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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-7662

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BRIAN WRIGHT,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Greenville. Henry M. Herlong, Jr., District

Judge. (CR-01-828-HMH-7)

Submitted: July 26, 2006 Decided: August 8, 2006

Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Brian Wright, Appellant Pro Se. Regan Alexandra Pendleton,

Assistant United States Attorney, Greenville, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Brian Wright, a federal prisoner, appeals the district

court’s denial of his pro se motion to compel the Government to

file a motion for reduction in sentence pursuant to Fed. R. Crim.

P. 35(b). We affirm.

Wright pled guilty pursuant to a plea agreement that

contained a provision whereby the Government would “move the Court

to depart from the United States Sentencing Guidelines, pursuant to

§ 5K1.1 of those Guidelines, and Title 18, United States Code,

Section 3553(e) and/or move the Court for reduction of sentence

pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure.”

Wright asserts that prior to sentencing, the Government approached

him, explaining that his assistance was not complete until his

co-defendants had been apprehended and convicted. Wright further

alleges that the Government promised to file a Rule 35(b) motion if

Wright’s co-defendants were captured and pled or were found guilty

within one year after his sentence. Wright claims that because

this motion has not been filed, the Government has breached the

plea agreement. We disagree.

On the day of Wright’s sentencing, the Government filed

a Motion for Downward Departure pursuant to USSG § 5K1.1 and 18

U.S.C. § 3553(e) (2000), that requested the court to depart

downward in response to Wright’s substantial assistance. The

motion noted that Wright’s cooperation was responsible for the
- 3 -

decision of “five of his co-defendants to plead ‘guilty’ to the

conspiracy charges contained in the indictment.” We conclude the

plea agreement required no more. By its explicit terms, the

agreement simply did not obligate the Government to file a Rule 35

motion regardless of the extent of Wright’s assistance. Moreover,

neither the record nor any other documentation supports Wright’s

assertion that the plea agreement was amended to require the

Government to file a Rule 35 motion. We therefore find that the

Government fully fulfilled its obligations. Accordingly, we

affirm. 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
Fiscal Service – Lead. Transform. Deliver.

memorandum

DATE: September 19, 2018

TO: Federal Agency Payment Certifying Officers and Members of the Federal 

Payments Community

FROM: Ronda Kent

Assistant Commissioner, Payment Management and

Chief Disbursing Officer

SUBJECT: Mandatory Federal Payment Certifying Officer Training

New Requirement, Effective November 1, 2018

In Fiscal Year 2017, the Federal Government paid $3.9 trillion to individuals, companies, and 

other entities around the world. The U.S. Department of the Treasury’s Bureau of the Fiscal 

Service (Fiscal Service) disbursed 87% of those payments on behalf of more than 250 Federal 

agencies and programs. Fiscal Service is also responsible for establishing governmentwide 

policies to ensure that payments are made accurately, to the right payees, and in compliance with 

legal requirements. Federal Certifying Officers (COs) are key to maintaining the public’s trust in 

the integrity of the Government’s payment processes. 

Effective November 1, 2018, all COs are required to complete online training, provided 

by the Fiscal Service, as a credentialing requirement for new delegations and 

designations, and the renewal of delegations and designations, as described in the 

Treasury Financial Manual (TFM) Volume I, Part 4A, Chapter 3000.

This training requirement applies to all COs, Secure Payment System (SPS) Data Entry 

Operators, and individuals designated as an “Agent to Receive and Deliver Checks” who 

process payments through Treasury Fiscal Service. Each of these individuals, who must 

be government employees, will be required to affirm a current completion of CO training 

as part of each issuance of new or renewed credentials. We recommend, but do not 

require, that Non-Treasury Disbursing Office Accountable Officers also complete this 

informative training.

We look forward to supporting the important work of your agency with this new CO 

training requirement. For more information, please see the attached information 

sheet and visit our website at https://fiscal.treasury.gov/cotraining. Should you have 

any questions regarding payment certification policies, please contact Margot 

Kaeser, Director of the Policy and Oversight Division of Payment Management, at 

margot.kaeser@fiscal.treasury.gov or (202) 874-6790.
No. 49158.

#### Petition 6346-R of L. Bamberger & Co. (New York).

Opinion by

Walker, J.

It appeared from the testimony that the difference between the entered and final appraised values was due to a certain French luxury tax of 8 percent; that entry was made on a *pro forma*invoice at values which did not include the tax; and that when the consular invoice was received it contained statements which satisfied the broker that his entered values were correct and that the tax was not part of the value. It further appeared that the general question of such taxes arose about that time and that the ultimate decision in the matter was made subsequent to entry and appraisement herein. The court was satisfied that the entry was made without intention to defraud the revenue or to conceal or misrepresent the facts. The petition was therefore granted. •
Before the Third Division,

April 25, 1960

No. 64119.

protests 284802-K, etc. (Buffalo).

