alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.2

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

       In connection with the Quarterly Report of Twin Faces East EntertainmentCorporation (the "Company") on Form 10-QSB for the period endedSeptember 30, 2003, as filed with the Securities and Exchange Commission on thedate hereof (the "Report"), I, Stanley L. Teeple, Secretary/Treasurer and ChiefFinancial 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:

> -  The      Report fully complies with the requirements of Section 13(a) or 15(d) of      the Securities Exchange Act of 1934; andThe      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      Company.
 

 

                                                                                                           /S/Stanley L. Teeple

                                                                                                           Stanley L. Teeple

                                                                                                           Secretary/Treasurer and 

                                                                                                           Chief Financial Officer

                                                                                                           November 6, 2003
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 107 Agreed to Senate (ATS)]

110th CONGRESS
  2d Session
S. CON. RES. 107

  Expressing the sense of Congress regarding the rights of Members of 
 Congress (or any employee of a Member of Congress authorized by that 
      Member) to lead tours of the United States Capitol complex.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            December 11 (legislative day, December 10), 2008

   Mr. Burr (for himself, Mr. Nelson of Nebraska, Mr. Martinez, Mr. 
 Harkin, Mr. Thune, Mr. Nelson of Florida, Mr. Bunning, Mr. Hatch, Mr. 
 Inhofe, and Mr. Enzi) submitted the following concurrent resolution; 
                   which was considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Expressing the sense of Congress regarding the rights of Members of 
 Congress (or any employee of a Member of Congress authorized by that 
      Member) to lead tours of the United States Capitol complex.

