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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7453

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ANTHONY BRYAN,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Elizabeth V. Hallanan, Senior

District Judge. (CR-96-76, CA-97-1113-5)

Submitted: January 7, 1999 Decided: January 26, 1999

Before WIDENER, MURNAGHAN, and ERVIN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anthony Bryan, Appellant Pro Se. Michael Lee Keller, OFFICE OF THE

UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Anthony Bryan seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp.

1998). We have reviewed the record and the district court’s opinion agreeing with the magistrate judge’s report and recommendation

and find no reversible error. Accordingly, we deny a certificate

of appealability and dismiss the appeal on the reasoning of the

district court. See United States v. Bryan, Nos. CR-96-76; CA-97-

1113-5 (S.D.W. Va. Sept. 23. 1998). 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
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TERRY LEE SNELL, JR.,

Plaintiff,

v.

COMMISSIONER OF SOCIAL

SECURITY,

Defendant.

 /

Case No. 15-11063

Honorable Nancy G. Edmunds

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [15],

DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [14], GRANTING

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [13], AND REMANDING CASE

TO COMMISSIONER OF SOCIAL SECURITY

This matter comes before the Court on the Magistrate Judge’s Report and

Recommendation. (Dkt. 15.) The Magistrate Judge recommends denying Defendant’s

motion for summary judgment (Dkt. 14), granting Plaintiff’s motion for summary judgment

(Dkt. 13), and remanding the case to the Commissioner under sentence four of 42 U.S.C.

§ 405(g). Neither party has filed objections. “[T]he failure to object to the magistrate judge’s

report[] releases the Court from its duty to independently review the matter.” Hall v. Rawal,

09-10933, 2012 WL 3639070, at *1 (E.D.Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474

U.S. 140 (1985)). Nevertheless, the Court agrees with the Magistrate Judge’s

recommendation. 

Being fully advised in the premises, having read the pleadings, and for the reasons

set forth above, the Court ACCEPTS and ADOPTS the Magistrate Judge’s report and

recommendation, and therefore GRANTS Plaintiff’s motion for summary judgment, DENIES

2:15-cv-11063-NGE-PTM Doc # 16 Filed 03/22/16 Pg 1 of 2 Pg ID 676
Defendant’s motion for summary judgment, and REMANDS the case to the Commissioner

of Social Security pursuant to 42 U.S.C. § 405(g).

SO ORDERED.

S/Nancy G. Edmunds 

Nancy G. Edmunds

United States District Judge

Dated: March 22, 2016

I hereby certify that a copy of the foregoing document was served upon counsel of

record on March 22, 2016, by electronic and/or ordinary mail.

S/Carol J. Bethel 

Case Manager

2

2:15-cv-11063-NGE-PTM Doc # 16 Filed 03/22/16 Pg 2 of 2 Pg ID 677
Exhibit 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                                   AS ADDED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Quarterly Report of Jacksonville Bancorp, Inc. (the
"Company") on Form 10-QSB for the period ended September 30, 2003, as filed with
the Securities and Exchange Commission (the "Report"), I, Gilbert J. Pomar, III,
President and Chief Executive  Officer of the Company,  certify,  pursuant to 18
U.S.C.ss. 1350, as added by ss. 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; and

2.    To my knowledge,  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:  November 14, 2003          By: /s/ Gilbert J. Pomar, III
       -----------------              ------------------------------------------
                                      Gilbert J. Pomar, III, President and Chief
                                      Executive Officer
<PAGE>   1
                                                                      EXHIBIT 23


INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement Nos.
333-03267, 333-19095, 333-33043, 333-33045 on Form S-8 and 333-33057, 333-33061
on Form S-3 of DecisionOne Holdings Corp. of our reports dated August 15, 1997
appearing in this Annual Report on Form 10-K of DecisionOne Holdings
Corp. and DecisionOne Corporation for the year ended June 30, 1997.


Deloitte & Touche LLP


Philadelphia, Pennsylvania
September 29, 1997
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 

F I L E D

United States Court of Appeals

Tenth Circuit

JUL 18 2003

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

ERNEST GLENN AMBORT,

Defendant-Appellant.

No. 03-4117

(D.C. No. 2:98-CR-197-DB)

(D. Utah)

ORDER AND JUDGMENT*

Before EBEL, KELLY, and HARTZ, Circuit Judges.

