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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7534

In Re: COURTNEY CONSTANTINE WATSON,

Petitioner.

On Petition for Writ of Habeas Corpus.

(8:04-cr-00104-RWT)

Submitted: December 20, 2006 Decided: January 8, 2007

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Dismissed without prejudice by unpublished per curiam opinion.

Courtney Constantine Watson, Petitioner Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Courtney Constantine Watson filed an original 28 U.S.C.

§ 2241 (2000) petition in this court. Because Watson is

incarcerated in Georgia, no circuit judge on this court has

jurisdiction over his § 2241 petition. Accordingly, we deny leave

to proceed in forma pauperis and dismiss the § 2241 petition

without prejudice to Watson’s right to refile the petition in the

district of his incarceration. 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.

DISMISSED WITHOUT PREJUDICE
<PAGE>

                                                                  EXHIBIT - 32.2

                                  MOSSIMO, INC.

                            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 Mossimo, Inc. (the Company) on Form 10-K
for the annual period ended December 31, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the Report), I Mali Shrinivas, Chief
Financial Officer of the Company, certify, in accordance with 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
to the best of my knowledge:

         (3)  The Report, to which this certification is attached as Exhibit -
              32.2, fully complies with the requirements of Section 13(a) of the
              Securities and Exchange Act of 1934; and

         (4)  The information contained in the Report fairly presents, in all
              material respects, the financial condition, results of operations,
              and cash flows of the Company.


/s/      Mali Shrinivas
         -----------------------
         Mali Shrinivas
         Chief Financial Officer
         March 12, 2004








A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002 HAS BEEN PROVIDED TO THE COMPANY AND WILL BE RETAINED
BY THE COMPANY AND FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION STAFF
UPON REQUEST.

THIS CERTIFICATION ACCOMPANIES THE FORM 10-K TO WHICH IT RELATES, IS NOT DEEMED
FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AND IS NOT TO BE INCORPORATED
BY REFERENCE INTO A FILING OF THE COMPANY UNDER THE SECURITIES ACT OF 1933 OR
THE SECURITIES ACT OF 1934 (WHETHER MADE BEFORE OR AFTER THE DATE OF THE FORM
10-K), IRRESPECTIVE OF ANY GENERAL INCORPORATION LANGUAGE CONTAINED IN SUCH
FILING.
IN THE COURT OF APPEALS OF IOWA
No. 1 4

- 0535 Filed March 11, 2015 STATE OF IOWA, Plaintiff

- Appellee,

vs. PHILLIP DWAYNE JONES, Defendant

- Appellant.

________________________________________________________________ Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling , Judge.

The o ffender challenges the denial of his motion to correct illegal
sentence. AFFIRMED.

Jeffrey M. Lipman of Lipman Law Firm, P.C., Clive, for appellant. Thomas J. Miller, Attorney General, Kyle Hanson, Assistant Attorney General, Patrick C. Jackson, County Attorney, and Tyron Rogers, Assistant County Attorney, for appellee.

Considered by Vogel, P.J., and Doyle and McDonald, JJ.2

MCDONALD, J. In 2008, Phillip Jones was convicted of robbery in the second degree, in violation of Iowa Code sections 711.1 and 711.3 (2007), and sentenced as a habitual offender to an indeterminate term of incarceration not to exceed fifteen years, pursuant to Iowa Code section 902.8. Because the conviction was for a forcible felony, Jones was required to serve seventy percent of the sentence. See Iowa Code §§ 702.11(1) , 902.12 . In 2013, Jones filed in the district court a motion to correct illegal sentence, contending his sentence was illegal because it required him to serve at least seventy percent of the fifteen

- yea r term rather than seventy percent of the ten

- year term that would have been applicable in the absence of the habitual offender enhancement. The district court denied the motion. Jones timely filed this appeal. The same challenge to the interplay betwe en the habitual offender enhancement and the forcible felony statute that Jones raises now was addressed and rejected in State v. Ross , 7 29 N.W.2d 806 , 811 (Iowa 2007). In that case, the supreme court held the seventy

- percent mandatory minimum for forcibl e felonies applied to the habitual offender sentencing enhancement. See
Ross , 729 N.W.2d at 811. We are not at liberty to ignore controlling authority. See State v. Beck

, 854 N.W .2d 56, 65 (Iowa Ct. App. 2014) . The judgment of the district court is aff irmed without further opinion. See Iowa Ct. R. 21.26 (1)(a), (c), and (e).
AFFIRMED.
#### § 109-38.301-1.53 Responsibilities of motor vehicle operators.