    Resolved by the Senate (the House of Representatives concurring), 
That it is the sense of Congress that--
            (1) Members of Congress (or any employee of a Member of 
        Congress authorized by that Member) should not be prohibited, 
        with or without prior notice to the Architect of the Capitol, 
        the Chief Executive Officer for Visitor Services, or the 
        Capitol Guide Service, from taking guests or visitors into the 
        publicly accessible areas of the United States Capitol complex 
        during normal business hours;
            (2) nothing in this resolution shall be construed to affect 
        the authority granted to employees of Members of Congress by 
        the respective Members relating to the movement of such 
        employees through the United States Capitol complex;
            (3) at the direction of the Capitol Police Board or the 
        fire marshal, the taking of guests or visitors into the 
        publicly accessible areas of the United States Capitol complex 
        by a Member of Congress (or any employee of a Member of 
        Congress authorized by that Member) should be temporarily 
        suspended or otherwise subject to restriction for safety or 
        security reasons to the same extent as guided tours of the 
        United States Capitol complex which are led by the Architect of 
        the Capitol or the Capitol Guide Service; and
            (4) nothing in this resolution shall be interpreted to 
        contradict the Congressional staff-led tour policy that ensures 
        that tours of the Capitol are conducted by staff members who 
        have undergone mandatory life safety and historical accuracy 
        training.
                                 <all>
```
* 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.

United States Court of Appeals

Fifth Circuit

FILED

April 7, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-40245

Summary Calendar

 

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

DAVID GARCIA-JUAREZ

Defendant - Appellant

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-02-CR-1138-ALL

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

Before KING, Chief Judge, and HIGGINBOTHAM and WIENER, Circuit

Judges.

PER CURIAM:*

David Garcia-Juarez appeals from his conviction of illegal

reentry following deportation. Garcia contends, for the first

time on appeal, that his sentence violated the relevant statutory

maximum of 8 U.S.C. § 1326(a) and that the district court erred

by imposing the 16-level crime-of-violence adjustment of U.S.S.G.

§ 2L1.2(b)(1)(A)(ii) because he was not actually convicted of

assault with a deadly weapon in Minnesota in 2000. He also

contends, for the first time on appeal, that the “felony” and
No. 03-40245

-2-

“aggravated felony” provisions of 8 U.S.C. § 1326(b) are

unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466

(2000). 

A sentence that exceeds the statutory maximum is illegal and

constitutes plain error. United States v. Sias, 227 F.3d 244,

246 (5th Cir. 2000). Garcia was deported before his scheduled

sentencing date in Minnesota, and he has never been sentenced on

his Minnesota guilty plea. He was never formally adjudicated

guilty in Minnesota. See State v. Hoelzel, 639 N.W.2d 605, 609

(Minn. 2002). Garcia was not convicted in Minnesota for federal

immigration law purposes. See Moosa v. INS, 171 F.3d 994, 1001-

02 (5th Cir. 1999). As the government concedes, the district

court therefore erred by imposing the 16-level adjustment and by

sentencing Garcia to more than two years’ imprisonment. Because

the district court erred by sentencing Garcia under the

“aggravated felony” provision of 8 U.S.C. § 1326(b), we do not

reach the issue, raised for the first time on appeal, of the

constitutionality of 8 U.S.C. § 1326(b).

VACATED AND REMANDED.
§ 42.20 Regional Farm Labor Coordinated Enforcement Committee. ( a ) Under the leadership of the ESA Regional Administrator, each region shall establish a Regional Farm Labor Coordinated Enforcement Committee (*Regional Committee*), including representatives of ESA, OSHA, ETA (the Regional MSFW Monitor Advocate), and the Office of the Regional Solicitor.
( b ) The Regional Committee shall be headed by the Regional Administrator of ESA.
( c ) The Regional Committee shall: ( 1 ) Meet regularly on at least a quarterly basis;
( 2 ) Exchange information on enforcement activities, including complaint/directed action logs developed by the DOL subagencies;
( 3 ) Develop a written coordinated enforcement strategy specifying for the region all information which the Regional Committee believes will be helpful to the National Committee in formulating the annual coordination plan. This strategy shall include at a minimum all information called for by § 42.8 for the region, taking into account particular conditions in the region (e.g., the seasonality of the farm labor population). Once it is reviewed by the National Committee and appropriately revised, the regional offices of ESA, ETA, and OSHA shall follow the enforcement strategy for the year, with revisions as needed by changing circumstances during the year. The National Committee shall be advised of any such revisions;
( 4 ) Maintain contacts with State agencies, farm labor groups, growers, and other interested parties; and
( 5 ) Coordinate cross-training of enforcement personnel within the region.
( d ) There shall be a regional committee staff level working group in each region consisting of regional staff representatives from ESA, ETA, OSHA, the Office of the Regional Solicitor, and OSHA State Farm Labor Coordinators within that region. This working group shall meet at least monthly.
( e ) The designated Farm Labor Specialist (ESA), Farm Labor Regional Coordinators (OSHA), and MSFW Monitor Advocates (USES) in each region shall be available to provide staff support to the Regional Committees.
( f ) To facilitate coordination with farm labor groups and growers in each region, the respective Regional Committee shall hold an annual public meeting, transcribe or recorded at the option of the Regional Committee, which shall be: ( 1 ) Publicized to all appropriate migrant farmworker and grower associations in the region;
( 2 ) Conducted by the director of the Regional Committee with other DOL agency representatives participating as necessary; and
( 3 ) Opened to all members of the public.