Ernest Glenn Ambort appeals the district court’s ruling ordering appellant

retained at a halfway house pending sentencing. Appellant was convicted by a

jury of one count of conspiracy to defraud the United States, in violation of

18 U.S.C. § 371, and sixty-nine counts of aiding and assisting in the preparation

of false tax returns, in violation of 26 U.S.C. § 7206(2). At the verdict hearing,
-2-

appellant was given a choice by the district court between returning to the

halfway house to which he had been committed pending trial and going to jail

pending sentencing, which is scheduled for July 29, 2003. We have jurisdiction

over this appeal pursuant to 28 U.S.C. § 1291. See United States v. Storey, 2 F.3d

1037, 1040 (10th Cir. 1993). “Appellate review of detention or release orders is

plenary as to mixed questions of law and fact and independent, with due

deference to the district court’s purely factual findings.” United States v.

Stricklin, 932 F.2d 1353, 1355 (10th Cir. 1991). 

Following appellant’s conviction, 18 U.S.C. § 3143(a) requires that he “be

detained” pending sentencing “unless the judicial officer finds by clear and

convincing evidence that the person is not likely to flee or pose a danger to the

safety of any other person or the community if released under section 3142(b) or

(c).” Appellant argues that the district court impliedly found that he was not a

flight risk or a danger to the community because the district court allowed him to

choose the halfway house instead of detention in the county jail, and complains

that the district court failed to make findings in support of the conditions imposed

upon him at the halfway house. 

Appellant’s arguments are precluded by the doctrine of invited error. See

United States v. Burson, 952 F.2d 1196, 1203 (10th Cir. 1991) (invited error

doctrine “prevents a party who induces an erroneous ruling from being able to
-3-

have it set aside on appeal”). At the time the verdict was announced, appellant

specifically sought to remain at the halfway house, and did not object to the

court’s granting him that request. The district court’s order denying appellant’s

request for release pending appeal is AFFIRMED.

ENTERED BY THE COURT

PER CURIAM
**EXHIBIT 32.1**

 

**CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (SUBSECTIONS (A) AND (B) OF SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE)**

 

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Fusion Telecommunications International, Inc., a Delaware corporation (the "Company"), does hereby certify that:

 

The Quarterly Report on Form 10-Q for the quarter ended June 30, 2010, (the "Form 10-Q") of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

> 
**FUSION TELECOMMUNICATIONS INTERNATIONAL, INC.**

August 16, 2010             By: / s / **MATTHEW D. ROSEN**

                                                 Matthew D. Rosen

                                                 Chief Executive Officer

August 16, 2010             By: / s / **GORDON HUTCHINS, JR.**

                                                 Gordon Hutchins, Jr.

                                                 President, Chief Operating Officer, and Acting Chief Financial Officer

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.
#### § 172.180 Extent of damage.

For the purpose of [§ 172.170](/on/2024-09-23/title-46/section-172.170)—

(a) Design calculations must include both side and bottom damage, applied separately; and

(b) Damage must consist of the penetrations having the dimensions given in Table [172.180](/on/2024-09-23/title-46/section-172.180) except that, if the most disabling penetrations would be less than the penetrations given in Table [172.180](/on/2024-09-23/title-46/section-172.180), the smaller penetration must be assumed.

Table [172.180](/on/2024-09-23/title-46/section-172.180)—Extent of Damage

| **Collision Penetration** | |
| Longitudinal extent | 0.495L2/3 or 47.6 feet ((1/3)L2/3 or 14.5m) whichever is shorter. |
| Transverse extent1 | B/5 or 37.74 feet (11.5m)2 whichever is shorter. |
| Vertical extent | From the baseline upward without limit. |
| **Grounding Penetration at the Forward End But Excluding Any Damage Aft of a Point 0.3L Aft of the Forward Perpendicular** | |
| Longitudinal extent | 0.495L2/3 or 47.6 feet ((1/3)L2/3 or 14.5m) whichever is shorter. |
| Transverse extent | B/6 or 32.81 feet (10m) whichever is shorter. |
| Vertical extent from the molded line of the shell at the centerline | B/15 or 6.6 feet (2m) whichever is shorter. |
| **Grounding Penetration At Any Other Longitudinal Position** | |
| Longitudinal extent | L/10 or 16.41 feet (5m) whichever is shorter. |
| Transverse extent | B/6 or 16.41 feet (5m) whichever is shorter. |
| Vertical extent from the molded line of the shell at the centerline | B/15 or 6.6 feet (2m) whichever is shorter. |
| | |
| --- | --- |
| 1 Damage applied inboard from the vessel's side at right angles to the centerline at the level of the summer load line assigned under Subchapter E of this chapter. | |
| 2 B is measured amidships. | |
Case 2:15-cv-11080-MOB-APP ECF No. 1-1, PageID.26 Filed 03/23/15 Page 1 of 1
THE NAVAJO NATION BEN SHELLY PRESIDENT 

