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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8200

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v.
JAMIE MARCEL GRAHAM,
Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:99-cr-00137-FDW-1)

Submitted: March 16, 2009 Decided: March 31, 2009

Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Robert C. Carpenter, JOHN C. HUNTER LAW FIRM, LLC, Asheville, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina; Timika Shafeek, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Jamie Marcel Graham appeals the district court’s order
partially granting Graham’s 18 U.S.C. § 3582(c)(2) (2006)

motion for reduction of sentence. We have reviewed the record
and find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. United States v. Graham , No. 3:99-cr-00137-FDW-1 (W.D.N.C. Oct. 8, 2008). We deny
Graham’s motion for appointment of counsel. 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
<PAGE>


                                  EXHIBIT 32.2

                               HINES HORTICULTURE

                            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 Amendment No. 1 to the Annual Report of Hines Horticulture,
Inc. (the "Company") on Form 10-K/A for the year ended December 31, 2002, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Claudia M. Pieropan, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that Exhibit 99.2:

(1)      The Report fully complies with the requirement 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.


                                     By: /s/ Claudia M. Pieropan
                                         ---------------------------------------
                                         Claudia M. Pieropan
                                         CHIEF FINANCIAL OFFICER, SECRETARY AND
                                         TREASURER (PRINCIPAL FINANCIAL OFFICER)

August 29, 2003

A signed original of this written statement required by Section 906 has been
provided to Hines Horticulture, Inc. and will be retained by Hines Horticulture,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
**Exhibit 3.3**

**CERTIFICATE OF AMENDMENT**

**OF**

**FOURTH AMENDED AND RESTATED CERTIFICATE OF INCORPORATION**

**OF**

**PURPLE COMMUNICATIONS, INC.,**

**a Delaware corporation**

(pursuant to Section 242 of the Delaware General Corporation Law) 

Purple Communications, Inc., a corporation organized and existing under and by virtue of the Delaware General Corporation Law (the“Corporation”), through its duly authorized officers and by authority of its Board of Directors does hereby certify: 

FIRST: That in accordance with the provisions of Section 242 of the General Corporation Law, the Board of Directors of theCorporation duly adopted resolutions setting forth a proposed amendment to the Fourth Amended and Restated Certificate of Incorporation of the Corporation, declaring said amendment to be advisable and directing that said amendment be submitted tothe stockholders of the Corporation for consideration thereof. The resolution setting forth the proposed amendment is as follows: 

RESOLVED, that Section A of Article IV of the Fourth Amended and Restated Certificate of Incorporation is hereby amended and restated toread in full as follows: 

**“ARTICLE IV**

A. Classes of Stock. The Corporation is authorized to issue two classes of capital stock designated “Common Stock” and“Preferred Stock”, respectively. The total number of shares which the Corporation is authorized to issue is Four Hundred Twenty Million (420,000,000), of which Four Hundred Million (400,000,000) shares shall be Common Stock, par value$0.01 per share, and Twenty Million (20,000,000) shares shall be Preferred Stock, par value $0.01 per share.” 

SECOND: That thereafter, the holders of the necessary number of shares of capital stock of the Corporation gave their written consent infavor of the foregoing amendment in accordance with the provisions of Section 228 of the Delaware General Corporation Law. 

THIRD: That the amendment of the Fourth Amended and Restated Certificate of Incorporation herein certified has been duly adopted inaccordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware. 

[Signature PageFollows] 

 

A-1 

IN WITNESS WHEREOF, Purple Communications, Inc. has caused this Certificate of Amendment tobe signed by Michael J. Pendergast, its duly authorized General Counsel and Secretary, this 28th day of February, 2010. 

 
/s/ Michael J. Pendergast
Michael J. Pendergast,

General Counsel and Secretary
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO. 22-81891-CIV-CANNON

WILLIAM NOONAN,

Plaintiff,

v.

JOHN DOE,

Defendant.

_____________________________________/

ORDER TO CLARIFY CITIZENSHIP

THIS CAUSE comes before the Court upon a sua sponte review of the record. “A federal 

court not only has the power but also the obligation at any time to inquire into jurisdiction 

whenever the possibility that jurisdiction does not exist arises.” Fitzgerald v. Seaboard Sys. R.R.,

Inc., 760 F.2d 1249, 1251 (11th Cir. 1985) (citations omitted). It is the Court’s responsibility to 

“zealously insure that jurisdiction exists over a case.” Smith v. GTE Corp., 236 F.3d 1292, 1299 

(11th Cir. 2001).

Plaintiff’s basis for subject matter jurisdiction is diversity jurisdiction under 28 U.S.C. 

§ 1332(a) [ECF No 1 ¶ 8]. As relevant here, federal courts have diversity jurisdiction over civil 

actions between citizens of different states where the amount in controversy exceeds $75,000. 