( g ) The Regional Committee shall conduct and cooperate with the National Committee in order to develop, implement and ensure the uniform and effective application of coordinated enforcement efforts.
(76 South. 476)

#### FRANKLIN v. STATE.

(6 Div. 222.)

(Court of Appeals of Alabama.

June 12, 1917.)

Criminal Law @=1090(14), 1122(5) — Questions Review able — Matters Not in Record.

Where no bill of exceptions has been filed, and the oral charge of the court is not set out in the record, the action of the trial court in refusing requested written charges will not be reviewed.

Appeal from Circuit Court, Jefferson County; H. P. Heflin, Judge.

S. B. Franklin, alias, etc., was convicted, and he appeals.

Affirmed.

W. L. Martin, Atty. Gen., for the State.

BRICKEN,,, J.

This appeal is on the record; no bill of exceptions having been filed. Nor is tbe general oral charge of the court set out in tbe record; therefore we cannot review tbe action of tbe trial court in refusing the written charges requested by tbe defendant and set out in tbe record proper. Paitry v. State, 196 Ala. 598, 72 South. 36.

We find no error on tbe record, and tbe judgment of conviction will be affirmed.

Affirmed.
(81 South. 199)

#### UPSHAW v. STATE.

(3 Div. 335.)

(Court of Appeals of Alabama.

Feb. 11, 1919.)

Appeal from Circuit Court, Montgomery County; Leon McCord, Jndge.

Proceeding between the State and Milton Upshaw. Prom a judgment therein, the latter appeals.

Affirmed.

W. R. Brassell and Brassell & Brassell, all of Montgomery, for appellant.

Emmett S. Thigpen, Atty. Gen., and David W. W. Puller, Asst. Atty. Gen., for the State.

BROWN, P. J.

We have examined the record for errors, and, finding none, the judgment is affirmed.

Affirmed.
Editorial Note on Part 1926
Editorial Notes: 1. At 44 FR 8577, Feb. 9, 1979, and corrected at 44 FR 20940, Apr. 6, 1979, OSHA reprinted without change the entire text of 29 CFR part 1926 together with certain General Industry Occupational Safety and Health Standards contained in 29 CFR part 1910, which have been identified as also applicable to construction work. This republication developed a single set of OSHA regulations for both labor and management forces within the construction industry. 2. Nomenclature changes to part 1926 appear at 84 FR 21597, May 14, 2019.

§ 1926.1429 Qualifications of maintenance & repair employees. ( a ) Maintenance, inspection and repair personnel are permitted to operate the equipment only where all of the following requirements are met: ( 1 ) The operation is limited to those functions necessary to perform maintenance, inspect the equipment, or verify its performance.
( 2 ) The personnel either: ( i ) Operate the equipment under the direct supervision of an operator who meets the requirements of § 1926.1427 (Operator qualification and certification); or
( ii ) Are familiar with the operation, limitations, characteristics and hazards associated with the type of equipment.
( b ) Maintenance and repair personnel must meet the definition of a qualified person with respect to the equipment and maintenance/repair tasks performed.
#### § 570.125 Actors and performers.

Section 13(c) of the Act provides an exemption from the child labor provisions for “any child employed as an actor or performer in motion pictures or theatrical productions, or in radio or television productions.” The term “performer” used in this provision is obviously more inclusive than the term “actor.” In regulations issued pursuant to section 7(d)(3) of the Act, the Administrator of the Wage and Hour Division has defined a “performer” on radio and television programs for purposes of that section.[34] The Secretary will follow this definition in determining whether a child is employed as a “* * * performer * * * in radio or television productions” for purposes of this exemption. Moreover, in many situations the definition will be helpful in determining whether a child qualifies as a “* * * performer in motion pictures or theatrical productions * * *” within the meaning of the exemption.

###### Footnotes -
  570.125

[34] Section 550.2(b) of this title provides:

(b) The term “performer” shall mean a person who performs a distinctive, personalized service as a part of an actual broadcast or telecast including an actor, singer, dancer, musician, comedian, or any person who entertains, affords amusement to, or occupies the interest of a radio or television audience by acting, singing, dancing, reading, narrating, performing feats of skill, or announcing, or describing or relating facts, events and other matters of interest, and who actively participates in such capacity in the actual presentation of a radio or television program. It shall not include such persons as script writers, stand-ins, or directors who are neither seen nor heard by the radio or television audience; nor shall it include persons who participate in the broadcast or telecast purely as technicians such as engineers, electricians and stage hands.
### Fw: Latest CMAS Preamble **Penny Lassiter** to: Cortney_Higgins 10/15/2012 06:19 PM Cc: Nick Parsons Cortney, Please find attached below a clean version and a redline version (the file that doesn't say "clean" in the title) showing the additional language on pg. 37 to add the citation to part 70 and to list the types of other rules that could have to be included in a title V permit. This is a redline from the previous clean version we sent to you at 4:00 pm on 10/12. Penny Lassiter Group Leader Refining and Chemicals Group (D205-01) Sector Policies and Programs Division Office of Air Quality Planning and Standards U.S. EPA Research Triangle Park, NC 27711 (919) 541-5396
----- Forwarded by Penny Lassiter/RTP/USEPA/US on 10/15/2012 06:16 PM -----
From: Nick Parsons/RTP/USEPA/US To: Penny Lassiter/RTP/USEPA/US@EPA Date: 10/15/2012 05:07 PM Subject: Latest CMAS Preamble

EO12866_CMAS Recon 2060-AQ89Final_20121015 Clean.doc EO12866_CMAS Recon 2060-AQ89Final_20121015 Clean.doc EO12866_CMAS Recon 2060-AQ89Final_20121015.doc EO12866_CMAS Recon 2060-AQ89Final_20121015.doc

- - Nick Parsons Environmental Engineer U.S. Environmental Protection Agency OAR/OAQPS/SPPD/RCG Research Triangle Park, NC 919.541.5372 parsons.nick@epa.gov "No man is more important than the team." -Bo Schembechler
