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### UNPUBLISHED



# UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT



#  U NITED S TATES OF A MERICA ,

Plaintiff-Appellee,

v. No. 03-4232



# 

J OSEPH A. M ANN ,

Defendant-Appellant. 

# 

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge.

(CR-02-156)

Submitted: September 9, 2003
Decided: September 25, 2003

Before WILKINSON, WILLIAMS, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

COUNSEL

Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Frank D. Whitney, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Christine Witcover Dean,Assistant United States Attorney, Raleigh, North Carolina, for Appellee.Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

OPINION

PER CURIAM: Joseph Mann appeals his convictions and sentences for interference with interstate commerce by means of robbery, in violation of the Hobbs Act, 18 U.S.C. § 1951 (2000) ("the Hobbs Act"), and brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A) (2000). On appeal, Mann asserts his conviction under the Hobbs Act was unconstitutional because the Government was required to prove his actions had an impact on interstate commerce that was substantial, but failed to do so. Accordingly, he asserts his robbery conviction cannot stand, and his conviction for brandishing a firearm during the robbery cannot stand. We review these claims de novo. United States v. Sun
, 278 F.3d 302, 308 (4th Cir. 2002). Mann’s claims are meritless. The Hobbs Act contains a jurisdictional element requiring a case-by-case determination regarding whether the defendant’s conduct impacted interstate commerce. Thus, the Government must prove, as it did here, that the defendant’s actions impacted interstate commerce, not that the impact was substantial. See 18 U.S.C. § 1951(a) (2000); United States v. Williams , No. 02-4344, ___ F.3d ___, 2003 WL 22038949, at **3 (4th Cir. Aug. 29, 2003); United States v. Bailey , 990 F.2d 119, 125 (4th Cir. 1993); United States v. Brantley , 777 F.2d 159, 162 (4th Cir. 1985); see also United States v. Morrison , 529 U.S. 598, 613 (2000); Jones v. United States , 529 U.S. 848, 856 (2000); United States v. Lopez , 514 U.S. 549, 561 (1995). Consequently, Mann establishes no error in his convictions under 18 U.S.C. § 1951 (2000) and 18 U.S.C. § 924(c)(1)(A) (2000).Accordingly, we affirm Mann’s convictions and sentences. 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 in the decisional process.
AFFIRMED 2 U NITED S TATES v. M ANN
No. 51290.

#### Protests 37858-K, etc., of B. Filippone & Co., Inc., et al. (New York).

Opinion by

Keepe, J.

It was stipulated that certain items of the merchandise consist of cheese similar in all material respects to that the subject of *Scaramelli*v. *United States*(9 Cust. Ct. 270, C. D. 706), Abstract 42146, and Abstract 48269. In accordance therewith it was held that an allowance of *2%*percent should have been made in the weight of the cheese by the collector in computing the duty thereon to compensate for the weight of the inedible coverings on the outside of the cheese. The protests were sustained to this extent.
Exhibit 32.1
  **CERTIFICATION**
  Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended, (the "Exchange Act") and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), **** Jeffrey Staszak, Chief Executive Officer of Volterra Semiconductor Corporation (the "Company") hereby certifies that, to the best of his knowledge:
 ****
 **1.**  The Companys Quarterly Report on Form 10-Q for the period ended June 30, 2004, to which this Certification is attached as Exhibit 32.1 (the "Periodic Report"), fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act; and
 ****
 **2.**  The information contained in the Periodic Report fairly presents, in all material respects, the financial condition of the Company at the end of the period covered by the Periodic Report and results of operations of the Company for the period covered by the Periodic Report.
 