REX LEE JIM VICE PRESIDENT 

ENVIRONMENTAL PROTECTION AGENCY 

OFFICE OF THE EXECUTIVE DIRECTOR 

PO BOX 339 WI DOW ROCK ARIZONA 86515 

Office: 928/871-7692 

Fax: 928/871-7996 

http://www.navajonationepa.org 

VIA EMAIL 

August 28,2014 

Janet McCabe 

Environmental Protection Agency 

Acting Assistant Administrator 

Air and Radiation Docket 

Ma ilcode: 2822T 

1200 Pennsylvania Avenue NW 

Washington, DC 20460 

RE: Confirmation of Government-to-Government Consultation with the U.S. 

Environmental Protection Agency ("USEPA") on September 15, 2014 Regar·ding 

USEPA's Proposed Clean Power Plan for Existing Power Plants and Anticipated 

Supplemental Rulemaking 

Dear Ms. McCabe: 

This letter is to confirm the Navajo Nation's participation in the government-to-government 

consultation with USEPA concerning USEPA's proposed clean power plan for existing power 

plants and anticipated supplemental ruling, which is scheduled for Monday, September 15, 2014 

at I pm in Santa Fe, NM. 

Please contact me via email to confirm the exact location for this meeting. I can be reached at 

stephenbetsitty@navajo-nsn.gov. 

Ifyou have any questions, please fee l free to contact me via email or at 928-871-7800. 

Sincere ~ 

!!\(/( tephe~ Etsitty 

Executive Director
§ 25.25-15 Retroreflective material for personal flotation devices. ( a ) Each life preserver, each marine buoyant device intended to be worn, and each buoyant vest carried on a vessel must have Type I retroreflective material that is approved under subpart 164.018 of this chapter.
( b ) Each item required to have retroreflective material must have at least 200 sq. cm (31 sq. in.) of material attached to its front side, at least 200 sq. cm of material on its back side, and, if the item is reversible, at least 200 sq. cm of material on each of its reversible sides. The material attached on each side of the item must be divided equally between the upper quadrants of the side, and the material in each quadrant must be attached as closely as possible to the shoulder area of the item.
[CGD 76-028, 44 FR 38783, July 2, 1979, as amended by CGD 82-075a, 49 FR 4483, Feb. 7, 1984]
[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Notices]
[Pages 21246-21247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2096]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Meeting of the Uniform Formulary Beneficiary Advisory Panel

AGENCY: Department of Defense, Assistant Secretary of Defense (Health 
Affairs).

ACTION: Notice of meeting.

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

SUMMARY: This notice announces a meeting of the Uniform Formulary 
Beneficiary Advisory Panel. The panel will review and comment on 
recommendations made to the Director, TRICARE Management Activity, by 
the Pharmacy and Therapeutics Committee regarding the Uniform 
Formulary. The meeting will be open to the public. Seating is limited 
and will be provided only to the first 220 people signing in. All 
persons must sign in legibly. Notice of this meeting is required under 
the Federal Advisory Committee Act.

DATES: Thursday, June 21, 2007, from 8 a.m. to 4 p.m.

ADDRESSES: Naval Heritage Center Theater, 701 Pennsylvania Avenue, NW., 
Washington, DC 20004

FOR FURTHER INFORMATION CONTACT: Major Travis Watson, TRICARE 
Management Activity, Pharmaceutical Operations Directorate, Beneficiary 
Advisory Panel, Suite 810, 5111 Leesburg Pike, Falls Church, VA 22041, 
telephone 703-681-2890, fax 703-681-1940, or e-mail at 
<a href="/cdn-cgi/l/email-protection#caa8abbab8afbbbfafb9beb98abea7abe4a5b9aee4a7a3a6"><span class="__cf_email__" data-cfemail="bfdddecfcddacecadacccbccffcbd2de91d0ccdb91d2d6d3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Uniform Formulary Beneficiary Advisory 
Panel will only review and comment on the development of the Uniform 
Formulary as reflected in the recommendations of the DOD Pharmacy and 
Therapeutics (P&T) Committee coming out of that body's meeting in May 
2007. The P&T Committee information and subject matter concerning drug 
classes reviewed for that meeting are available at http://pec.ha.osd.mil. Any private citizen is permitted to file a written 
statement with the advisory panel. Statement must be submitted 
electronically to <a href="/cdn-cgi/l/email-protection#f59794858790848090868186b5819894db9a8691db989c99"><span class="__cf_email__" data-cfemail="9af8fbeae8ffebefffe9eee9daeef7fbb4f5e9feb4f7f3f6">[email protected]</span></a> no later than June 14, 2007. 
Any private citizen is permitted to speak at the Beneficiary Advisory 
Panel meeting, time permitting. One hour will be reserved for public 
comments, and speaking times will be assigned only to the first twelve 
citizens to sign up at the meeting, on a first-come, first-served 
basis. The amount of time allocated to a speaker will not exceed five 
minutes.


