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



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 Quarterly Report of SpectraSite, Inc. (the
Company) on Form 10-Q for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, David
P. Tomick, as Chief Financial Officer of the Company, certify, pursuant to and
for the purposes of 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 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.

|                   |  |                                          
|------------------ |  | -----------------------------------------
|September 15, 2003 |  | /s/ DAVID P. TOMICK                      
|                   |  |                                          
|                   |  | David P. Tomick                          
|                   |  | Executive Vice President, Chief Financial
|                   |  | Officer and Assistant Secretary
[Federal Register Volume 65, Number 12 (Wednesday, January 19, 2000)]
[Notices]
[Pages 2971-2972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1138]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of 
the National Advisory Council on Aging.
    The meeting will be open to the public as indicated below, with 
attendance limited to space available. Individuals who plan to attend 
and need special assistance, such as sign language interpretation or 
other reasonable accommodations, should notify the Contact Person 
listed below in advance of the meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and/or contract proposals 
and the discussions could disclose confidential trade secrets or 
commercial property such as patentable material, and personal 
information concerning individuals associated with the grant 
applications and/or contract proposals, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Council on Aging.
    Date: February 9, 2000.
    Open: 8 a.m. to 11 a.m.
    Agenda: Call to Order; Review of NIA's Minority Aging Programs 
Report; Working Group on Program; and Review of the Intramural 
Program--Laboratory of Neuroscience.

[[Page 2972]]

    Place: Natcher Building, Conference Room D, 45 Center Drive, 
Bethesda, MD 20892.
    Closed: 11 a.m. to 11:45 a.m.
    Agenda: To review and evaluate the Intrumural program.
    Place: Natcher Building, Conference Room D, 45 Center Drive, 
Bethesda, MD 20892.
    Open: 12:45 p.m. to 2:45 p.m.
    Agenda: Discussion of Peer Review Issues and Program Highlights
    Place: Natcher Building, Conference Room D, 45 Center Drive, 
Bethesda, MD 20892.
    Closed: 3 p.m. to Adjournment.
    Agenda: To review and evaluate applications.
    Place: Natcher Building, Conference Room D. 45 Center Drive, 
Bethesda, MD 20892
    Contact Person: Miriam F. Kelty, PHD, Director, Office of 
Extramural Affairs, National Institute on Aging, National Institutes 
of Health, 7201 Wisconsin Avenue, Suite 2C218, Bethesda, MD 20892, 
301-496-9322.

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging 
Research, National Institutes of Health, (HHS)

    Dated: January 11, 2000.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 00-1138 Filed 1-18-00; 8:45 am]
BILLING CODE 4140-01-M
[Federal Register Volume 65, Number 93 (Friday, May 12, 2000)]
[Notices]
[Page 30580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11926]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER00-1783-000, et al.]


Duke Energy Vermillion, LLC and Duke Energy Madison, LLC; Notice 
of Issuance of Order

May 8, 2000.
    Duke Energy Vermillion, LLC (Duke Vermillion) and Duke Energy 
Madison, LLC (Duke Madison) submitted for filing rate schedules under 
which Duke Vermillion and Duke Madison will engage in wholesale 
electric power and energy transactions as marketers. Duke Vermillion 
and Duke Madison also requested waiver of various Commission 
regulations. In particular, Duke Vermillion and Duke Madison requested 
the Commission grant blanket approval under 18 CFR part 34 of all 
future issuances of securities and assumptions of liability by Duke 
Vermillion or Duke Madison.
    On May 4, 2000, pursuant to delegated authority, the Director, 
Division of Corporate Applications, Office of Markets, Tariffs and 
Rates, granted requests for blanket approval under Part 34, subject to 
the following:
    Within thirty days of the date of the order, any person desiring to 
be heard or to protest the blanket approval of issuances of securities 
or assumptions of liability by Duke Vermillion or Duke Madison should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 385.214).
    Absent a request for hearing within this period, Duke Vermillion 
and Duke Madison are authorized to issue securities and assume 
obligations or liabilities as a guarantor, indorser, surety, or 
otherwise in respect of any security of another person; provided that 
such issuance or assumption is for some lawful object within the 
corporate purposes of the applicants, and compatible with the public 
interest, and is reasonably necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that 
neither public nor private interests will be adversely affected by 
continued approval of Duke Vermillion's or Duke Madison's issuances of 
securities or assumptions of liability.
    Notice is hereby given that the deadline for filing motions to 
intervene or protests, as set forth above, is June 5, 2000.
    Copies of the full text of the Order are available from the 
Commission's Public Reference Branch, 888 First Street, NE, Washington, 
DC 20426. The Order may also be viewed on the Internet at 
http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for 
assistance).