 **In Witness Whereof** , the undersigned has set his hand hereto as of the 8th day of September, 2004.
  ****/s/ Jeffrey StaszakJeffrey Staszak
Chief Executive Officer
 This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of Volterra Semiconductor Corporation under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
# South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91 765-41 78 (909) 396-2000 • www.aqmd.gov

Mr. James Goldstene Executive Officer California Air Resources Board 1001 I Street Sacramento, CA 95812 February 6, 2013 Office of the Executive Officer Barry R. Wallerstein,D. Env. 909.396 .2100,fax 909.396.3340

Submittal ofControl Measure IND-O 1 in the 2012 Air Quality Management Plan Dear Mr. Goldstene, At its December 7, 2012 meeting, the South Coast Air Quality Management District (SCAQMD) Governing Board adopted the 2012 Air Quality Management Plan (AQMP or Plan) with a motion to delay approval ofControl Measure IND-O 1 (Backstop Measurefor Indirect Sources of Emissionsfrom Ports andPort-RelatedFacilities) until the February 1, 2013 Governing Board meeting. The adopted Final2012 AQMP was forwarded to the California Air Resources Board (CARB) on December 20, 2012 with subsequent approval at its January 25, 2013 Board meeting. On February 1, 2013, the SCAQMD Governing Board approved Control Measure IND-01 for inclusion in the Final2012 AQMP. This letter is the formal submission ofControl Measure IND-O 1to CARB for its approval and subsequent submittal to the U.S. Environmental Protection Agency (EPA) as part ofthe PM2.5 State Implementation Plan (SIP). See attachment for the control measure text, which will be included in Appendix IV-A ofthe Final2012 Plan. Further, the approval ofControl Measure IND-01, as originally proposed, does not change the analysis in the Final2012 Plan. In order to assist in your review and approval process, the following documents are being submitted in hardcopy. • Control Measure IND-O 1 (Backstop Measurefor Indirect Sources of Emissions from Ports andPort-RelatedFacilities)Mr. James Goldstene Page 2 February 6, 2013

• Governing Board Adoption Resolution 13-1 approving Control Measure IND-O 1 (Backstop Measurefor Indirect Sources of Emissions from Ports andPort-RelatedFacilities) for submittal into the 2012 AQMP SIP. Ifyou have any questions, please contact me at (909) 396-2100 or Dr. Elaine Chang, Deputy Executive Officer, at (909) 396-3186.

Attachments cc: Deborah Jordan, U.S.EPA, Region IX Wienke Tax, U.S.EPA, Region IX Elaine Chang, SCAQMD Hasan Ikhrata, SCAG (w/o Attachments) Barbara Baird, SCAQMD Laki Tisopulos, SCAQMD Philip Fine, SCAQMD

EC: PMF:MK Sincerely,
No. 58818.

protest 185958-K (A) (New York).

#### Gehrig, Hoban & Co., Inc. *v.*United States,

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the articles herein are similar in all material respects to the mustard jars the subject of *Julliard Fancy Foods Co.*v. *United States*(33 Cust. Ct. 1, C. D. 1625), the claim of the plaintiff was sustained.
No. 50850.

#### Protests 93164-K, etc., of Cosimo Daniele et al. (New York).

Opinion by

Keefe, J.

At the trial it was stipulated that the reliquidation of the entries herein involved is similar in all material respects to that in *Bel Paese Sales Co., Inc.*v. *United States*(15 Cust. Ct. 7, C. D. 932). In accordance with stipulation and following the decision cited, judgment was entered directing the collector to reliquidate the entries herein, refunding the duty established to have been taken in excess, in accordance with the decision and judgment in Abstract 45160.
EXHIBIT 32.2

               CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002


The undersigned  hereby certifies in her capacity as Chief Financial  Officer of
Belair Capital Fund LLC (the "Fund"), that:

(a)  the  Quarterly  Report of the Fund on Form 10-Q for the quarter  ended June
     30, 2003 (the  "Report")  fully complies with the  requirements  of Section
     13(a) of the Securities Exchange Act of 1934, as amended; and

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


Date:  August 14, 2003

                                /s/ Michelle A. Alexander
                                -------------------------
                                Michelle A. Alexander
                                Chief Financial Officer
<PAGE>

                                                                      EXHIBIT 99


March 29, 2002



Securities and Exchange Commission
Washington, DC

Arthur Andersen LLP has represented to Consumers Funding LLC that its audit was
subject to Andersen's quality control system for the U.S. accounting and
auditing practice to provide reasonable assurance that the engagement was
conducted in compliance with professional standards and that there was
appropriate continuity of Andersen personnel working on the audit and
availability of national office consultation. Availability of personnel at
foreign affiliates of Andersen was not relevant to this audit.