[[Page 21247]]


    Dated: April 24, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
[FR Doc. 07-2096 Filed 4-27-07; 8:45 am]
BILLING CODE 5001-06-M


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<PAGE>

                                                                    Exhibit 99.1

                            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 Quarterly Report of Jacksonville Bancorp, Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), we,
Gilbert J. Pomar, III, President and Chief Executive Officer, and Cheryl L.
Whalen, Executive Vice President and Chief Financial Officer, certify, pursuant
to 18 U.S.C. Section 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; 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:  August 14, 2002               By:  /s/ Gilbert J. Pomar, III
      -----------------------            ---------------------------------------
                                            Gilbert J. Pomar, III, President and
                                              Chief Executive Officer


Date:  August 14, 2002               By:  /s/ Cheryl L. Whalen
      -----------------------            ---------------------------------------
                                            Cheryl L. Whalen, Executive Vice
                                              President and Chief Financial
                                              Officer
Order entered December 3, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-01202-CV

IN RE THE COMMITMENT OF STEVEN EDWARD MENDOZA

On Appeal from the 363rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. CV1770003

ORDER

The reporter’s record in this appeal was requested on July 5, 2018 and first due August 

10, 2018. When it had not been filed by October 16, 2018, we directed the court reporter to file 

the record no later than November 15, 2018. To date, however, the record has not been filed.

Accordingly, we ORDER court reporter Debi Harris to file the record no later than 

December 17, 2018. As appellant has filed a declaration of inability to pay cost, the record shall 

be prepared without payment of costs. See TEX. R. CIV. P. 145.

We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Tracy 

Holmes, Presiding Judge of the 363rd Judicial District Court; Ms. Harris; and, the parties.

/s/ DAVID EVANS 

JUSTICE
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                                            <C>
<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                              OCT-31-1998
<PERIOD-START>                                 NOV-01-1997
<PERIOD-END>                                   OCT-31-1998
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  2,458,798
<ALLOWANCES>                                   215,000
<INVENTORY>                                    1,359,954
<CURRENT-ASSETS>                               4,244,507
<PP&E>                                         3,780,635
<DEPRECIATION>                                 1,657,206
<TOTAL-ASSETS>                                 6,524,043
<CURRENT-LIABILITIES>                          4,471,659
<BONDS>                                        3,882,804
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       4,000
<OTHER-SE>                                     (932,082)
<TOTAL-LIABILITY-AND-EQUITY>                   6,524,043
<SALES>                                        25,853,791
<TOTAL-REVENUES>                               25,853,791
<CGS>                                          24,090,666
<TOTAL-COSTS>                                  24,090,666
<OTHER-EXPENSES>                               2,488,830
<LOSS-PROVISION>                               53,391
<INTEREST-EXPENSE>                             363,445
<INCOME-PRETAX>                                (1,102,029)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (1,102,029)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (1,102,029)
<EPS-BASIC>                                    (.17)
<EPS-DILUTED>                                  0



</TABLE>
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNITED
PAN-EUROPE COMMUNICATIONS N.V.'S FORM 10-Q FOR THE QUARTER ENDED MARCH 31, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> NETHERLANDS GUILDERS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<EXCHANGE-RATE>                                   2.05 
<CASH>                                       1,146,052
<SECURITIES>                                         0
<RECEIVABLES>                                   91,185
<ALLOWANCES>                                   (8,362)
<INVENTORY>                                     40,388
<CURRENT-ASSETS>                             1,342,214
<PP&E>                                       1,528,580
<DEPRECIATION>                               (139,881)
<TOTAL-ASSETS>                               5,003,572
<CURRENT-LIABILITIES>                          485,887
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        85,446
<OTHER-SE>                                   3,071,046
<TOTAL-LIABILITY-AND-EQUITY>                 5,003,572
<SALES>                                              0
<TOTAL-REVENUES>                               148,820
<CGS>                                                0
<TOTAL-COSTS>                                (234,598)
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (38,245)
<INCOME-PRETAX>                              (140,471)
<INCOME-TAX>                                     (368)
<INCOME-CONTINUING>                          (140,539)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (140,539)
<EPS-PRIMARY>                                   (1.31)
<EPS-DILUTED>                                   (1.31)
        

</TABLE>