David P. Boergers,
Secretary.
[FR Doc. 00-11926 Filed 5-11-00; 8:45 am]
BILLING CODE 6717-01-M
§ 29.971 Fuel tank sump. ( a ) Each fuel tank must have a sump with a capacity of not less than the greater of— ( 1 ) 0.10 per cent of the tank capacity; or
( 2 ) 1 ⁄ 16 gallon.
( b ) The capacity prescribed in paragraph (a) of this section must be effective with the rotorcraft in any normal attitude, and must be located so that the sump contents cannot escape through the tank outlet opening.
( c ) Each fuel tank must allow drainage of hazardous quantities of water from each part of the tank to the sump with the rotorcraft in any ground attitude to be expected in service.
( d ) Each fuel tank sump must have a drain that allows complete drainage of the sump on the ground.
[Doc. No. 5084, 29 FR 16150, Dec. 3, 1964, as amended by Amdt. 29-12, 41 FR 55473, Dec. 20, 1976; Amdt. 29-26, 53 FR 34217, Sept. 2, 1988]
United States Court of Appeals

for the Fifth Circuit ____________

No. 22-50335

Summary Calendar

____________

Trevor Aaron Baugh, 

Petitioner—Appellant,

versus

Bobby Lumpkin, Director, Texas Department of Criminal Justice, 

Correctional Institutions Division, 

Respondent—Appellee.

______________________________

Appeal from the United States District Court 

for the Western District of Texas

USDC No. 7:21-CV-121

______________________________

Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam:*

Trevor Aaron Baugh, Texas prisoner # 02134262, appeals the denial 

of his 28 U.S.C. § 2254 application challenging his jury-trial conviction and 

sentence for robbery. He contends that the district court erred by denying 

_____________________

* 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: 22-50335 Document: 00516731214 Page: 1 Date Filed: 04/28/2023
No. 22-50335

2

on the merits his claim that his attorney rendered ineffective assistance 

during his plea hearing. 

As this court did not grant a certificate of appealability on Baugh’s 

claim that his due process rights were violated by Texas habeas laws and 

procedures, we lack jurisdiction to consider it. See United States v. Alaniz, 

5 F.4th 632, 635 (5th Cir. 2021). We need not decide whether the Texas 

Court of Criminal Appeals denied Baugh’s state habeas claim on the merits 

such that 28 U.S.C. § 2254(d) applies because Baugh’s claim fails even under 

de novo review. See Ward v. Stephens, 777 F.3d 250, 256 (5th Cir. 2015). 

Contrary to Baugh’s contention, he is required to show both that 

counsel performed deficiently and that Baugh was prejudiced by that 

deficient performance. See Strickland v. Washington, 466 U.S. 668, 689-94 

(1984); Beets v. Scott, 65 F.3d 1258, 1265-72 & n.8 (5th Cir. 1995) (en banc)

(holding that presumption of prejudice under Cuyler v. Sullivan, 446 U.S. 

335, 348 (1980), applies only to cases involving counsel’s representation of 

multiple clients with adverse interests). Since the plea-hearing transcript 

reasonably may be understood to indicate that Baugh maintained that he was 

innocent of committing robbery, his attorney did not perform deficiently by 

failing to advocate more forcefully for the acceptance of the plea offer at 

issue. See Lafler v. Cooper, 566 U.S. 156, 162-63 (2012). Nor does Baugh’s 

trial testimony establish prejudice by showing that he would have been willing 

to plead guilty to robbery under the plea offer; at trial, he admitted only to 

having committed acts sufficient to support a conviction for theft, not 

robbery. See id. at 163; Howard v. State, 333 S.W. 3d 137, 138 (Tex. Crim. 

App. 2011) (holding that, to commit robbery, defendant must be “aware that 

his conduct is reasonably certain to place someone in fear” of imminent 

bodily harm).

AFFIRMED.

