alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff—Appellee, v. Steven Maurice GADSDEN, a/k/a Stephen Maurice Gadsden, a/k/a Sateven Maurice Gadsden, a/k/a Maurice Wayne Benbow, a/k/a Maurice Benbow, a/k/a Maurice Stevie Benbow, Defendant—Appellant.

No. 03-4554.

United States Court of Appeals, Fourth Circuit.

Submitted March 3, 2004.

Decided March 19, 2004.

David B. Betts, Columbia, South Carolina, for Appellant. James Strom Thurmond, Jr., United States Attorney, Columbia, South Carolina; Lee Ellis Berlinsky, Office of the United States Attorney, Charleston, South Carolina, for Appellee.

Before WIDENER, TRAXLER, and SHEDD, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM.

Steven Maurice Gadsden appeals his convictions and the 300-month sentence imposed after he pled guilty to two counts of using and carrying a firearm during and in relation to a crime of violence (robbery), in violation of 18 U.S.C. § 924(c)(1) (2000). Gadsden’s counsel has filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), raising one issue but stating that, in his view, there are no meritorious issues for appeal. Gadsden has filed a pro se supplemental brief. We affirm.

Counsel questions whether the district court fully complied with the mandates of Rule 11 of the Federal Rules of Criminal Procedure in accepting Gadsden’s guilty plea. Because Gadsden did not move in the district court to withdraw his guilty plea, we review his challenge to the adequacy of the Rule 11 hearing for plain error. *See United States v. Martinez,*277 F.3d 517, 525 (4th Cir.) (providing standard of review), *cert. denied,*537 U.S. 899, 123 S.Ct. 200, 154 L.Ed.2d 169 (2002). Our review of the record convinces us that there is no plain error.

In his pro se supplemental brief, Gadsden contends that counsel improperly advised him to plead guilty to the § 924(c) offenses. However, “[i]neffective assistance claims are not cognizable on direct appeal unless counsel’s ineffectiveness conclusively appears on the record.” *United States v. James,*337 F.3d 387, 391 (4th Cir.2003), *cert. denied,*— U.S. -, 124 S.Ct. 1111, 157 L.Ed.2d 939 (2004). Because Gadsden has failed to meet this high standard, we decline to address his ineffective assistance of counsel claim on direct appeal.

In accordance with *Anders,*we have reviewed the entire record for any meritorious issues and have found none. Accordingly, we affirm Gadsden’s convictions and sentence. This court requires that counsel inform his client, in writing, of his right to petition the Supreme Court of the United States for further review. If the client requests that a petition be filed, but coun*43sel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on the client. 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*
#### § 26.107 Restrictions on the operation of stations.

Stations in the Space Launch Services may operate in a particular frequency band only if they have been registered pursuant to this subpart and cleared to operate in that frequency band by the space launch frequency coordinator using the frequency coordination process set forth in subpart C of this part.
No. 11-5723.

#### Stillis *v.*United States.

C. A. 3d Cir. Cer-tiorari denied.
[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 24-12342

Non-Argument Calendar

____________________

JOHN THOMAS SCHOOLCRAFT, 

Petitioner-Appellant,

versus

WARDEN, G.S.P., 

Respondent-Appellee.

____________________

Appeal from the United States District Court

for the Southern District of Georgia

D.C. Docket No. 2:19-cv-00087-LGW-BWC

____________________

USCA11 Case: 24-12342 Document: 9-1 Date Filed: 09/06/2024 Page: 1 of 2
2 Opinion of the Court 24-12342

Before LAGOA, BRASHER, and ABUDU, Circuit Judges.

PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdiction 

because John Schoolcraft’s notice of appeal is untimely to challenge 

the district court’s June 3, 2024 order denying his motion for relief 

from the final judgment. See Green v. Drug Enf’t Admin., 606 F.3d 

1296, 1300 (11th Cir. 2010). Even if Schoolcraft’s notice of appeal 

is deemed filed on July 12, 2024 under the prison mailbox rule, the 

notice is untimely because the deadline to appeal the district court’s 

June 3, 2024 order was July 3, 2024. See Fed. R. App. P. 4(a)(1)(A); 

28 U.S.C. § 2107(a); Jeffries v. United States, 748 F.3d 1310, 1314 (11th 

Cir. 2014) (noting that a pro se prisoner’s notice of appeal is deemed 

filed on the date he delivers it to prison authorities for mailing, but 

if that date is unknown and there is not contrary evidence, the notice is deemed filed on the date he signed it). Furthermore, there is 

no basis in the record for relief under Federal Rules of Appellate 

Procedure 4(a)(5) or 4(a)(6). See 28 U.S.C. § 2107(c); 

Fed. R. App. P. 4(a)(5), (6).

All pending motions are DENIED as moot. No petition for 

rehearing may be filed unless it complies with the timing and other 

requirements of 11th Cir. R. 40-3 and all other applicable rules. 

USCA11 Case: 24-12342 Document: 9-1 Date Filed: 09/06/2024 Page: 2 of 2
Exhibit 31.2
 CERTIFICATION PURSUANT TO RULE 13a-14(a) or 15d-14(a) OF THE
SECURITIES EXCHANGE ACT OF 1934, AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q for the period ended June 30, 2009 of
Zap.Com Corporation;2.
    
    Based on my knowledge, this 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 registrant as of, and for the periods presented
in this report;4.
    
    The registrants other certifying officer(s) 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)) and internal control over financial reporting (as defined in Exchange Act
Rules 13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
    /s/ Leonard DiSalvo

Leonard DiSalvo
Vice President  Finance and Chief Financial Officer
No. 11-1025.

#### Clapper, Director of National Intelligence, et al. v. *Amnesty*International USA et al.

C. A. 2d Cir. Certiorari granted.
<PAGE>   1
                                                                    EXHIBIT 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 333-06297) of ArthroCare Corporation, of our report
dated January 27, 1999 appearing on page 40 of this Form 10-K. We also consent
to the application of such report to the Financial Statement Schedule for the
three years ended January 2, 1999 when such schedule is read in conjunction with
the financial statements referred to in our report. The audits referred to in
such report also include these schedules.


PricewaterhouseCoopers LLP
San Jose, California
April 2, 1999
#### § 60-1.31 Reinstatement of ineligible contractors.

A contractor debarred from further contracts for an indefinite period under the Order may request reinstatement in a letter filed with the Director at any time after the effective date of the debarment. A contractor debarred for a fixed period may request reinstatement in a letter filed with the Director 30 days prior to the expiration of the fixed debarment period, or at any time thereafter. The filing of a reinstatement request 30 days before a fixed debarment period ends will not result in early reinstatement. In connection with the reinstatement proceedings, all debarred contractors shall be required to show that they have established and will carry out employment policies and practices in compliance with the Order and implementing regulations. Before reaching a decision, the Director may conduct a compliance evaluation of the contractor and may require the contractor to supply additional information regarding the request for reinstatement. The Director shall issue a written decision on the request.

[62 FR 44192, Aug. 19, 1997]
No. 11-5661.

#### Smith *v.*United States.

C. A. 8th Cir. Cer-tiorari denied.
- 440 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports

REVEIZ v . EL-KASABY Cite as 305 Neb. 440

Elena Reveiz, appellant, v. Bassel El-Kasaby, appellee. ___ N.W.2d ___ Filed April 3, 2020. No. S-19-278. Appeal from the District Court for Douglas County: J Russell Derr , Judge. Affirmed. Denise E. Frost, of Johnson & Mock, P.C., L.L.O., for appellant. Cathy S. Trent-Vilim, and, on brief, Stacy L. Morris and Kate Geyer Johnson, of Lamson, Dugan & Murray, L.L.P., for appellee.
Heavican , C.J., Miller