By /s/          Glenn P. Barba
         ----------------------------------------
              Glenn P. Barba
         Chief Accounting Officer and Controller





                                 Page 21 of 21
Exhibit
32.2




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 Universal Travel Group (the “Company”) on
Form 10-K/A for the period ending December 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Jing
Xie, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002,
that:





1.
            The
      Report fully complies with the requirements of Sections 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.





/s/ Yizhao ZhangYizhao
      ZhangChief
      Financial Officer
Order issued June 18 , 201 3

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01 - 1 2 - 0 0723 - CR NO. 01 - 12 - 00724 - CR NO. 01 - 12 - 00725 - CR

——————————— CHIKEVIA RENA ROBERTS , Appellant

V. THE STATE OF TEXAS , Appellee
On Appeal from the 337 th District Court

Harris County, Texas Trial Court Cause No. 1305295, 1305843 , & 1305927

MEMORANDUM ORDER2

Appellant , Chikevia Rena Roberts, pleaded guilty to two counts of burglary of a habitation with intent to commit theft and one count of burglary of a building with intent to commit theft. The trial court found appellant guilty of all three offenses. Appellant appeals her convictions
. Appellant ’s retained counsel has filed a motion to withdraw pursuant to Texas Rule of Appellate Procedure 6.5 because counsel has reviewed the appellate record and concluded that the appeal lacks mer it and is frivolous. Only an appointed counsel in a criminal app eal is required to file an Anders brief if counsel determines that the appeal is without merit and is frivolous; retained counsel is not required to do so. See Knotts v. State , 31 S.W.3d 821, 822 (Tex. App.

— Houston [1st Dist.] 2000, order); Nguyen v. Stat e , 11 S.W.3d 376, 378 (Tex. App.

— Houston [14th Dist.] 2000, no pet.). A retained attorney, upon determining that an appeal is frivolous, must so inform this Court and seek leave to withdraw by filing a motion complying with Rule 6.5
. See Knotts , 31 S.W.3 d at 822; Nyuyen , 11 S.W.3d at 378. Counsel’s motion contains the information required by Rule 6.5. See T EX . R. A PP . P. 6.5. Accordingly, we grant counsel’ s motion to withdraw
. See Nyuyen , 11 S.W.3d at 379

– 80. Appellant has the right (1) to retain othe r counsel, or (2) to move for an extension of time to file a pro se brief. See Knotts , 31 S.W.3d at 822. We notify appellant at her last known address, as provided in counsel’ s motion, that her brief3

is due in this Court no later than 30 days from the date of this order
. Unless appellant retains counsel who files a brief on or before that date , or unless by that date a motion for extension of time to file a pro se brief is filed in this Court and granted, this appeal will be set for submission and cons idered by the Court without briefs on the record alone. PER CURIAM Panel consists of Justices Keyes, Higley, and Bland
. Do not publish. T EX . R. A PP . P. 47.2( b).
No. 50330.

#### Protest 47089-K, etc., of S. S. Pierce Co. et al. (Boston).

Opinion by

Ekwall, J.