28 U.S.C. § 1332. In this case, Plaintiff seeks damages in excess of $75,000 [ECF No. 1 ¶¶ 8, 29],

but Plaintiff makes insufficient allegations to show that complete diversity of citizenship exists

[ECF No. 1 ¶¶ 1, 2]. According to the Complaint, Plaintiff is a “resident of Palm Beach County, 

Florida” [ECF No. 1 ¶ 1]. Although Plaintiff does not yet know the identity of Defendant, the 

Complaint asserts that “[u]pon information and belief, [Defendant] is a resident of the state of 

Florida” [ECF No. 1 ¶ 2]. If true, complete diversity does not exist, and this Court does not have 

Case 9:22-cv-81891-AMC Document 4 Entered on FLSD Docket 12/07/2022 Page 1 of 2
 CASE NO. 22-81981-CIV-CANNON

2

subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1332. Triggs v. John Crump 

Toyota, Inc., 154 F.3d 1284, 1287 (11th Cir. 1998).

Accordingly, it is 

ORDERED AND ADJUDGED that Plaintiff shall file a memorandum clarifying why this 

Court has jurisdiction over this case on or before December 14, 2022. Failure to do so may result 

in dismissal of the action without further notice. 

DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 7th day of December

2022. 

 _________________________________

 AILEEN M. CANNON

 UNITED STATES DISTRICT JUDGE

cc: counsel of record

Case 9:22-cv-81891-AMC Document 4 Entered on FLSD Docket 12/07/2022 Page 2 of 2
§ 169.15 Incorporation by reference: Where can I get a copy of the publications mentioned in this part? ( a ) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .* Also, it is available for inspection at Coast Guard Headquarters. Contact Commandant (CG-NAV), Attn: Office of Navigation Systems, 2703 Martin Luther King Jr. Avenue SE., Stop 7418, Washington, DC 20593-7418, and is available from the sources indicated in this section.
( b ) *International Electrotechnical Commission (IEC) Bureau Central de la Commission Electrotechnique Internationale* , 3 rue de Varembé, P.O. Box 131, 1211 Geneva 20, Switzerland. ( 1 ) IEC 60945, Fourth edition 2002-08, Maritime navigation and radiocommunication equipment and systems—General requirements—Methods of testing and required test results, incorporation by reference approved for § 169.215.
( 2 ) [Reserved]
( c ) *International Maritime Organization (IMO)* , 4 Albert Embankment, London SE1 7SR, U.K. ( 1 ) IMO Resolution MSC.202(81), adopted on May 19, 2006, Adoption of Amendments to the International Convention for the Safety of Life at Sea, 1974, as Amended, incorporation by reference approved for § 169.240.
( 2 ) IMO Resolution MSC.210(81), adopted on May 19, 2006, Performance Standards and Functional Requirements for the Long-Range Identification and Tracking of Ships, incorporation by reference approved for §§ 169.215 and 169.240.
( 3 ) IMO Resolution MSC.254(83), adopted on October 12, 2007, Adoption of Amendments to the Performance Standards and Functional Requirements for the Long-Range Identification and Tracking of Ships, incorporation by reference approved for §§ 169.215 and 169.240.
( 4 ) IMO Resolution A.694(17), adopted on November 6, 1991, General Requirements for Shipborne Radio Equipment Forming Part of the Global Maritime Distress and Safety System (GMDSS) and for Electronic Navigational Aids, incorporation by reference approved for § 165.215.
( 5 ) International Convention on Tonnage Measurement of Ships, 1969, incorporation by reference approved for § 169.5.
[USCG-2005-22612, 73 FR 23319, Apr. 29, 2008, as amended by USCG-2010-0351, 75 FR 36287, June 25, 2010; USCG-2011-0257, 76 FR 31838, June 2, 2011; USCG-2014-0410, 79 FR 38448, July 7, 2014]
<PAGE>

                                                                    EXHIBIT 32.1

                   CERTIFICATION OF PERIODIC FINANCIAL REPORT
                       PURSUANT TO 18 U.S.C. SECTION 1350


         The undersigned officer of Hines Horticulture, Inc. (the "Company")
hereby certifies that the Company's annual report on Form 10-K/A for the year
ended December 31, 2005 to which this certification is being furnished as an
exhibit (the "Report"), as filed with the Securities and Exchange Commission on
the date hereof, fully complies with the requirements of Section 13(a) or 15(d),
as applicable, of the Securities Exchange Act of 1934, as amended (the "Exchange
Act"), and that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company. This certification is provided solely pursuant to 18 U.S.C. Section
1350 and Item 601(b)(32) of Regulation S-K ("Item 601(b)(32)") promulgated under
the Securities Act of 1933, as amended (the "Securities Act"), and the Exchange
Act. In accordance with clause (ii) of Item 601(b)(32), this certification (A)
shall not be deemed "filed" for purposes of Section 18 of the Exchange Act, or
otherwise subject to the liability of that section, and (B) shall not be deemed
to be incorporated by reference into any filing under the Securities Act or the
Exchange Act, except to the extent that the Company specifically incorporates it
by reference.