- Lerman , Cassel , Stacy, Funke , and Freudenberg , JJ. Per Curiam

. The February 19, 2019, order of the Douglas County District Court is affirmed by an equally divided court. Affirmed. Papik , J., not participating. Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 05/01/2020 01:07 AM CDT
§ 32.7230 Operating state and local income taxes. ( a ) This account shall be charged and Account 4070, Income Taxes—Accrued, shall be credited for the amount of state and local income taxes for the current period. This account shall also reflect subsequent adjustments to amounts previously charged.
( b ) Taxes should be accrued each month on an estimated basis and adjustments made as later data becomes available.
( c ) No entries shall be made to this account to reflect interperiod tax allocations.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4775 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4775

     For the relief of Vincente Babauta Jesus and Rita Rios Jesus.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 1994

Mr. Underwood introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     For the relief of Vincente Babauta Jesus and Rita Rios Jesus.

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

SECTION 1. PAYMENT OF CLAIM.

    The Secretary of the Treasury shall pay, out of any money in the 
Treasury not otherwise appropriated, to Vincente Babauta Jesus and Rita 
Rios Jesus of Spanaway, Washington, the sum of $300,000. The payment 
required by this section shall be in full satisfaction of all claims 
that Vincente Babauta Jesus or Rita Rios Jesus may have arising from 
the death of their daughter, Gloria Jean Jesus, on June 29, 1990, on 
the USS Samuel Gompers as a result of negligent medical care.

SEC. 2. LIMITATION ON AGENT AND ATTORNEY FEES.

