alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Anthony Jesus SANDERS, Petitioner—Appellant, v. Jack LEE, Warden, Keen Mountain Correctional Center, Respondent— Appellee.

No. 04-6031.

United States Court of Appeals, Fourth Circuit.

Submitted March 11, 2004.

Decided March 19, 2004.

Anthony Jesus Sanders, Appellant pro se.

Before WIDENER, WILKINSON, and MICHAEL, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM.

Anthony Jesus Sanders has filed a motion for a certificate of appealability concerning the denial of his 28 U.S.C. § 2254 (2000) petition by the district court. An appeal may not be taken from the final order in a habeas corpus proceeding unless a circuit judge or justice issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). This court will not issue a certificate of appealability as to claims dismissed by a district court on procedural grounds unless the movant can demonstrate both “(1) ‘that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right’ and (2) ‘that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.’ ” *Rose v. Lee,*252 F.3d 676, 684 (4th Cir.2001) (quoting *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)).

We have reviewed the record and determine that Sanders has not made the requisite showing. *See Miller-El v. Cockrell,*537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). Accordingly, we deny a certificate of appealability and dismiss the appeal. Sanders’s “Motion of Retention of the Record” is denied as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court *48and argument would not aid in the deci-sional process.

*DISMISSED*
§ 52.1 Basis and purpose. ( a ) *Basis.* These rules are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C. 151 *et. seq.*
( b ) *Purpose.* The purpose of these rules is to establish, for the United States, requirements and conditions for the administration and use of telecommunications numbers for provision of telecommunications services.
#### § 22.727 Power limits for conventional rural radiotelephone transmitters.

The transmitting power of transmitters operating on the channels listed in § 22.725 must not exceed the limits in this section.

(a) *Maximum ERP.* The effective radiated power (ERP) of central office and rural subscriber station transmitters must not exceed the applicable limits in this paragraph under any circumstances.

| Frequency range (MHz) | Maximum ERP (watts) |
| --- | --- |
| 152-153 | 1400 |
| 157-159 | 150 |
| 454-455 | 3500 |
| 459-460 | 150 |

(b) *Basic power limit.* Except as provided in paragraph (d) of this section, the ERP of central office station transmitters must not exceed 500 Watts.

(c) *Height-power limits.* Except as provided in paragraph (d) of this section, the ERP of central office station transmitters must not exceed the amount that would result in an average distance to the “service contour” of 41.6 kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles) for UHF channels. The average distance to the “service contour” is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.567 for the eight cardinal radial directions, excluding cardinal radial directions for which 90% or more of the distance so calculated is over water.

(d) *Encompassed interfering contour areas.* Central office station transmitters are exempt from the basic power and height-power limits of this section if the area within their interfering contours is totally encompassed by the interfering contours of operating co-channel central office station transmitters controlled by the same licensee. For the purpose of this paragraph, operating transmitters are authorized transmitters that are providing service to subscribers.

(e) *Adjacent channel protection.* The ERP of central office station transmitters must not exceed 500 Watts if they transmit on channel 454.025 MHz and are located less than 7 kilometers (4.3 miles) from any Private Radio Services station receiving on adjacent channel 454.000 MHz.

[59 FR 59507, Nov. 17, 1994, as amended at 70 FR 19309, Apr. 13, 2005]
<PAGE>

                                   EXHIBIT 21
                                   ----------


                   SUBSIDIARIES OF NATIONAL AUTO CREDIT, INC.


<TABLE>
<CAPTION>
                                                State of                          Percent by
         Corporate Name                       Organization                National Auto Credit, Inc.
---------------------------------    -------------------------------    -------------------------------
<S>                                            <C>                                  <C>
ARAC, Inc. (1)                                  Delaware                             100%

NAC Capital, Inc.                               Delaware                             100%

NAC, Inc. (2)                                   Delaware                             100%

National Cinemas, Inc.                          Delaware                             100%

ZoomLot Corporation                             Delaware                             100%
</TABLE>



     All of the subsidiaries listed above are included in the consolidated
financial statements of the Company. The Company also has various subsidiaries
which, when considered in the aggregate, do not constitute a significant
subsidiary.