In accordance with stipulation of counsel the court found that the facts herein agreed upon were such as to bring the case within the *230holding in *John Barr*v. *United States*(11 Cust. Ct. 88, C. D. 801), which record was incorporated herein. (See *John Barr*v. *United States,*324 U. S. 83, decided February 5, 1945.) In accordance therewith it was held that the currency of the invoices should be converted at the buying rate in the New York market at noon on the day of exportation (the “free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on each of the entries. The protests were sustained to this extent.
##### 



CHANGE IN CONTROL
SEVERANCE AGREEMENT
 This Change in Control Severance Agreement Agreement Effective Date W. Todd Myers Executive SGX Pharmaceuticals, Inc. Company
 Recitals
 A. Board
 B. T
 C. Offer Letter
 D.
 Agreement
  1.




---



##### 



1. Term of Agreement.
 2. Definitions of Terms.
 (a) Definition of Cause. Cause
 (i)
 (ii) ;
 (iii)
 (iv)
 (v)
 (vi)
 (vii)
 (b) Definition of Change in Control. Change in
Control
 (i) Exchange Act
 2.




---



##### 



(ii)
 (iii)
 (iv) Incumbent Board provided,
however,
 (c) Definition of Good Reason. Good Reason
 (i)
 (ii)
 (iii)
 3.




---



##### 



(iv)
 e.g
 3. Acceleration of Vesting Upon a Change in Control.
 4. Compensation Upon Termination.
 (a) Compensation Upon Termination For Any Reason.
 (b) Effective Release Release Exhibit A
 (c) Benefits Upon Termination By the Company Without Cause. 4.
       Severance Period
 (d) Benefits Upon Termination in Connection With a Change in Control.
 (i) Severance.
 (1) Termination without Cause upon or following a Change in Control; Resignation for Good
Reason prior to or following a Change in Control.
 (2) Termination Without Cause Prior to a Change in Control.
 5.




---



##### 



e.g.
 (ii) Acceleration of Vesting of Equity Awards. provided, however, that th provided, however
 (iii) Bonus.
 (iv) Benefits. COBRA
 6.




---



##### 



(v) Indemnification.
 5. Section 409A of the Internal Revenue Code and Specified Employees. Revised Payment Schedule e.g. provided, however
 6. Parachute Payments.
 (a) Payment Excise Tax Reduced Amount 7.
       provided, however
 (b)
 (c)
 7. Successors.
 (a) Companys Successors. Company
 (b) Executives Successors.
 8.




---



##### 



8. Miscellaneous Provisions.
 (a) Notice.
 (b) Waiver; Modification.
 (c) Interpretation; Construction.
 (d) Integration. Exhibit A
 (e) Withholding Taxes.
 (f) Choice of Law.
 (g) Severability.
 9.




---



##### 



(h) At-Will Employment.
  10.




---



##### 



In Witness Whereof,
 /s/ Todd MyersW. Todd MyersSGX Pharmaceuticals, Inc.By
    
    /s/ Jean-Francois FormelaTitle
    
    Director
 1.




---



##### 



EXHIBIT A
 RELEASE AND WAIVER OF CLAIMS
 [To be signed and delivered following termination]
 Agreement W. Todd Myers SGX Pharmaceuticals, Inc. Company Release and Waiver
 ADEA
 A general release does not extend to claims which the creditor does not
know or suspect to exist in [his/her] favor at the time of executing the release, which if known by
him must have materially affected [his/her] settlement with the debtor.




---



##### 



.
 Date:W. Todd Myers
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in Registration Statement No. 333-48609 of Waste Industries USA, Inc. on Form S-8 of our reportdated April 11, 2005 (which report expresses an unqualified opinion and includes an explanatory paragraph as to the adoption of Statement of Financial Accounting Standards, No. 143, *Accounting for Asset Retirement Obligations,*effectiveJanuary 1, 2003) appearing in this Annual Report on Form 10-K of Waste Industries USA, Inc. for the year ended December 31, 2004. 