    It shall be unlawful for an amount exceeding 10 percent of the 
payment required by section 1 to be paid to or received by any agent or 
attorney for any service rendered in connection with the payment. Any 
person who violates this section shall be guilty of an infraction and 
shall be subject to a fine in the amount provided in title 18, United 
States Code.
                                 <all>
```
----

            COMMISSION DECISION         

of 20 June 2005         

amending Decision 92/452/EEC as regards embryo collection teams in New Zealand and the United States of America

(notified under document number C(2005) 1812)

(Text with EEA relevance)

(2005/450/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (1), and in particular Article 8(1) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 92/452/EEC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 24 June 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 June 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 302, 19.10.1989, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)OJ L 250, 29.8.1992, p. 40. Decision as last amended by Decision 2005/29/EC (OJ L 15, 19.1.2005, p. 34).

----

ANNEX

The Annex to Decision 92/452/EEC is amended as follows:

----
§ 54.414 Reimbursement for Tribal Link Up. ( a ) Eligible telecommunications carriers that are receiving high-cost support, pursuant to subpart D of this part, may receive universal service support reimbursement for the reduction in their customary charge for commencing telecommunications service and for providing a deferred schedule for payment of the customary charge for commencing telecommunications services for which the subscriber does not pay interest, in conformity with § 54.413.
( b ) In order to receive universal support reimbursement for providing Tribal Link Up, eligible telecommunications carriers must follow the procedures set forth in § 54.410 to determine an eligible resident of Tribal lands' initial eligibility for Tribal Link Up. Eligible telecommunications carriers must obtain a certification form from each eligible resident of Tribal lands that complies with § 54.410 prior to enrolling him or her in Tribal Link Up.
( c ) In order to receive universal service support reimbursement for providing Tribal Link Up, eligible telecommunications carriers must keep accurate records of the reductions in their customary charge for commencing telecommunications service and for providing a deferred schedule for payment of the charges assessed for commencing service for which the subscriber does not pay interest, in conformity with § 54.413. Such records shall be kept in the form directed by the Administrator and provided to the Administrator at intervals as directed by the Administrator or as provided in this subpart. The reductions in the customary charge for which the eligible telecommunications carrier may receive reimbursement shall include only the difference between the carrier's customary connection or interest charges and the charges actually assessed to the subscriber receiving Lifeline services.
[77 FR 12973, Mar. 2, 2012, as amended at 88 FR 34783, May 31, 2023]
##### 



Exhibit 31.2
 CERTIFICATION OF CFO AS REQUIRED BY RULE 13a-14 or 15d-14 OF
THE SECURITIES EXCHAGE ACT OF 1934, AS ADOPTED PURSUANT
TO SECTION 302 OF THESARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Zap.Com Corporation;2.
    
    Based on my knowledge, this 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 registrant as of, and for, the periods
presented in this report;4.
    
    The registrants other certifying officer(s) 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 registrant and have:
    5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
    /s/ Leonard DiSalvoLeonard DiSalvoVice President  Finance and CFO
EXHIBIT 32.3

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, David K. Spohr, Vice President and Director of Fund Administration of the Managing Owner, Preferred
Investment Solutions Corp. (the Managing Owner), of Futures Strategic Trust (the Trust), hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Trusts Annual Report on Form 10-K for the period ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Annual
Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                                                  
|--------------------------------------------------
|/s/ David K. Spohr                                
|David K. Spohr                                    
|Vice President and Director of Fund Administration
|March 31, 2006
EXHIBIT 32.1

Certification Pursuant to 18 U. S. C. Section 1350,

As Adopted Pursuant

Section 906 of Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Matrix Service Company (the Company) on Form 10-K for the period ending June 30,
2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael J. Bradley, President and Chief Executive 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 based on my knowledge:



| | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 as amended; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------



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

Date: September 28, 2010



|                                                                                                                        
|------------------------------------------------------------------------------------------------------------------------
|                                                                                                                        
|/s/ Michael J. Bradley
________________________________________
Michael J. Bradley
President and Chief Executive Officer



| |  |  |  | 
| |  |  |  | 
| |  |  |  |
#### William Boyd, Sr., appellee, v. Lincoln & Northwestern Railroad Company et al., appellants.

Filed November 13, 1912.

No. 16,468.

Opinion on motion for rehearing of case reported in 89 Neb. 840.

*Rehearing denied.*

Sedgwick, J.

A statement of the issues in the case may be found in our former opinion, 89 Neb. 840. In the argument upon the motion for rehearing the question discussed was *435whether the grades of the defendant company caused the overflow on the plaintiff’s land, and in determining this question it was thought that the principal, if not substantially the only, question ' involved was whether the water at the time the damage was caused was substantially higher on the south side than on the north side of the grade, so much so as to justify the conclusion that this grade must have caused the overflow on the plaintiff’s land. The parties have submitted memoranda briefs upon this point. They have quoted the evidence from the record bearing upon it, with references to the record, and to the exhibits showing the elevations at-the grade, and at the plaintiff’s laúd and other points. While the evidence is quite voluminous, it must be conceded that upon the points so presented it is unsatisfactory and in some respects conflicting. It is impracticable to present an analysis of this testimony, and, while we might not have reached the conclusion of the jury, we cannot see that there is not sufficient substantial evidence in this record to support their verdict. The motion for rehearing is therefore

Overruled.

Barnes, J., dissents.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 215

_____________________________ G RIFFIN B ILLINGSLEY , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Leon County

. Angela C. Dempsey , Judge

. April 6, 2018

P ER C URIAM

.
A FFIRMED

.
L EWIS , R OBERTS , and J AY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Joseph C. Bodiford and Gannon M. Coens of Bodiford Law, P.A., Tallahassee
, for Appellant.

Pamela Jo Bondi, Attorney General, Steven E. Woods, Assista nt Attorney General, Tallahassee
, for Appellee.
# iCollege Positions Posted on USAJobs - Open Until Aug 8

/ Published July 11, 2016

The National Defense University, Information Resources Management College invites interested persons to apply for the following Title X positions posted at USAJobs.gov.

1)      Assistant Dean of Academics for Learning and Assessment, AD-1701-03 

2)      Associate Professor of Practice/Professor of Practice (Government Financial Management and Leadership), AD-301-03/04 (2 vacancies)

Both positions will be advertised by OPM from 7/11/2016 to 8/8/2016.  If you are interested or know of anyone qualified who may be interested, please see below links for additional information and provide widest dissemination.  

https://www.usajobs.gov/GetJob/ViewDetails/443580900/

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Thank you.