(1)  Formerly operated under the name of Agency Rent-A-Car and its divisions,
     Altra Auto Rental, Automate Auto Rental and National Motors.

(2)  NAC, Inc. is a wholly-owned subsidiary of ARAC, Inc.
Exhibit 32(a)






This Certification is being furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section.  This Certification shall not be incorporated by reference into any registration statement or other document pursuant to the Securities Act of 1933, except as otherwise stated in such filing.






Certification Pursuant to Section 1350 of Chapter 63


of Title 18 of the United States Code






In connection with the Quarterly Report of Appalachian Power Company (the “Company”) on Form 10-Q (the “Report”) for the quarter ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof, I, Michael G. Morris, the chief executive 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, based on my knowledge (i) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.






/s/ Michael G. Morris


Michael G. Morris


Chief Executive Officer






October 29, 2010






A signed original of this written statement required by Section 906 has been provided to American Electric Power Company, Inc. and will be retained by American Electric Power Company, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### § 15.203 Antenna requirement.

An intentional radiator shall be designed to ensure that no antenna other than that furnished by the responsible party shall be used with the device. The use of a permanently attached antenna or of an antenna that uses a unique coupling to the intentional radiator shall be considered sufficient to comply with the provisions of this section. The manufacturer may design the unit so that a broken antenna can be replaced by the user, but the use of a standard antenna jack or electrical connector is prohibited. This requirement does not apply to carrier current devices or to devices operated under the provisions of §§ 15.211, 15.213, 15.217, 15.219, 15.221, or § 15.236. Further, this requirement does not apply to intentional radiators that must be professionally installed, such as perimeter protection systems and some field disturbance sensors, or to other intentional radiators which, in accordance with § 15.31(d), must be measured at the installation site. However, the installer shall be responsible for ensuring that the proper antenna is employed so that the limits in this part are not exceeded.

[82 FR 41559, Sept. 1, 2017]
No. 10-11008.

#### Nakagawa *v.*North Range Behavioral Health.

Ct. App. Colo. Certiorari denied.
Exhibit 10.12.2

 

AMENDMENT NO. 2

TO THE

AMENDED AND RESTATED

JANUS CAPITAL GROUP INC.

DIRECTOR DEFERRED FEE PLAN

 

THIS AMENDMENT (this “Amendment”) to the Amended and Restated Janus Capital Group Inc. Director Deferred Fee Plan (as amended through December 19, 2013, the “Plan”) is made as of December 12, 2016.

 

WHEREAS, the Administrative Committee (as undersigned below) has been delegated by the Plan Administrator to carry out certain of the Plan Administrator’s responsibilities under the Plan; and

 

WHEREAS, the Administrative Committee has determined, subject to ratification by the Plan Administrator, to amend the Plan as set forth below.

 

NOW, THEREFORE, the Plan is hereby amended as follows:

 

1.                                     The first sentence of Section 4.02(a) of the Plan is hereby deleted in its entirety and replaced with the following:

 

“Deferral of Monetary Fees. Except as set forth below, an Eligible Director must make a deferral election for a Plan Year with respect to Monetary Fees by December 31st of the Plan Year preceding the Plan Year in which the services are performed for which the Monetary Fees would otherwise be paid.”

 

2.                                     The first sentence of Section 4.02(b) of the Plan is hereby deleted in its entirety and replaced with the following:

 

“Deferral of Stock Fees. Except as set forth below, an Eligible Director must make a deferral election for a Plan Year with respect to Stock Fees by December 31st of the Plan Year preceding the Plan Year in which the services are performed for which the Stock Fees are granted.”

 

3.                                     This Amendment shall be governed by, interpreted under and construed in accordance with the laws of the State of Delaware.

 

4.                                     Except as modified by this Amendment, the Plan is hereby confirmed in all respects.