Designated contractors shall assure that their employees are aware of their responsibilities, identical to those listed in § 109-6.400-50 of this chapter for DOE employees, concerning the use and operation of Government motor vehicles.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DELORIS WILLIAMS,

Appellant,

v.

DEPARTMENT OF MANAGEMENT SERVICES,

DIVISION OF RETIREMENT,

Appellee.

No. 4D20-2108

[May 6, 2021]

Appeal from the Department of Management Services, Division of 

Retirement; L.T. Case Nos. 19-5499 and DMS-20-0046.

Deloris Williams, Riviera Beach, pro se.

William Chorba, General Counsel, Rebekah A. Davis, Deputy General 

Counsel, and Ladasiah Jackson Ford, Assistant General Counsel, 

Department of Management Services, Tallahassee, for appellee.

PER CURIAM.

Affirmed.

GROSS, GERBER and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
No. 11-5028.

#### Belcher *v.*Sexton, Warden.

C. A. 6th Cir. Certiorari denied.
**EXHIBIT
31.1**
 
 **CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER**
 Section
302 Certification
 
 I, Mark R.
Newburg , certify
that:
  1.  I have
reviewed this annual report on Form 10-KSB/A of VendingData
Corporation;
  2.  Based on
my knowledge, this annual report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;
  3.  Based on
my knowledge, the financial statements and other financial information included
in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the small business issuer as of, and
for, the periods presented in this report;
  4.  The small
business issuer’s other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:
  a) Designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the small business issuer, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;
  b) Evaluated
the effectiveness of the small business issuer’s disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures as of the end of the period covered by
this report based on such evaluation; and
  c) Disclosed
in this report any change in the small business issuer’s internal control over
financial reporting that occurred during the small business issuer’s fourth
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the small business issuer’s internal control over financial
reporting; and
  5.  The small
business issuer’s other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
small business issuer’s auditors and the audit committee of the small business
issuer’s board of directors (or persons performing the equivalent
functions):
  a) All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the small business issuer’s ability to record, process,
summarize and report financial data information; and
  b) Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the small business issuer’s internal control over
financial reporting.
 
 Date: April 29, 2005
    By:
    /s/ Mark R. NewburgMark R. Newburg,
      Executive Director(Principal Executive
      Officer)
EXHIBIT 32.0



SECTION 1350 CERTIFICATIONS



In connection with the Quarterly Report of Andrea Electronics Corporation (the Company) on Form 10-QSB for the period ending June 30, 2005 as filed with
the Securities and Exchange Commission (the Report), the undersigned certify, pursuant to 18 U.S.C. Section 1350, as added by 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 and 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 as of and for the period covered
by the Report.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                                                                                                    
|--------------------- |  | ---------------------------------------------------------------------------------------------------
|Date: August 15, 2005 |  | /s/ DOUGLAS J. ANDREA                                                                              
|                      |  | Douglas J. Andrea Chairman of the Board,
President, Chief Executive Officer and Corporate Secretary
|                      | 
|                      |  | /s/ CORISA L. GUIFFRE                                                                              
|                      |  | Corisa L. Guiffre Vice President, Chief
Financial Officer and Assistant Corporate Secretary
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 21-0517

STATE OF MONTANA,

Plaintiff and Appellee,

v.

SHANE CLARK JOHNSON,

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 October 12, 2022, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

August 31 2022

08/31/2022

Case Number: DA 21-0517
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 04-913 

________________________________________________________________________ 

TAXATION 

Information Exchange 

Aruba 

 Agreement Between the 

UNITED STATES OF AMERICA 

and the NETHERLANDS 

Signed at Washington November 21, 2003 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 NETHERLANDS 

 Taxation: Information Exchange Aruba 

 Agreement signed at Washington November 21, 2003; 

 Entered into force September 13, 2004.
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 09390

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2File Name3Description

x 09390\09390_Checklist.xls EPA Technical Review Checklist Workbook

09390\09390_Completeness_Checklist.xls EPA Completeness Review Checklist

x 09390\09390_Part A.xls Plant submitted survey file

x 09390\09390_Part E.xls Plant submitted survey file

x 09390\09390_Part H.xls Plant submitted survey file

09390\Certification Statement Plant ID 09390.pdf Plant certification statement

x 09390\Supporting Documentation\09390_Aerial Map.bmp Plant submitted supplemental files to the survey

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket. 