#### C. J. Tower & Sons *v.*United States,

Opinion by

Donlon, .T.

In accordance with stipulation of counsel that the merchandise consists of prepared or preserved pork similar in all material respects to that the subject of *C. J. Tower & Sons*v. *United States*(43 Cust. Ct. 36, C.D. 2100), the claim of the plaintiff was sustained.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF HORIZON MEDICAL PRODUCTS, INC. FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<EXCHANGE-RATE>                                      1
<CASH>                                         700,856
<SECURITIES>                                         0
<RECEIVABLES>                               18,714,089
<ALLOWANCES>                                   634,606
<INVENTORY>                                 21,737,956
<CURRENT-ASSETS>                            42,569,747
<PP&E>                                       5,227,108
<DEPRECIATION>                               1,447,445
<TOTAL-ASSETS>                             102,160,749
<CURRENT-LIABILITIES>                       11,719,399
<BONDS>                                     46,941,215
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,366
<OTHER-SE>                                  43,323,237
<TOTAL-LIABILITY-AND-EQUITY>               102,160,749
<SALES>                                     57,161,170
<TOTAL-REVENUES>                            57,161,170
<CGS>                                       35,720,795
<TOTAL-COSTS>                               35,720,795
<OTHER-EXPENSES>                            15,092,979
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           3,013,562
<INCOME-PRETAX>                              3,404,407
<INCOME-TAX>                                 1,478,395
<INCOME-CONTINUING>                          1,926,012
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,926,012
<EPS-BASIC>                                        .14
<EPS-DILUTED>                                      .14


</TABLE>
Exhibit 10.1


 





CHANGE IN TERMS AGREEMENT


 


 





 



 


	Borrower:	Applied Optoelectronics, Inc.	Lender:	East West Bank
	 	13139 Jess Pirtle Blvd.	 	Loan Servicing Department
	 	Sugar Land, TX 77478	 	9300 Flair Drive, 6th Floor
	 	 	 	El Monte, CA 91731


 





 



 


 


	Principal Amount: $22,000,000.00	Date of Agreement: October 5, 2016


 


DESCRIPTION OF EXISTING INDEBTEDNESS. The
Promissory Note dated January 26, 2015 for Loan Number [***] in the original Principal Amount of $22,000,000.00, along with
any and all subsequent Change In Terms Agreements.


 


DESCRIPTION OF CHANGE IN TERMS.


 


The draw down period is hereby extended from July
31, 2016 to September 30, 2016. 


 


The section entitled "Conversion to Term Loan" is
hereby amended and restated as follows:


 


CONVERSION TO TERM LOAN. On the Draw
Down Maturity Date, the section entitled "Line of Credit" is hereby deleted and the outstanding principal balance as
of the Draw Down Maturity Date shall be converted to a (64) month term loan, with principal and interest payments due monthly
amortized over three hundred (300) months. The first principal and interest payment is due on October 26, 2016 and
will continue on the same day of each month thereafter. The final principal and interest payment is due on January 26, 2022
(the "Term Loan Maturity Date") and will include all unpaid principal and all accrued and unpaid interest.


 


CONTINUING VALIDITY. Except as expressly
changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing
the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right
to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this
Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers
and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in
writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any
person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this
Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and
provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification
or release, but also to all such subsequent actions.


 


PRIOR TO SIGNING THIS AGREEMENT, BORROWER
READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT.


 


BORROWER:


 


APPLIED OPTOELECTRONICS, INC.


 


 


By: /s/ Stefan John Murry


Stefan John Murry, Vice President of Applied

Optoelectronics, Inc.
----

----

----

NOTICE TO READERS

----

Corrigenda

----

Corrigendum to notices of open competitions EPSO/AD/53-62/06 to constitute a reserve of administrators (AD5) with Cypriot, Czech, Estonian, Hungarian, Lithuanian, Latvian, Maltese, Polish, Slovene or Slovak citizenship in the fields of European public administration, Law, Economics and Microeconomics/Business administration

(Official Journal of the European Union C 172 A of 25 July 2006)

(2006/C 286A/01)

On page 20, under heading E, in point 2:

for:

A selection board is appointed for each competition. It is made up of representatives of the administration and of the institutions’ staff committee. The names of its members will be published on the EPSO website approximately two weeks before the admission tests.’,

read:

A selection board is appointed for each competition. It is made up of representatives of the administration and of the institutions’ staff committee. The names of its members will be published on the EPSO website approximately two weeks before the written tests.’.

