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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-4583

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SCOTT C. HOLLINS, a/k/a Scott Gaylon,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Charleston. David C. Norton, District Judge.

(2:06-cr-00428-DCN)

Submitted: March 27, 2008 Decided: April 1, 2008

Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed in part; dismissed in part by unpublished per curiam

opinion.

H. Stanley Feldman, Charleston, South Carolina, for Appellant.

Reginald I. Lloyd, United States Attorney, Robert H. Bickerton,

Assistant United States Attorney, Charleston, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.
*Hollins’ plea agreement contained an express waiver of his

“right to contest either the conviction(s) or the sentence(s) in

any direct appeal or other post-conviction action, . . ..”

- 2 -

PER CURIAM:

Scott C. Hollins pled guilty pursuant to a written plea

agreement to one count of conspiracy to possess with intent to

distribute 5 kilograms or more of cocaine, in violation of 21

U.S.C. § 846 (2000) (Count 1), and one count of attempting to

possess with intent to distribute 500 grams or more of cocaine, in

violation of 21 U.S.C. § 846 (2000) (Count 3). The district court

sentenced Hollins to concurrent terms of imprisonment of 188 months

on Counts 1 and 3, an eight-year term of supervised release, and

ordered payment of a statutory assessment of $200. Hollins appeals

his sentence, asserting error in the district court’s calculation

of his offense level used in the determination of his sentence.

The Government claims Hollins waived his right to appeal his

conviction and sentence.* 

A defendant may waive the right to appeal if that waiver

is knowing and intelligent. United States v. Blick, 408 F.3d 162,

169 (4th Cir. 2005). Generally, if the district court fully

questions a defendant regarding the waiver of his right to appeal

during the Fed. R. Crim. P. 11 colloquy, the waiver is both valid

and enforceable. United States v. Johnson, 410 F.3d 137, 151 (4th

Cir. 2005); United States v. Wessells, 936 F.2d 165, 167-68 (4th

Cir. 1991). The question of whether a defendant validly waived his
- 3 -

right to appeal is a question of law that we review de novo.

Blick, 408 F.3d at 168. The record reveals, and Hollins does not

contest, that he knowingly and voluntarily waived the right to

appeal his conviction and sentence. Moreover, the sentencing issue

Hollins attempts to raise on appeal falls within the scope of the

waiver. 

Accordingly, we affirm Hollins’ conviction and dismiss

the appeal of his sentence. 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 IN PART;

DISMISSED IN PART
§ 125.315 Admission to flight deck. ( a ) No person may admit any person to the flight deck of an airplane unless the person being admitted is— ( 1 ) A crewmember;
( 2 ) An FAA inspector or an authorized representative of the National Transportation Safety Board who is performing official duties; or
( 3 ) Any person who has the permission of the pilot in command.
( b ) No person may admit any person to the flight deck unless there is a seat available for the use of that person in the passenger compartment, except— ( 1 ) An FAA inspector or an authorized representative of the Administrator or National Transportation Safety Board who is checking or observing flight operations; or
( 2 ) A certificated airman employed by the certificate holder whose duties require an airman certificate.
[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Notices]
[Page 24484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10355]


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

FEDERAL COMMUNICATIONS COMMISSION

[DA 00-895]


700 MHz Guard Band Pre-Auction Seminar Thursday, April 27, 2000

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

SUMMARY: This document announces a free pre-auction seminar scheduled 
for Thursday, April 27, 2000. This seminar will provide information 
about pre-auction procedures, service and auction rules, conduct of the 
auction, and the FCC remote bidding software.

DATES: April 27, 2000.

FOR FURTHER INFORMATION CONTACT: Kathy Garland of the Auctions 
Operations Branch at (717) 338-2888, or for Press Inquiries, Meribeth 
McCarrick at (202) 418-0654.

SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice 
released April 20, 2000. The complete text of the public notice, 
including the registration form, is available for inspection and 
copying during normal business hours in the FCC Reference Center (Room 
CY-A257), 445 12th Street, SW, Washington, DC. It may also be purchased 
from the Commission's copy contractor, International Transcription 
Services, Inc. (ITS, Inc.) 1231 20th Street, NW, Washington, D.C. 
20036, (202) 857-3800. It is also available on the Commission's web 
site at http://www.fcc.gov.
    1. The free seminar for the 700 MHz Guard Band Auction (Auction No. 
33) is scheduled for Thursday, April 27, 2000. Interested parties must 
pre-register using the attached form or by calling the FCC's Auctions 
Hotline at (888)-225-5322, and select option #2, or (717) 338-2888.
    2. The seminar will be held at the Federal Communications 
Commission, 445 12th Street SW, Washington, D.C. Registration will 
begin at 8:30 a.m. and the program will end by 4 p.m. Potential bidders 
in the auction are strongly encouraged to attend. This seminar provides 
an opportunity for hands-on demonstrations of the FCC filing and 
bidding software and access to the FCC staff responsible for the 700 
MHz band licensing and auction conduct procedures.
    It is strongly advised that all potential bidders review the public 
notices released for this auction prior to the seminar.
    3. The following is a timeline of the important events prior to the 
auction start date:

Deadline to register for Pre-Auction Seminar: April 25, 2000, 5:30 p.m. 
ET
Seminar Date: April 27, 2000
FCC Form 175 Application Deadline: May 9, 2000, 6:00 p.m. ET
Upfront Payment Deadline: May 26, 2000, 6:00 p.m. ET
Orders for Remote Bidding Software: May 30, 2000, 6:00 p.m. ET
Mock Auction: June 12, 2000
Auction Start Date: June 14, 2000

Federal Communications Commission.
Louis J. Sigalos,
Deputy Chief, Auctions and Industry Division.
[FR Doc. 00-10355 Filed 4-25-00; 8:45 am]
BILLING CODE 6712-01-P
§ 1212.402 Disclosure to third parties of disputed records. ( a ) The system manager shall promptly provide persons or agencies to whom the disputed portion of a record was previously disclosed and for which an accounting of the disclosure exists under the requirements of § 1212.203 of this part, with a copy of the statement of dispute and addendum, along with a statement referencing the prior disclosure. The subject individual shall be notified as to those individuals or agencies which are provided with the statement of dispute and addendum.
( b ) Any subsequent disclosure of a disputed record shall clearly note the portion of the record which is disputed and shall be accompanied by a copy of the statement of dispute and addendum.
<PAGE>

                                                                   EXHIBIT 32.2

                           SECTION 1350 CERTIFICATION

I, Juliet M. Reising, Executive Vice President and Chief Financial Officer of
Verso Technologies, Inc. (the "Company"), do hereby certify in accordance with
18 U.S.C.ss.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that, to my knowledge:

1.       The Quarterly Report on Form 10-Q of the Company for the period ended
         September 30, 2003 (the "Periodic Report") fully complies with the
         requirements of section 13(a) or 15(d) of the Securities Exchange Act
         of 1934 (15 U.S.C.ss.ss.78m or 78o(d)); and

2.       The information contained in the Periodic Report fairly presents, in
         all material respects, the financial condition and results of
         operations of the Company.

Dated: November 13, 2003




                                                    /s/ Juliet M. Reising
                                                    ----------------------------
                                                    Juliet M. Reising
                                                    Executive Vice President and
                                                    Chief Financial Officer

                                      44
#### § 1221.106 Establishment of the NASA Flag.

The NASA Flags for interior and exterior use were created by the NASA Administrator in January 1960. Complete design, size, and color of the NASA interior and exterior flags for manufacturing purposes are detailed in U.S. Army QMG Drawing 5-1-269, revision September 14, 1960. The NASA Flags shall be used as set forth in [§ 1221.113](/on/2024-09-19/title-14/section-1221.113).

[![](https://img.federalregister.gov/EC09SE91.012/EC09SE91.012_large.png)](https://img.federalregister.gov/EC09SE91.012/EC09SE91.012_original_size.png)
§ 1264.118 Prehearing conferences. ( a ) The presiding officer may schedule prehearing conferences as appropriate.
( b ) Upon the motion of any party, the presiding officer shall schedule at least one prehearing conference at a reasonable time in advance of the hearing.
( c ) The presiding officer may use prehearing conferences to discuss the following: ( 1 ) Simplification of the issues;
( 2 ) The necessity or desirability of amendments to the pleadings, including the need for a more definite statement;
( 3 ) Stipulations and admissions of fact or as to the contents and authenticity of documents;
( 4 ) Whether the parties can agree to submission of the case on a stipulated record;
( 5 ) Whether a party chooses to waive appearance at an oral hearing and to submit only documentary evidence (subject to the objections of other parties) and written arguments;
( 6 ) Limitation of the number of witnesses;
( 7 ) Scheduling dates for the exchange of witness lists and of proposed exhibits;
( 8 ) Discovery;
( 9 ) The time and place for the hearing; and
( 10 ) Such other matters, including settlement, as may tend to expedite the fair and just disposition of the proceedings.
( d ) The presiding officer may issue an order containing all matters agreed upon by the parties or ordered by the presiding officer at a prehearing conference.
[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]
Exhibit
32.1





CERTIFICATION
PURSUANT TO


18
U.S.C. 1350





Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsection (a) and (b) of
Section 1350, Chapter 63 of Title 18, United States Code) each of the
undersigned officers of National Lampoon, Inc. (the “Company”) does hereby
certify, to such officer’s knowledge, that:





(a)           The
Quarterly Report on Form 10-Q for the period ended April 30, 2009 of the Company
fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934;  and





(b)           Information
contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company.