 

[Signature Page Follows]

 











 

IN WITNESS WHEREOF, this Amendment has been duly executed and delivered as of the date and the year first written above.

 

 

	
 
    	
ADMINISTRATIVE   COMMITTEE OF THE AMENDED AND RESTATED JANUS CAPITAL GROUP INC. DIRECTOR   DEFERRED FEE PLAN
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
/s/ Karlene J. Lacy
    
	
 
    	
Name:
    	
Karlene J. Lacy
    
	
 
    	
Title:
    	
Administrative Committee Member
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
/s/ Sue   Armstrong
    
	
 
    	
Name:
    	
Sue   Armstrong
    
	
 
    	
 Title:
    	
Administrative   Committee Member
    


 

2
Exhibit 32.1

Certification Pursuant To 18 U.S.C. Section 1350 By The Chief Executive Officer,

As Adopted Pursuant To Section 906 Of The Sarbanes-Oxley Act Of 2002.

I, Gerald L.
Storch, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



| | 1. | The Annual Report on Form 10-K of Toys R Us, Inc. (the Company) for the annual period ended January 29, 2011 (the Report) fully
complies with the requirements of Section 13(a) and 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m); and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                                    
|------------------------------------
|March 23, 2011                      
|                                    
|/s/ Gerald L. Storch                
|Gerald L. Storch                    
|Chairman and Chief Executive Officer
|(Principal Executive Officer)
<PAGE>

                                                                    Exhibit 99.1

           Written Statement of President and Chief Executive Officer
  Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section
                                      1350)

     The undersigned, the President and Chief Executive Officer of the Mohegan
Tribal Gaming Authority (the "Authority"), hereby certifies that, to his
knowledge, on the date hereof:

     (a)  the Annual Report on Form 10-K/A of the Authority for the Fiscal Year
          Ended September 30, 2001 filed on the date hereof with the Securities
          and Exchange Commission (the "Report") fully complies with the
          requirements of Section 13(a) or 15(d) of the Securities Exchange Act
          of 1934; and

     (b)  information contained in the Report fairly presents, in all material
          respects, the financial condition and results of operations of the
          Authority.


                                         /s/ William J. Velardo
                                         -----------------------------
                                         William J. Velardo
                                         President and Chief Executive Officer
                                         November 12, 2002
###### Editorial Note on Part 1

#### Editorial Note:

Nomenclature changes to part 1 appear at 63 FR 54077, Oct. 8, 1998.

#### § 1.1155 Schedule of regulatory fees for cable television services.

| | Fee amount |
| --- | --- |
| 1. Cable Television Relay Service | $1,720 |
| 2. Cable TV System, Including IPTV (per subscriber), and DBS (per subscriber) | 1.23 |

Table 1 to § 1.1155

[88 FR 63744, Sept. 15, 2023]
§ 6.11 Information, documentation, and training. ( a ) Manufacturers and service providers shall ensure access to information and documentation it provides to its customers, if readily achievable. Such information and documentation includes user guides, bills, installation guides for end-user installable devices, and product support communications, regarding both the product in general and the accessibility features of the product. Manufacturers shall take such other readily achievable steps as necessary including: ( 1 ) Providing a description of the accessibility and compatibility features of the product upon request, including, as needed, in alternate formats or alternate modes at no additional charge;
( 2 ) Providing end-user product documentation in alternate formats or alternate modes upon request at no additional charge; and
( 3 ) Ensuring usable customer support and technical support in the call centers and service centers which support their products at no additional charge.
( b ) Manufacturers and service providers shall include in general product information the contact method for obtaining the information required by paragraph (a) of this section.
( c ) In developing, or incorporating existing training programs, manufacturers and service providers, shall consider the following topics: ( 1 ) Accessibility requirements of individuals with disabilities;
( 2 ) Means of communicating with individuals with disabilities;
( 3 ) Commonly used adaptive technology used with the manufacturer's products;
( 4 ) Designing for accessibility; and
( 5 ) Solutions for accessibility and compatibility.
[64 FR 63251, Nov. 19, 1999, as amended at 72 FR 43558, Aug. 6, 2007; 73 FR 21252, Apr. 21, 2008]
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