Date: May 12, 2006
                          /s/ ROBERT A. FERGUSON
                          ----------------------
                          Name: Robert A. Ferguson
                          Title: President, Chief Executive Officer and Director
                          (Principal Executive Officer)
Exhibit No. 3(i)(c)


                              ALBERTO-CULVER COMPANY



                            CERTIFICATE OF AMENDMENT OF
                       RESTATED CERTIFICATE OF INCORPORATION



The undersigned, being the President of Alberto-Culver Company, a Delaware 
corporation, pursuant to Section 242 of the General Corporation Law of the State
of Delaware, does hereby certify as follows:
   FIRST:  That the Restated Certificate of Incorporation of said corporation
   has been amended by amending the first paragraph of Article 4 to read
   as follows:
                    4.   The total number of shares which the Corporation shall
   have authority to issue is One Hundred Fifty Million (150,000,000), par value
   $0.22 per share, Seventy-Five Million (75,000,000) of which shall be "Class A
   Common Stock" and Seventy-Five Million (75,000,000) of which shall be "Class 
   B Common Stock."  The Class A Common Stock and the Class B Common Stock are 
   hereinafter sometimes called collectively the "Common Stock."

   SECOND:  That such amendment has been duly adopted by resolution of the board
   of directors and approved by the vote of a majority of the votes entitled to 
   be cast, by the vote of a majority of the shares of Class A Common Stock
   entitled to be voted, and by the vote of a majority of the shares of Class B
   Common Stock entitled to be voted, at the annual meeting of stockholders in
   accordance with the provisions of Section 242 of the General Corporation Law 
   of the State of Delaware.

   IN WITNESS WHEREOF, the undersigned has signed this certificate this 23rd day
   of January, 1997.


 
                                      ALBERTO-CULVER COMPANY



 
                                      /s/H. B. Bernick                          
                                     ----------------                           

                                      Howard B. Bernick
 
                                      President





                                     - 10 -
#### § 101-28.304-1 Types of items.

Items stocked in customer supply centers are based on customer agency requirements for common use expendable items. In addition to administrative type items commonly used in Government offices, janitorial supplies, handtools, and other industrial-type items are stocked when required to meet the mission-related needs of the activities supported by the CSC.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-cr-20508-PCH/Becerra-2

UNITED STATES OF AMERICA,

v.

DAVID CLAVERIA-HUNG,

Defendant.

_____________________________________/

ORDER ADOPTING AND AFFIRMING R&R AND ADJUDICATING DEFENDANT 

GUILTY

THIS MATTER came before the Court upon Magistrate Judge Jacqueline Becerra’s 

Report and Recommendation (“R&R”) on Change of Plea [ECF No. 102], which was entered on 

March 3, 2023. In the R&R, Judge Becerra found that the Defendant David Claveria-Hung freely 

and voluntarily entered a plea of guilty as to Count I of the Superseding Indictment, which charges 

Defendant with conspiracy to possess with intent to distribute a controlled substance, in violation of 

Title 21, United States Code, Section 846.

Magistrate Judge Becerra recommends that this Court accept Defendant’s guilty plea, that 

Defendant be adjudicated guilty of Count I, and that a sentencing hearing be conducted for final 

disposition of this matter. The Court has reviewed Judge Becerra’s R&R, no objections have been 

filed, and the Court has been advised that no objections will be filed. Therefore, based on a de 

novo review of the evidence presented, it is hereby

ORDERED AND ADJUDGED that (1) Magistrate Judge Becerra’s R&R on Change of 

Plea is ADOPTED and AFFIRMED in its entirety; (2) the Court accepts Defendant’s plea of 

guilty, and Defendant is hereby adjudged guilty as to Count I of the Superseding Indictment; and

Case 1:22-cr-20508-PCH Document 107 Entered on FLSD Docket 03/03/2023 Page 1 of 2
(3) a sentencing hearing before the Honorable Paul C. Huck is set for Monday, April 24, 2023, at 

2:00 PM.

DONE AND ORDERED in Miami, Florida on March 3, 2023.