3

 No hardcopy log is included for this plant as no hardcopy materials were received.
###### Editorial Note on [Part 1](/current/title-47/part-1?toc=1)

#### Editorial Note:

Nomenclature changes to part 1 appear at [63 FR 54077](https://www.federalregister.gov/citation/63-FR-54077), Oct. 8, 1998.

#### § 1.1106 Schedule of charges for applications and other filings for the enforcement services.

Table 1 to [§ 1.1106](/on/2024-09-20/title-47/section-1.1106)

| Enforcement services | | |
| --- | --- | --- |
| Type of application | Payment type code | Fee amount |
| Formal Complaint | CIZ | $605 |
| Pole Attachment Complain | TPC | 605 |
| Petitions Regarding Law Enforcement Assistance Capability under CALEA | CLEA | 7,750 |

[[88 FR 6171](https://www.federalregister.gov/citation/88-FR-6171), Jan. 31, 2023]
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT PIERCE DIVISION

CASE NO. 22-14048-CR-CANNON

UNITED STATES OF AMERICA,

Plaintiff,

v.

DUSTIN SINGLETON,

Defendant.

/

ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATION 

THIS CAUSE comes before the Court upon the Supplemental Report and 

Recommendation issued by Magistrate Judge Shaniek M. Maynard [ECF No. 188], which 

corrected two inaccuracies in an earlier Report adopted by the Court [ECF No. 161 (adopting 

ECF No. 152)]. The Court has reviewed the Supplemental Report and Recommendation [ECF No. 

188], the Government’s Notice of No Objections [ECF No. 189], Defendant’s Objections 

[ECF No. 197], and the full record. Following such review, and in the interests of clarifying and 

preserving the record in this case, it is ORDERED AND ADJUDGED as follows:

1. The Supplemental Report and Recommendation [ECF No. 188] is AFFIRMED AND 

ADOPTED.

DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 24th day of March

2023.

_________________________________

AILEEN M. CANNON

UNITED STATES DISTRICT JUDGE

cc: counsel of record

Case 2:22-cr-14048-AMC Document 200 Entered on FLSD Docket 03/24/2023 Page 1 of 1
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S E R V I C E
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.
From: Adin, Lucas 

Sent: Wednesday, June 02, 2010 12:05 PM 

Subject: Federal Register Publication of NOPR for Residential Refrigerators, Refrigerator-Freezers, and 

Freezers Test Procedure 

Dear Interested Parties: 

The U.S. Department of Energy (DOE) published its Notice of Proposed Rulemaking 

(NOPR) regarding amended Test Procedures for Residential Refrigerators, Refrigerator-Freezers, and 

Freezers in the Federal Register on May 27, 2010. The notice requests comment from interested parties 

regarding the proposed amendments. Additionally, I would like to inform you that the NOPR and related 

rulemaking documents are available at the URL listed below. DOE will conduct a public meeting on June 

22, 2010 and receive written comments through August 10, 2010. 

Please feel free to contact me if you require additional information.

http://www1.eere.energy.gov/buildings/appliance_standards/residential/refrigerators_freezers.ht

ml

Lucas Adin

Building Technologies Program (EE-2J)

Office of Energy Efficiency & Renewable Energy

U.S. Department of Energy

Tel: 202-287-1317

E-mail: lucas.adin@ee.doe.gov

Before printing this e-mail, please consider whether it is necessary to do so. Help conserve resources and protect the 

environment.

EERE-2009-BT-TP-0003 1.2.002
#### § 60-3.1 Statement of purpose.

A. *Need for uniformity—Issuing agencies.* The Federal government's need for a uniform set of principles on the question of the use of tests and other selection procedures has long been recognized. The Equal Employment Opportunity Commission, the Civil Service Commission, the Department of Labor, and the Department of Justice jointly have adopted these uniform guidelines to meet that need, and to apply the same principles to the Federal Government as are applied to other employers.