Dated:  October
1, 2009








/s/ Timothy
Durham


Timothy
Durham, Chief Executive Officer and President











/s/ Rick
Snow


Rick
Snow,  Interim Chief Financial Officer
# Official Journal L 302/17 N

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 302 |
| | |
| English edition | Legislation | Volume 6017 November 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 302

English edition

Legislation

Volume 6017 November 2017

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) 2017/2092 of the European Parliament and of the Council of 15 November 2017 amending Regulation (EU) No 1380/2013 on the common fisheries policy | 1 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) 2017/2092 of the European Parliament and of the Council of 15 November 2017 amending Regulation (EU) No 1380/2013 on the common fisheries policy

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
COURT OF APPEALS OF VIRGINIA 

Present: Judge Beales, Senior Judge Fitzpatrick and Retired Judge Hodges*

S.E. SMITH, INC. AND 

 SOUTHERN PILOT INSURANCE COMPANY 

 MEMORANDUM OPINION**

v. Record No. 0091-08-4 PER CURIAM 

MAY 13, 2008 

BERNARD STATEN, 

 S.E. SMITH, INC. AND 

 WEST AMERICAN INSURANCE COMPANY 

 FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION 

 (Joseph C. Veith, III; Trichilo, Bancroft, McGavin, Horvath & 

Judkins, P.C., on brief), for appellants. 

 (Andrew S. Kasmer, on brief), for appellee Bernard Staten. 

 (Daniel E. Lynch; John T. Cornett; Williams & Lynch, on brief), for 

appellees S.E. Smith, Inc. and West American Insurance 

Company. 

 S.E. Smith, Inc. and Southern Pilot Insurance Company appeal a decision of the 

Workers’ Compensation Commission finding that Bernard Staten proved he (1) sustained a new 

injury by accident arising out of and in the course of his employment on November 18, 2005; 

(2) his ongoing disability is causally related to his November 18, 2005 compensable injury by 

accident; and (3) he made a reasonable effort to market his residual work capacity. We have 

reviewed the record and the commission’s opinion and find that this appeal is without merit. 

Accordingly, we affirm for the reasons stated by the commission in its final opinion. See Staten 

 *

 Retired Judge William H. Hodges took part in the consideration of this case by 

designation pursuant to Code § 17.1-400(C). 

** Pursuant to Code § 17.1-413, this opinion is not designated for publication. 
 - 2- 

v. S.E. Smith, Inc., VWC File Nos. 219-31-44 and 226-88-52 (Dec. 11, 2007). We dispense with 

oral argument and summarily affirm because the facts and legal contentions are adequately 

presented in the materials before the Court and argument would not aid the decisional process. 

See Code § 17.1-403; Rule 5A:27. 

Affirmed.
§ 121.527 Fatigue risk management system. ( a ) No certificate holder may exceed any provision of this subpart unless approved by the FAA under a Fatigue Risk Management System.
( b ) The Fatigue Risk Management System must include: ( 1 ) A fatigue risk management policy.
( 2 ) An education and awareness training program.
( 3 ) A fatigue reporting system.
( 4 ) A system for monitoring flightcrew fatigue.
( 5 ) An incident reporting process.
( 6 ) A performance evaluation.
[Doc. No. FAA-2009-1093, 77 FR 403, Jan. 4, 2012]
Exhibit 32.1

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

Inconnection with the quarterly report of Zaxis International Inc. (the “Company”)on Form 10-QSB for the period ended September 30, 2006 (the “Report”), as filedwith the Securities and Exchange Commission on the date hereof, I, Ivo Heiden, Presidentand Chief Financial 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:

1. TheReport fully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

2. Theinformation contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

/s/ Ivo Heiden

Ivo HeidenPresident and Chief Financial OfficerDated: November 13, 2006

A signed original of this writtenstatement required by Section 906 has been provided to Zaxis International Inc. and willbe retained by the Company and furnished to the Securities and Exchange Commission or itsstaff upon request.
§ 1264.131 Location of hearing. ( a ) The hearing may be held— ( 1 ) In any judicial district of the United States in which the defendant resides or transacts business;
( 2 ) In any judicial district of the United States in which the claim or statement in issue was made; or
( 3 ) In such other place as may be agreed upon by the defendant and the presiding officer.
( b ) Each party shall have the opportunity to present argument with respect to the location of the hearing.
( c ) The hearing shall be held at the place and at the time ordered by the presiding officer.
§ 121.615 Dispatch or flight release over water: Flag and supplemental operations. ( a ) No person may dispatch or release an aircraft for a flight that involves extended overwater operation unless appropriate weather reports or forecasts or any combination thereof, indicate that the weather conditions will be at or above the authorized minimums at the estimated time of arrival at any airport to which dispatched or released or to any required alternate airport.
( b ) Each certificate holder conducting a flag or supplemental operation or a domestic operation within the State of Alaska shall conduct extended overwater operations under IFR unless it shows that operating under IFR is not necessary for safety.
( c ) Each certificate holder conducting a flag or supplemental operation or a domestic operation within the State of Alaska shall conduct other overwater operations under IFR if the Administrator determines that operation under IFR is necessary for safety.
( d ) Each authorization to conduct extended overwater operations under VFR and each requirement to conduct other overwater operations under IFR will be specified in the certificate holder's operations specifications.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 32 FR 13912, Oct. 6, 1967; Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]
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###### Editorial Note on Part 741

#### Editorial Note:

Nomenclature changes to part 741 appear at 84 FR 1608, Feb. 5, 2019.

#### § 741.10 Disclosure of share insurance.

Any credit union which is insured pursuant to title II of the Act and is permitted by state law to accept nonmember shares or deposits from sources other than other credit unions and public units (or, for low-income designated credit unions, any nonmembers), shall identify such nonmember accounts as nonmember shares or deposits on any statement or report required by the NCUA Board for insurance purposes. Immediately after a state-chartered credit union receives notice from NCUA that its member accounts are federally insured, the credit union shall advise any present nonmember share and deposit holders by letter that their accounts are not insured by the NCUSIF. Also, future nonmember share and deposit fund holders will be so advised by letter as they open accounts.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               JUN-30-1998
<CASH>                                           2,683
<SECURITIES>                                         0
<RECEIVABLES>                                   68,656
<ALLOWANCES>                                         0
<INVENTORY>                                    226,141
<CURRENT-ASSETS>                               307,846
<PP&E>                                         303,729
<DEPRECIATION>                                  88,428
<TOTAL-ASSETS>                                 548,008
<CURRENT-LIABILITIES>                           50,171
<BONDS>                                        222,557
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        90,772
<OTHER-SE>                                     163,211
<TOTAL-LIABILITY-AND-EQUITY>                   548,008
<SALES>                                        325,159
<TOTAL-REVENUES>                               325,159
<CGS>                                          175,690
<TOTAL-COSTS>                                  175,690
<OTHER-EXPENSES>                                90,043
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,298
<INCOME-PRETAX>                                 47,569
<INCOME-TAX>                                    18,554
<INCOME-CONTINUING>                             29,015
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    29,015
<EPS-PRIMARY>                                     1.90<F1>
<EPS-DILUTED>                                     1.83<F2>
<FN>
<F1>REPRESENTS BASIC EPS, CALCULATED IN ACCORDANCE WITH SFAS NO. 128.
<F2>REPRESENTS DILUTED EPS, CALCULATED IN ACCORDANCE WITH SFAS NO. 128.
</FN>
        

</TABLE>
Editorial Note on Part 1251
Editorial Note: Nomenclature changes to part 1251 appear at 81 FR 3709, Jan. 22, 2016.

§ 1251.201 Reasonable accommodation. ( a ) A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with disabilities unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program or activity.
( b ) Reasonable accommodation may include: ( 1 ) Making facilities used by employees readily accessible to and usable by individuals with disabilities; and
( 2 ) Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar actions.
( c ) In determining pursuant to paragraph (a) of this section whether an accommodation would impose an undue hardship on the operation of a recipient's programor activity, factors to be considered include: ( 1 ) The overall size of the recipient's program or activity with respect to number of employees, number and type of facilities, and size of budget;
( 2 ) The type of the recipient's operation, including the composition and structure of the recipient's workforce; and
( 3 ) The nature and cost of the accommodation needed.
( d ) A recipient may not deny any employment opportunity to a qualified applicant or employee with a disability if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant.
[51 FR 26862, July 28, 1986, as amended at 68 FR 51351, Aug. 26, 2003]