical and training facilities and services;
( ix ) Provision of housing and dining facilities and services;
( x ) Publicity.
( 2 ) For purposes of paragraph (c)(1) of this section, unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if a recipient operates or sponsors separate teams will not constitute noncompliance with this section, but the designated agency official may consider the failure to provide necessary funds for teams for one sex in assessing equality of opportunity for members of each sex.
( d ) *Adjustment period.* A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics at the elementary school level shall comply fully with this section as expeditiously as possible but in no event later than one year from September 29, 2000. A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics at the secondary or postsecondary school level shall comply fully with this section as expeditiously as possible but in no event later than three years from September 29, 2000.
#### § 120.101 Scope.

This subpart contains the standards and components that must be included in a drug testing program required by this part.
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<CASH>                                          38,004
<SECURITIES>                                23,096,962
<RECEIVABLES>                                  383,060
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</TABLE>
Case:17-03283-LTS Doc#:24330-7 Filed:05/25/23 Entered:05/25/23 15:46:12 Desc:

Exhibit EXHIBIT 7 - CHECK #09609 Page 1 of 1