B. *Purpose of guidelines.* These guidelines incorporate a single set of principles which are designed to assist employers, labor organizations, employment agencies, and licensing and certification boards to comply with requirements of Federal law prohibiting employment practices which discriminate on grounds of race, color, religion, sex, and national origin. They are designed to provide a framework for determining the proper use of tests and other selection procedures. These guidelines do not require a user to conduct validity studies of selection procedures where no adverse impact results. However, all users are encouraged to use selection procedures which are valid, especially users operating under merit principles.

C. *Relation to prior guidelines.* These guidelines are based upon and supersede previously issued guidelines on employee selection procedures. These guidelines have been built upon court decisions, the previously issued guidelines of the agencies, and the practical experience of the agencies, as well as the standards of the psychological profession. These guidelines are intended to be consistent with existing law.
§ 105-68.730 What information must I provide to the suspending official if I contest a suspension? ( a ) In addition to any information and argument in opposition, as a respondent your submission to the suspending official must identify— ( 1 ) Specific facts that contradict the statements contained in the Notice of Suspension. A general denial is insufficient to raise a genuine dispute over facts material to the suspension;
( 2 ) All existing, proposed, or prior exclusions under regulations implementing E.O. 12549 and all similar actions taken by Federal, state, or local agencies, including administrative agreements that affect only those agencies;
( 3 ) All criminal and civil proceedings not included in the Notice of Suspension that grew out of facts relevant to the cause(s) stated in the notice; and
( 4 ) All of your affiliates.
( b ) If you fail to disclose this information, or provide false information, the General Services Administration may seek further criminal, civil or administrative action against you, as appropriate.
46750.

#### WARD v. JONES.

(379 SE2d 519)

Decided May 25, 1989.

*H. Boyd Pettit III, Thomas P. Bishop,*for appellant.

Marshall, Chief Justice.

The parties admit that the plaintiff owns the lands on his side and the defendant owns the lands on her side up to the true and correct dividing line between their adjoining lands. “ ‘The Court of Appeals and not this court has jurisdiction of cases involving the location of disputed land lines.’ [Cit.] ” *Colley v. Dillon,*247 Ga. 4 (273 SE2d 606) (1981). The judgment appealed from having established the proper location of the boundary line, the injunction against the maintaining of any fence inconsistent with said line is merely ancillary, and does not afford a basis for jurisdiction of this Court. *Krystal Co. v. Carter,*256 Ga. 43 (2) (343 SE2d 490) (1986) and cits. “Because this case is not one ‘respecting title to land’ but involves only the proper location of a boundary line between adjoining property owners, it is transferred to the Court of Appeals.” *Mays v. Daniels,*254 Ga. 694 (335 SE2d 297) (1985) and cits.

*Transferred to the Court of Appeals.*

*All the Justices concur.*

*260
      *Charles Crawford,*for appellee.
<PAGE>
                                                                    Exhibit 99.1

CERTIFICATION UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Ralph Rubio and Ira Fils hereby certify that:

1. They are the Chief Executive Officer and Chief Financial Officer,
respectively, of Rubio's Restaurants, Inc.

2. The Form 10-Q report of Rubio's Restaurants, Inc. that this certification
accompanies fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934.

3. The information contained in the Form 10-Q report of Rubio's Restaurants,
Inc. that this certification accompanies fairly presents, in all material
respects, the financial condition and results of operations of Rubio's
Restaurants, Inc.

Dated:  November 13, 2002                 /s/ RALPH RUBIO
                                          Ralph Rubio
                                          Chief Executive Officer


                                          /s/ IRA FILS
                                          Ira Fils
                                          Chief Financial Officer
#### § 50-202.3 Learners, student learners, apprentices, and handicapped workers.

Learners, student learners, apprentices, and handicapped workers may be employed at less than the minimum wage prescribed in § 50-202.2 to the same extent such employment is permitted under section 14 of the Fair Labor Standards Act.

(Sec. 6, 49 Stat. 2038; 41 U.S.C. 40)

[43 FR 28495, June 30, 1978]