PAUL C. HUCK

UNITED STATES DISTRICT JUDGE

Copies provided to:

Magistrate Judge Jacqueline Becerra

Counsel of record

Case 1:22-cr-20508-PCH Document 107 Entered on FLSD Docket 03/03/2023 Page 2 of 2
**EXHIBIT 32.1**





CERTIFICATION PURSUANT TO 18 U.S.C. ' 1350 AS ADOPTED


PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report on Form 10-KSB of ITS Networks Inc. (the A Company @ ) for the fiscal year ended September 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the A Report @ ), the undersigned President and Principal Accounting and Financial Officer of the Company each hereby certify, pursuant to 18 U.S.C. ' 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; and2.
The information contained in the Report fairly presents, in all material respects the financial condition and results of operations of the Company.




****Date: January 24, 2005
By:
/s/ Gustavo GomezGustavo GomezChief Executive Officer,President and Treasurer




****By:
/s/ Herman de HaasHermand de HaasExecutive Vice President,Chief Operating Officer andPrincipal Accounting and Financial Officer
```

[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Notices]
[Page 19409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07853]

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

DEPARTMENT OF STATE

[Public Notice 8685]

Culturally Significant Object Imported for Exhibition 
Determinations: ``Unity of Nature: Alexander von Humboldt and the 
Americas''

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), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority 
No. 257 of April 15, 2003), I hereby determine that the object to be 
included in the exhibition ``Unity of Nature: Alexander von Humboldt 
and the Americas,'' imported from abroad for temporary exhibition 
within the United States, are of cultural significance. The object is 
imported pursuant to a loan agreement with the foreign owner or 
custodian. I also determine that the exhibition or display of the 
exhibit object at the Americas Society, New York, New York, from on or 
about April 29, 2014, until on or about July 26, 2014, and at possible 
additional exhibitions or venues yet to be determined, is in the 
national interest. I have ordered that Public Notice of these 
Determinations be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
description of the imported object, contact Paul W. Manning, Attorney-
Adviser, Office of the Legal Adviser, U.S. Department of State 
(telephone: 202-632-6469). The mailing address is U.S. Department of 
State, SA-5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: April 1, 2014.
Kelly Keiderling,
Principal Deputy Assistant Secretary, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2014-07853 Filed 4-7-14; 8:45 am]
BILLING CODE 4710-05-P
```
§ 102-72.68 What preconditions must be satisfied before an Executive agency may exercise the delegated authority to perform an individual ancillary repair and alteration project? The preconditions that must be satisfied before an Executive agency may perform ancillary repair and alteration work are as follows: ( a ) The ordering agency must order both the products or services and the ancillary repair and alteration services under the same GSA Multiple Award Schedule from the same vendor;
( b ) The value of the ancillary repair and alteration work must be less than or equal to $100,000 (for work estimated to exceed $100,000, the Executive agency must contact the GSA Assistant Regional Administrator, Public Buildings Service, in the region where the work is to be performed to request a specific delegation);
( c ) All terms and conditions applicable to the acquisition of ancillary repair and alteration work as required by the GSA Multiple Award Schedule ordering procedures must be satisfied;
( d ) The ancillary repair and alteration work must not be in a facility leased by GSA or in any other leased facility acquired under a lease delegation from GSA; and
( e ) As soon as reasonably practicable, the Executive agency must provide the building manager with a detailed scope of work, including cost estimates, and schedule for the project, and such other information as may be reasonably requested by the building manager, so the building manager can determine whether or not the proposed work is reasonably expected to have an adverse effect on the operation and management of the building, the building's structural, mechanical, electrical, plumbing, or heating and air conditioning systems, the building's aesthetic or historic features, or the space or property of any other tenant in the building. The Executive agency must obtain written approval from the building manager prior to placing an order for any ancillary repair and alteration work.
[74 FR 12273, Mar. 24, 2009]
<Page>

                                POWER OF ATTORNEY




       KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes
and appoints Donald E. Steen, Mark A. Kopser and John J. Wellik and each of
them, his true and lawful attorneys-in-fact, with full power of substitution
and resubstitution, for him and in his name, place and stead, to sign on his
behalf, as a director or officer, or both, as the case may be, of United
Surgical Partners International, Inc., a Delaware corporation (the
"Corporation"), the Corporation's Annual Report on Form 10-K for the year
ended December 31, 2001, and to sign any or all amendments to such Form 10-K,
and to file the same, with all exhibits thereto, and other documents in
connection therewith, with the Securities and Exchange Commission, granting
unto said attorneys-in-fact, and each of them with or without the others, full
power and authority to do and perform each and every act and thing requisite
and necessary to be done in and about the premises, as fully to all intents
and purposes as he might or could do in person, hereby ratifying and
confirming all that each of said attorneys-in-fact or their substitute or
substitutes may lawfully do or cause to be done by virtue hereof.






                                            /s/ David P. Zarin, M.D.
                                            ------------------------------------
                                            David P. Zarin, M.D.