----
ICRAS 1403 1845-0022 v9 – Affected Public - Individuals 9/27/2013

The Office of Management and Budget (OMB) Control Number 1845-0022 is expiring. This 

collection contains sections of the regulations at 34 CFR Part 668 – Student Assistance General 

Provisions. The regulations establish the standards to participate in the student financial aid 

assistance programs authorized by Title IV of the Higher Education Act of 1965, (HEA), as 

amended. These regulations establish institutional requirements in various areas of program 

administration. These regulations are an effort to minimize administrative burden for program 

participants, provide benefits to eligible Title IV, HEA program recipients, and protect the 

taxpayers' interest from fraud and abuse of program funds. 

34 CFR 668.22 – Treatment of title IV finds when a student withdraws

This section describes the steps the institution must take in determining the eligibility of, and 

amount of Federal student aid a student who has withdrawn from all courses before the 

conclusion of the academic period may retain and what must be repaid by either the institution, 

the student, or both.

Respondents Responses Hours

 45,075 425,075 318,806

TOTALS

Responses 425,075

Respondents 425,075

Burden Hours 318,806
**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 Welwind Energy International Corporation
      (the "Company") on Form 10-QSB for the period ending March 31, 2007 as filed
      with the Securities and Exchange Commission on the date hereof (the "Report"),
      I, Tammy Lynn McNabb, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
      pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





(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.




/s/ Tammy
                Lynn McNabbTammy
                Lynn McNabb
              Principal
                Financial Officer
              May
                15, 2007
Federal Depository Library ProgramPersistent URL Home Page      

# Target for /GPO/LPS3886 lost

The target resource for this PURL can no longer be traced. The following is a list of the targets this PURL was previously assigned to.

Powered by the Federal Depository Library Program.                A service of the U.S. Government Publishing Office.
Before the Third Division,

October 30, 1946

No. 51388.

#### Protests 956121-G, etc., of Bohemian Distributing Co. (Los Angeles).

Opinion by

Ekwall, J.

In accordance with stipulation of counsel that the merchandise is similar in all material respects to that the subject of *Burke*v. *United States*(3 Cust. Ct. 276, C. D. 253), the claim of the plaintiff was sustained.
USSGL Board Meeting	Leases -Survey Monkey Preview	May 03, 2023

# image5.png

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**Exhibit 23.1**

 

**CONSENT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We have issued our report dated December 15, 2005,  accompanying the consolidated financialstatements and schedule included in the Annual Report of K-telInternational, Inc. on Form 10-K/A for the year ended June 30,2003. We hereby consent to the incorporation by reference of said report in theRegistration Statements of K-tel International, Inc. on Forms S-8 (File No. 333-65755effective November 25, 1987, File No. 333-28815 effective June 9,1997, File No. 333-65755 effective October 15, 1998, File No. 333-74471effective March 16, 1999, File No. 333-31272 effective February 28,2000, and File No. 333-39022 effective June 9, 2000).

 

 
|   | /S/ GRANT THORNTON LLP |   |
|--------|------------------------|--------|

 

 

Minneapolis, MinnesotaJanuary 4, 2006

 

----
Validation of Air Enforcement Data Reported to 

EPA by Pennsylvania

#7100115

Inspector General Division Conducting the Audit: 

Mid-Atlantic Division 

Philadelphia, PA 

Program Office Involved:

Air, Radiation & Toxics Division

Philadelphia, PA 

TABLE OF CONTENTS

• EXECUTIVE SUMMARY 

• CHAPTER 1 INTRODUCTION 

o Purpose

o Background 

o Scope and Methodology 

o Prior Audit Coverage 

• CHAPTER 2 PADEP NOT REPORTING SIGNIFICANT VIOLATORS TO EPA 

o Clean Air Act Was Violated in Numerous Ways 

o PADEP Not Informing EPA Allows Violations to Persist 

o Not Reporting Significant Violators Hinders EPA Oversight 

o Facilities Constructed Without Permits and Not Reported to EPA 

o PADEP's Reasons for Not Reporting 

o EPA Was Generally Aware of PADEP Not Reporting 

o EPA is Changing to Performance Partnership Grants 

o PPGs May Not Be Effective CONCLUSION 

o RECOMMENDATIONS 

• CHAPTER 3 INSPECTIONS OF AIR FACILITIES NEED IMPROVEMENT 

o Some PADEP Level 2 Inspections Were Inadequate 

o Corrective Action Not Always Verified RECOMMENDATIONS 

• CHAPTER 4 OTHER MATTERS 

o RECOMMENDATION 

• APPENDIX A -- PADEP'S RESPONSE TO THE DRAFT REPORT

• APPENDIX B -- EPA'S RESPONSE TO THE DRAFT REPORT

• APPENDIX C -- CITIZENS ADVISORY COUNCIL REPORT

o OIG EVALUATION

• APPENDIX D -- DISTRIBUTION
EXHIBIT
32.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER





Pursuant
to 18 U.S.C. § 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of
2002, the undersigned officer of Getty Realty Corp.(the “Company”) hereby
certifies, to such officer’s knowledge, that:





(i)  the
Quarterly Report on Form 10-Q of the Company for the quarterly period ended June
30, 2009 (the “Report”) fully
complies with the requirements of Section 13(a) or Section 15(d), as applicable,
of the Securities Exchange Act of 1934, as amended (subject to the Company's
position prevailing in regard to the remaining unresolved SEC comment, as more
fully described in the Report); and





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








Dated:
August 10, 2009





BY:/s/ Thomas J.
Stirnweis


(Signature)


THOMAS J.
STIRNWEIS


Vice
President, Treasurer and


Chief
Financial Officer








A signed
original of this written statement required by Section 906 has been provided to
Getty Realty Corp. and will be retained by Getty Realty Corp. and furnished to
the Securities and Exchange Commission or its staff upon request.





The
foregoing certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. § 1350, and is not being filed for purposes of Section 18
of the Securities Exchange Act of 1934, as amended, and is not to be
incorporated by reference into any filing of the Company, whether made before or
after the date hereof, regardless of any general incorporation language in such
filing.
Before the First Division,

November 13, 1957

No. 61331.

protest 228217-K (New York).

#### Kaufman & Vinson Co. *v.*United States,

Opinion by

Wilson, J.

In accordance with stipulation of counsel that the merchandise consists of vinyl plastic coasters similar in all material respects to those the subject of *Bergdorf Goodman Co.*v. *United States*(38 Cust. Ct. 177, C. D. 1859), the claim of the plaintiff was sustained.
```

[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Notices]
[Page 5527]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01906]

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

DEPARTMENT OF ENERGY

Basic Energy Sciences Advisory Committee

AGENCY: Office of Science, Department of Energy.

ACTION: Notice of open meeting.

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

SUMMARY: This notice announces a meeting of the Basic Energy Sciences 
Advisory Committee (BESAC). The Federal Advisory Committee Act (Pub. L. 
92-463, 86 Stat. 770) requires that public notice of these meetings be 
announced in the Federal Register.

DATES: 
Thursday, February 26, 2015 8:00 a.m. to 5:15 p.m.
Friday, February 27, 2015 9:00 a.m. to 12:00 noon.

ADDRESSES: Bethesda North Hotel and Conference Center, 5701 Marinelli 
Road, Bethesda, MD 20852.

FOR FURTHER INFORMATION CONTACT: Katie Perine, Office of Basic Energy 
Sciences; U.S. Department of Energy; SC-22/Germantown Building, 1000 
Independence Avenue SW., Washington, DC 20585-1290; Telephone: (301) 
903-6529.

SUPPLEMENTARY INFORMATION: 
    Purpose of the Board: The purpose of this Board is to make 
recommendation to DOE-SC with respect to the basic energy sciences 
research program.
    Tentative Agenda:

 Annual Ethics Briefing (BESAC Members Only)
 Call to Order, Introductions, Review of the Agenda
 News from the Office of Science (Budget)
 News from the Office of Basic Energy Sciences (Budget)
 Report by the BESAC Subcommittee on Transformational 
Opportunities
 NSLS-II Update
 BES Nanocenters Update
 Committee of Visitors for the Materials Sciences and 
Engineering Division
 Public Comments
 Adjourn
Breaks Taken As Appropriate

    Public Participation: The meeting is open to the public. If you 
would like to file a written statement with the Committee, you may do 
so either before or after the meeting. If you would like to make oral 
statements regarding any of the items on the agenda, you should contact 
Katie Perine at (301) 903-6594 (fax) or katie.perine@science.doe.gov 
(email). Reasonable provision will be made to include the scheduled 
oral statements on the agenda. The Chairperson of the Committee will 
conduct the meeting to facilitate the orderly conduct of business. 
Public comment will follow the 10-minute rule.
    Minutes: The minutes of this meeting will be available for public 
review and copying within 30 days by contacing Ms. Perine at the 
address listed above.

    Issued in Washington, DC on January 27, 2015.
LaTanya R. Butler,
Deputy Committee Management Officer.
[FR Doc. 2015-01906 Filed 1-30-15; 8:45 am]
BILLING CODE 6450-01-P
```
Exhibit 32.2
**STATEMENT**
     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. 1350,the undersigned officer of Mercury Air Group, Inc. (the “Company”) herebycertifies that to the knowledge of the undersigned:
          (1) The Company’s Annual Report on Form 10-K for the fiscal year endedJune 30, 2004 fully complies with the requirements of sections 13(a) or15(d), as applicable, of the Securities Exchange Act of 1934, and
          (2) The information contained in the report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.    /s/ Robert Schlax  Robert Schlax *Chief Financial Officer*
September 28, 2004