Case: 22-50335 Document: 00516731214 Page: 2 Date Filed: 04/28/2023
EXHIBIT 32.2





CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,


AS ADOPTED PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2002








In connection with the Quarterly Report of M Line Holdings, Inc. (the “Company”) on Form 10-Q for the quarter ended March 31, 2010, as filed with the Securities and Exchange Commission on or about the date hereof (the “Report”), I, Jitu Banker, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:





(1)           The Report fully complies with the requirements of Sections 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(2)           Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








Dated:  May 21, 2010
/s/ Jitu BankerBy:  Jitu BankerIts:  Chief Financial Officer








A signed original of this written statement required by Section 906 has been provided to M Line Holdings, Inc. and will be retained by M Line Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
* Pursuant to 5 TH 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 5 TH CIR. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-50490 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. FLORENTINO NAJERA-DIAZ Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-2231-ALL Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges. PER CURIAM: * Appealing the Judgment in a Criminal Case, Florentino Najera-Diaz raises arguments that are foreclosed by Al mendarez-Torres v. United States, 523 U.S. 224, 235 (1998), whic h held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. U nited States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug. United States Court of Appeals

Fifth Circuit 

### F I L E D December 5, 2007 Charles R. Fulbruge III ClerkNo. 07-50490

2 28, 2007) (No. 07-6202). The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
[Federal Register Volume 65, Number 91 (Wednesday, May 10, 2000)]
[Notices]
[Page 30180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11701]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 3307]


Culturally Significant Objects Imported for Exhibition 
Determinations: ``Painting on Light: Drawings and Stained Glass in the 
Age of Durer and Holbein''

DEPARTMENT: United States Department of State.

ACTION: Notice.

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

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985, 22 U.S.C. 2459), the Foreign Affairs Reform and 
Restructuring Act of 1998 (112 Stat. 2681, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236 of October 19, 1999, as amended, I hereby determine that the 
objects to be included in the exhibition ``Painting on Light: Drawings 
and Stained Glass in the Age of Durer and Holbein,'' imported from 
abroad for the temporary exhibition without profit within the United 
States, are of cultural significance. These objects are imported 
pursuant to loan agreements with foreign lenders. I also determine that 
the exhibition or display of the exhibit objects at the J. Paul Getty 
Museum in Los Angeles, CA, from July 11, 2000 through September 24, 
2000, and at the St. Louis Museum of Art in St. Louis, MO from November 
4, 2000 through January 7, 2001 is in the national interest. Public 
Notice of these Determinations is ordered to be published in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of exhibit objects, contact Jacqueline Caldwell, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202/
619-6982). The address is U.S. Department of State, SA-44, 301 4th 
Street, SW., Room 700, Washington, DC 20547-0001.

    Dated: May 4, 2000.
William B. Bader,
Assistant Secretary for Educational and Cultural Affairs, United States 
Department of State.
[FR Doc. 00-11701 Filed 5-9-00; 8:45 am]
BILLING CODE 4710-08-P
II 

116TH CONGRESS 

2D SESSION S. 4549 

To give Federal courts additional discretion to determine whether pretrial 

detention is appropriate for defendants charged with nonviolent drug 

offenses in Federal criminal cases. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2020 

Mr. DURBIN (for himself, Mr. LEE, and Mr. COONS) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To give Federal courts additional discretion to determine 

whether pretrial detention is appropriate for defendants 

charged with nonviolent drug offenses in Federal criminal cases. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Smarter Pretrial De5 tention for Drug Charges Act of 2020’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4549 IS

1 SEC. 2. RELEASE CONDITIONS AND DETENTION IN FED2 ERAL CRIMINAL CASES. 

3 Section 3142 of title 18, United States Code, is 

4 amended— 

5 (1) by striking ‘‘(42 U.S.C. 14135a)’’ each 

6 place it appears and inserting ‘‘(34 U.S.C. 40702)’’; 

7 and 

8 (2) in subsection (e)(3)— 

9 (A) by striking subparagraph (A); and 

10 (B) by redesignating subparagraphs (B), 

11 (C), (D), and (E) as subparagraphs (A), (B), 

12 (C), and (D), respectively. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 24-0170

STATE OF MONTANA, 

Plaintiff and Appellee, 

vs. 