§ 570.2 Minimum age standards. ( a ) *All occupations except in agriculture.* ( 1 ) The Act, in section 3(1), sets a general 16-year minimum age which applies to all employment subject to its child labor provisions in any occupation other than in agriculture, with the following exceptions: ( i ) The Act authorizes the Secretary of Labor to provide by regulation or by order that the employment of employees between the ages of 14 and 16 years in occupations other than manufacturing and mining shall not be deemed to constitute oppressive child labor, if and to the extent that the Secretary of Labor determines that such employment is confined to periods which will not interfere with their schooling and to conditions which will not interfere with their health and well-being (see subpart C of this part); and
( ii ) The Act sets an 18-year minimum age with respect to employment in any occupation found and declared by the Secretary of Labor to be particularly hazardous for the employment of minors of such age or detrimental to their health or well-being (see subpart E of this part).
( 2 ) The Act exempts from its minimum age requirements the employment by a parent of his own child, or by a person standing in place of a parent of a child in his custody, except in occupations to which the 18-year age minimum applies and in manufacturing and mining occupations.
( b ) *Occupations in agriculture.* The Act sets a 16-year age minimum for employment in agriculture during school hours for the school district in which the employed minor is living at the time, and also for employment in any occupation in agriculture that the Secretary of Labor finds and declares to be particularly hazardous except where such employee is employed by his parent or by a person standing in the place of his parent on a farm owned or operated by such parent or person (see Subpart E-1 of this part). There is a minimum age requirement of 14 years generally for employment in agriculture outside school hours for the school district where such employee is living while so employed. However, ( 1 ) a minor 12 or 13 years of age may be so employed with written consent of his parent or person standing in place of his parent, or may work on a farm where such parent or person is also employed, and
( 2 ) a minor under 12 years of age may be employed by his parent or by a person standing in place of his parent on a farm owned or operated by such parent or person, or may be employed with consent of such parent or person on a farm where all employees are exempt from the minimum wage provisions by virtue of section 13(a) (6) (A) of the Act.
<PAGE>
                             ITEM 11 EXECUTIVE COMPENSATION
                                     ITEM 402(a)(3)

                             SUMMARY OF COMPENSATION TABLE
<TABLE>
<CAPTION>

                                  Annual Compensation              Long Term Compensation
Name &                      -------------------------------       ------------------------
Principle                                            Other         Stock         Long Term        All
Position                                             Annual        Options       Incentive       Other
                Year         Salary        Bonus     Comp.        & Awards        Payouts        Comp.
                ----        --------     --------    -----        --------        -------        -----
<S>             <C>         <C>          <C>         <C>          <C>             <C>            <C>
Edward J.       1995        $240,000     $454,400       --              --             --           --
Hussey          1994         180,000      235,000       --              --             --           --
Chairman        1993         120,000      123,000       --              --             --           --
& President

Edward Jos      1995          83,200      253,192       --              --             --       $9,250
Hussey          1994          72,800      134,398       --              --             --        5,800
VP & Sec        1993          62,400      131,200       --              --             --        2,100

Michael F.      1995          83,200      253,192       --              --             --        9,250
Hussey          1994          72,800      134,398       --              --             --        5,800
VP -            1993          62,400      131,200       --              --             --        2,100
Finance

Bruce A.        1995          62,400       76,144       --              --             --           --
McMillan        1994          61,100       54,800       --              --             --           --
VP -            1993          59,800       55,036       --              --             --           --
Sales

Ralph D.        1995          58,500       74,010       --              --             --           --
Ray             1994          55,900       52,220       --              --             --           --
Treasurer       1993          53,300       51,200       --              --             --           --

</TABLE>

                                      37
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

FEDERAL AVIATION ADMINISTRATION, Complainant


### v. UNITED PARCEL SERVICE CO. Respondent
TO: Administrative LawJudge J. E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 FAA Docket No. FAA 2016-4261 Judge J. E. Sullivan

NOTICE OF APPEARANCE Please take notice that Paul Alp ofthe Jaw firm Crowell & Moring LLP hereby enters his appearance as counsel for Respondent United Parcel Service Co. in the above-captioned matter. Please serve all future correspondence, filings and submissions accordingly. Messrs. Winston Miller and Miles Harrison of the law firm Frost Brown Todd LLC shall continue to also representRespondent United Parcel Service Co. in this matter.

Dated: March 28,2016 Respectfully Submitted,

# ~I~J¥-- CROWELL & MORING LLP 1001 PennsylvaniaAvenue, N.W. Washington, D.C. 20004 palp@crowell.com Telephone: (202) 624-2500 Facsimile: (202) 628-5116CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies ofthe foregoing were served byhand delivery or UPS NextDay Air®, as indicated below, this 28th day ofMarch, 2016, to the following: Federal Aviation Administration 600 Independence Avenue, SW Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2Wl000
Administrative LawJudge J. E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 James H. Dunfee Jr. Attorney Enforcement Division,·Southem Team 1701 ColumbiaAvenue College Park, GA 30337
DATED: March28,2016 (original+ 1 copy) (via hand delivery)

(viahand delivery)

(via UPS Next Day Air)