 

/s/ Deloitte & Touche LLP 

 

Raleigh, North Carolina 

April 11, 2005
EXHIBIT 12.1
 RELIANT ENERGY, INC. AND SUBSIDIARIES
RATIO OF EARNINGS FROM CONTINUING OPERATIONS TO FIXED CHARGES
(Unaudited)
 2008(1)
    
    
    2007
    
    
    2006(2)
    
    
    2005(3)
    
    
    2004(4)(in thousands, except ratio amounts)Fixed charges:Interest expense
    
    $
    247,486
    
    
    $
    349,199
    
    
    $
    427,867
    
    
    $
    399,281
    
    
    $
    417,514Capitalized interest
    
    
    17,353
    
    
    
    4,186
    
    
    
    
    
    
    
    441
    
    
    
    45,784Interest within rent expense
    
    
    53,060
    
    
    
    49,991
    
    
    
    57,037
    
    
    
    56,458
    
    
    
    61,539Total fixed charges
    
    $
    317,899
    
    
    $
    403,376
    
    
    $
    484,904
    
    
    $
    456,180
    
    
    $
    524,837Earnings from continuing operations:Income (loss) from continuing operations
before income taxes
    
    $
    (873,144
    )
    
    $
    493,098
    
    
    $
    (448,621
    )
    
    $
    (693,827
    )
    
    $
    (391,674
    )(Income) loss of equity investments of
unconsolidated subsidiaries
    
    
    (1,198
    )
    
    
    (4,686
    )
    
    
    (5,791
    )
    
    
    (25,458
    )
    
    
    9,478Subtotal
    
    
    (874,342
    )
    
    
    488,412
    
    
    
    (454,412
    )
    
    
    (719,285
    )
    
    
    (382,196
    )Plus Fixed charges from above
    
    
    317,899
    
    
    
    403,376
    
    
    
    484,904
    
    
    
    456,180
    
    
    
    524,837Amortization of capitalized interest
    
    
    8,898
    
    
    
    8,513
    
    
    
    8,469
    
    
    
    8,462
    
    
    
    7,692Distributed income of equity investees
    
    
    3,750
    
    
    
    5,500
    
    
    
    10,000
    
    
    
    5,500
    
    
    
    3,850Less Capitalized interest
    
    
    (17,353
    )
    
    
    (4,186
    )
    
    
    
    
    
    
    (441
    )
    
    
    (45,784
    )$
    (561,148
    )
    
    $
    901,615
    
    
    $
    48,961
    
    
    $
    (249,584
    )
    
    $
    108,399Ratio of earnings from continuing
operations to fixed charges
    
    
    
    
    
    
    2.24
    
    
    
    
    
    
    
    
    
    
    
    
 
 (1)
    
    For 2008, our earnings were insufficient to cover our fixed
charges by $879 million.(2)
    
    For 2006, our earnings were insufficient to cover our fixed charges by $436 million.(3)
    
    For 2005, our earnings were insufficient to cover our fixed charges by $706 million.(4)
    
    For 2004, our earnings were insufficient to cover our fixed charges by $416 million.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                       6,310,813
<SECURITIES>                                         0
<RECEIVABLES>                                1,310,276
<ALLOWANCES>                                 (300,000)
<INVENTORY>                                    560,535
<CURRENT-ASSETS>                             8,262,176
<PP&E>                                         635,824
<DEPRECIATION>                               (211,868)
<TOTAL-ASSETS>                               9,213,954
<CURRENT-LIABILITIES>                        1,313,432
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    12,063,414
<OTHER-SE>                                 (4,164,960)
<TOTAL-LIABILITY-AND-EQUITY>                 9,213,954
<SALES>                                     11,112,570
<TOTAL-REVENUES>                            11,112,570
<CGS>                                       10,829,998
<TOTAL-COSTS>                                1,998,394
<OTHER-EXPENSES>                               364,607
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 359
<INCOME-PRETAX>                            (1,913,910)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,913,910)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,913,910)
<EPS-BASIC>                                     (0.26)
<EPS-DILUTED>                                   (0.26)


</TABLE>