KRISTOFFER CHARLES CARLIN,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including November 20, 2024, within which to prepare, 

file, and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

October 3 2024

10/03/2024

Case Number: DA 24-0170
§ 27.863 Flammable fluid fire protection. ( a ) In each area where flammable fluids or vapors might escape by leakage of a fluid system, there must be means to minimize the probability of ignition of the fluids and vapors, and the resultant hazards if ignition does occur.
( b ) Compliance with paragraph (a) of this section must be shown by analysis or tests, and the following factors must be considered: ( 1 ) Possible sources and paths of fluid leakage, and means of detecting leakage.
( 2 ) Flammability characteristics of fluids, including effects of any combustible or absorbing materials.
( 3 ) Possible ignition sources, including electrical faults, overheating of equipment, and malfunctioning of protective devices.
( 4 ) Means available for controlling or extinguishing a fire, such as stopping flow of fluids, shutting down equipment, fireproof containment, or use of extinguishing agents.
( 5 ) Ability of rotorcraft components that are critical to safety of flight to withstand fire and heat.
( c ) If action by the flight crew is required to prevent or counteract a fluid fire (e.g. equipment shutdown or actuation of a fire extinguisher) quick acting means must be provided to alert the crew.
( d ) Each area where flammable fluids or vapors might escape by leakage of a fluid system must be identified and defined.
(Secs. 313(a), 601, 603, 604, Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, 1423, 1424), sec. 6(c), Dept. of Transportation Act (49 U.S.C. 1655(c)))
[Amdt. 27-16, 43 FR 50599, Oct. 30, 1978]
§ 31.81 General. ( a ) The following information must be established: ( 1 ) Each operating limitation, including the maximum weight determined under § 31.14.
( 2 ) The normal and emergency procedures.
( 3 ) Other information necessary for safe operation, including— ( i ) The empty weight determined under § 31.16;
( ii ) The rate of climb determined under § 31.17, and the procedures and conditions used to determine performance;
( iii ) The maximum vertical velocity, the altitude drop required to attain that velocity, and altitude drop required to recover from a descent at that velocity, determined under § 31.19, and the procedures and conditions used to determine performance; and
( iv ) Pertinent information peculiar to the balloon's operating characteristics.
( b ) The information established in compliance with paragraph (a) of this section must be furnished by means of— ( 1 ) A Balloon Flight Manual; or
( 2 ) A placard on the balloon that is clearly visible to the pilot.
[Amdt. 31-4, 45 FR 60180, Sept. 11, 1980]
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

YOUNGSOO S. LEE,

 Plaintiff - Appellant,

 v.

BAC HOME LOANS SERVICING, LP; et

al.,

 Defendants - Appellees.

No. 12-56102

D.C. No. 2:11-cv-05136-R-AGR

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Manuel L. Real, District Judge, Presiding

Submitted June 25, 2014** 

Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges. 

Youngsoo S. Lee appeals pro se from the district court’s order dismissing his

action arising from foreclosure proceedings. We have jurisdiction under 28

U.S.C. § 1291. We review for an abuse of discretion the denial of a motion brought

FILED

JUL 7 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
under Fed. R. Civ. P. 60(b). Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS,

Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We affirm.

The district court did not abuse its discretion by denying Lee’s Fed. R. Civ.

P. 60(b) motion predicated on newly discovered evidence because Lee failed to

establish grounds for such relief. See id. at 1263 (setting forth grounds for

reconsideration under Fed. R. Civ. P. 60(b)).

Lee’s contentions regarding the Securities Act of 1933 are unpersuasive.

AFFIRMED.

2 12-56102
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-21-00217-CV

BRIAN NORTHCUTT, M.D., Appellant

V.

RONNIE C. STEPHENS AND RICKY 

STEPHENS, Appellees

§

§

§

§

On Appeal from the 90th District Court

of Young County (34179)

January 6, 2022

Memorandum Opinion by Justice Wallach

JUDGMENT

This court has considered the record on appeal in this case and holds that there 

was error in the trial court’s order. It is ordered that the order of the trial court is 

reversed and the case is remanded to the trial court for further proceedings consistent 

with this opinion.

It is further ordered that Appellees Ronnie C. Stephens and Ricky Stephens 

shall pay all of the costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS

By _/s/ Mike Wallach___________________

 Justice Mike Wallach
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 Annual Report of Atlantica, Inc. (the "Company")
on Form 10-KSB for the period ending December 31, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), We,
Thomas J. Howells, President and Travis T. Jenson, Secretary 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) 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: 6/24/2005                          /s/Thomas J. Howells
     ----------                          ---------------------
                                         Thomas J. Howells
                                         President and director


Date: 6/24/2005                          /s/Travis T. Jenson
     ----------                          ---------------------
                                         Travis T. Jenson
                                         Secretary and
                                         director