RADAMES SANABRIA,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 162 EAL 2022

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 29th day of November, 2022

, the Petition for Allowance of Appeal

and the Motion Requesting Application for Post Submission Communication are DENIED

.
* 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

August 8, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40195

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

SERGIO GARCIA-MARTINEZ

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:06-CR-897-1

Before DENNIS, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Sergio Garcia-Martinez

raises arguments that are foreclosed by Almendarez-Torres v. United States, 523

U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision

and not a separate criminal offense. The appellant's motion for summary

disposition is GRANTED, and the judgment of the district court is AFFIRMED.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

December 5, 2012

d1128

Order 

December 5, 2012

145410

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 145410

COA: 309911

Cass CC: 11-010094-FH

JAMES MICHAEL WRIGHT,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the application for leave to appeal the May 22, 2012 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the questions presented should be reviewed by this Court.

CAVANAGH, J., would grant leave to appeal.
§ 54.424 Emergency communications support for survivors. ( a ) *Confirmation of subscriber eligibility.* All eligible telecommunications carriers must implement policies and procedures for ensuring that subscribers receiving emergency communications support from the Lifeline program are eligible to receive such support. An eligible telecommunications carrier must not seek reimbursement for providing Lifeline service to a subscriber, based on that subscriber's eligibility to receive emergency communications support, unless the carrier has received from the National Verifier: ( 1 ) Notice that the prospective subscriber meets the eligibility criteria set forth in § 54.409(a)(3).
( 2 ) A copy of the subscriber's certification that complies with the requirements set forth in § 54.410(d).
( 3 ) An eligible telecommunications carrier must securely retain all information and documentation provided by the National Verifier or received from the survivor to document their line separation request as required by § 54.417.
( b ) *Emergency communications support duration.* Qualified survivors shall be eligible to receive emergency communications support for a total of no more than six months. The Administrator will inform eligible telecommunications carriers when participating survivors have reached their limit of allowable emergency communications support. A survivor may seek and receive further emergency communications support if that request is related to a new line separation request and a showing of financial hardship completed by the survivor and confirmed by the National Verifier.
[88 FR 84447, Dec. 5, 2023, as amended at 89 FR 70120, Aug. 29, 2024]
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 23
- 0367 STATE OF MONTANA,

Plaintiff and Appellee, v. EDWIN J. TUFFREE,

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 April 17, 2024, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 12 2024

03/12/2024

Case Number: DA 23-0367
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996             DEC-31-1995
<PERIOD-START>                             JAN-01-1996             JAN-01-1995
<PERIOD-END>                               DEC-31-1996             DEC-31-1995
<CASH>                                           7,007                     481
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   18,257                   5,387
<ALLOWANCES>                                     1,865                     605
<INVENTORY>                                     17,415                   9,773
<CURRENT-ASSETS>                                44,484                  15,624
<PP&E>                                           6,131                   2,118
<DEPRECIATION>                                   1,272                     698
<TOTAL-ASSETS>                                  50,754                  17,162
<CURRENT-LIABILITIES>                            8,332                   3,003
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                            15                      13
<OTHER-SE>                                      41,116                  14,022
<TOTAL-LIABILITY-AND-EQUITY>                    50,754                  17,162
<SALES>                                        108,674                  71,961
<TOTAL-REVENUES>                               112,593                  75,374
<CGS>                                           69,364                  41,210
<TOTAL-COSTS>                                   69,364                  41,210
<OTHER-EXPENSES>                                25,264                  14,472
<LOSS-PROVISION>                                   535                     388
<INTEREST-EXPENSE>                               (191)                     233
<INCOME-PRETAX>                                 18,156                  19,459
<INCOME-TAX>                                     5,526                     297
<INCOME-CONTINUING>                             18,156                  19,459
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<EPS-PRIMARY>                                     0.84                    1.47
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</TABLE>