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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-7326 

ROBERT D. WHITED, JR.,

Petitioner - Appellant,

versus

WARDEN, Lawrenceville Correctional Center,

Respondent - Appellee.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Samuel G. Wilson, Chief District

Judge. (CA-02-1141-7)

Submitted: December 18, 2003 Decided: January 15, 2004

Before LUTTIG, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Marvin David Miller, Alexandria, Virginia, for Appellant. Michael

Thomas Judge, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Robert D. Whited, Jr., a Virginia inmate, seeks to appeal

the district court’s order denying relief on his 28 U.S.C. § 2254

(2000) petition. An appeal may not be taken to this court from the

final order in a habeas corpus proceeding in which the detention

complained of arises out of process issued by a state court unless

a circuit justice or judge issues a certificate of appealability.

28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will

not issue with respect to claims dismissed by a district court

solely on procedural grounds unless the petitioner can demonstrate

both “(1) ‘that jurists of reason would find it debatable whether

the petition states a valid claim of the denial of a constitutional

right’ and (2) ‘that jurists of reason would find it debatable

whether the district court was correct in its procedural ruling.’”

Rose v. Lee, 252 F.3d 676, 684 (4th Cir. 2001) (quoting Slack v.

McDaniel, 529 U.S. 473, 484 (2000)). We have independently

reviewed the record and conclude that Whited has not made the

requisite showing. See Miller-El v. Cockrell, 537 U.S. 322, 336

(2003). Accordingly, we deny a certificate of appealability and

dismiss the appeal. 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
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

(18 U.S.C. 1350)

In connection with the Quarterly Report of Wells Real Estate Investment Trust II, Inc. (the Registrant) on Form 10-Q for the quarter ended June 30, 2009, as filed with the Securities and Exchange
Commission (the Report), the undersigned, Leo F. Wells, III, Chief Executive Officer of the Registrant, and Douglas P. Williams, Chief Financial Officer of the Registrant, hereby certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) that, to the best of our knowledge and belief:



| | (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 Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                                           
|-------------------------------------------
|/s/ LEO F. WELLS, III                      
|Leo F. Wells, III                          
|Principal Executive Officer August 13, 2009
|                                           
|/s/ DOUGLAS P. WILLIAMS                    
|Douglas P. Williams                        
|Principal Financial Officer August 13, 2009
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra

, Justices

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

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

_________________________________________ Clerk November 20, 2012

t1113 

# Order

November 20, 2012

145379

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v

SC: 145379

COA: 309846

Grand Traverse CC: 06

- 010011

- FH

DEAN WILLIAM JUNKER,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the June 19, 2012 order

of the Court of Appeals is considered, and it is DENIED, because the defendant’s motion

for relief from judgment is prohibited by MCR 6.502(G).
(Reap. Dec. 10136)

#### Bruce Duncan Co., Inc. *v.*United States

Entry Nos. 39866; 54748.

(Decided January 8, 1962)

*Stein*c6 *Shostak (Marjorie M. Shostak*of counsel) for the plaintiff.

*WilUam S. Orrick, Jr.,*Assistant Attorney General *(Morris Braverman,*trial attorney), for the defendant.

Johnson, Judge:

These appeals for reappraisement, consolidated at the trial, have been submitted upon the following stipulation of counsel for the respective parties:

> Miss Shostak : * * *

> *******

> Plaintiff offers to stipulate that at the time of exportation involved herein the market value or the price at which the various types of animals were freely offered for sale to all purchasers in the usual wholesale quantities in the ordinary course of trade in the principal market of Iquitos, in Peru, the country of exportation, to all purchasers for export to the United States, including the cost of all containers, coverings or packing, were the following prices, f.o.b. Iquitos:

> *505Squirrel Monkeys, $2. 75 each.

> Wooly Monkeys, 18. 00 each.

> Capuchins, 10. 00 each.

> White Lip Marmosets, 2. 75 each.

> Spider Monkeys, 10. 00 each, as invoiced.

> Ocelots, 22. 00 each, as invoiced.

> Toucans, 8.00 each, as invoiced.

> Titi Monkeys, 7.00 each.

> Pigmy Marmosets, 2. 50 each.

> Plaintiff further offers to stipulate that the merchandise the subject of this stipulation is not included in the list of articles designated by the Secretary of the Treasury in T.D. 54521, as provided for in Section 6(a) of the Customs Simplification Act of 1956, Public Law 927, 84th Congress, and that the said merchandise is subject to appraisement under Section 402 of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956.

> Me. Braveehan : Prom information obtained from Examiner Max Ringel, of the office of the Appraiser of Merchandise, at the port of Los Angeles, California, the Government so stipulates.

On the agreed facts, I find that export value, as that value is defined in section 402 (b) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, 70 Stat. 943, is the proper basis for the determination of the value of the live animals involved herein and that such values, f .o.b. Iquitos, are:

> Squirrel Monkeys, $2.75 each.

> Wooly Monkeys, 18. 00 each.

> Capuchins, 10. 00 each.

> White Lip Marmosets, 2. 75 each.

> Spider Monkeys, 10. 00 each, as invoiced.

> Ocelots, • 22. 00 each, as invoiced.

> Toucans, 8. 00 each, as invoiced.

> Titi Monkeys, 7.00 each.

> Pigmy Marmosets, 2. 50 each.

Judgment will be rendered accordingly.
EXHIBIT
      32.1





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 Amendment
      No. 1 to the  Annual
      Report on Form 10-K of Katy Industries, Inc. (the “Company”) for the year ending
      December 31, 2005 as filed with the Securities and Exchange Commission on the
      date hereof (the “Report”), I, Anthony T. Castor III, Chief Executive Officer of
      the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant
      to
      section 906 of the Sarbanes-Oxley Act of 2002, that:





(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/
      Anthony T. Castor III


Anthony
      T. Castor III


Chief
      Executive Officer


October
      18, 2006





The
      foregoing certification is being furnished solely to accompany this report
      pursuant to 18 U.S.C. 1350, and is not being filed for purposes of Section
      18 of
      the Securities and 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. 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 required
      by Section 906, has been provided to the
      Company and will
      be retained by the
      Company and
      furnished to the Securities and Exchange Commission or its staff upon
      request.
II 

118TH CONGRESS 

2D SESSION S. 4945 

To direct the Secretary of Agriculture to carry out research, technical studies, 

demonstrations, and pilot programs to further the mission of the Rural 

Business-Cooperative Service. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2024 

Mr. WELCH introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To direct the Secretary of Agriculture to carry out research, 

technical studies, demonstrations, and pilot programs to 

further the mission of the Rural Business-Cooperative 

Service. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rural Opportunities 

5 and Revitalization Act of 2024’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 4945 IS

1 SEC. 2. RESEARCH, TECHNICAL STUDIES, DEMONSTRA2 TIONS, AND PILOT PROGRAMS TO FURTHER 

3 THE MISSION OF THE RURAL BUSINESS-CO4 OPERATIVE SERVICE. 

5 (a) DEFINITION OF SECRETARY.—In this section, the 

6 term ‘‘Secretary’’ means the Secretary of Agriculture. 

7 (b) AUTHORIZATION.—The Secretary shall carry out 

8 the following activities relating to the mission and pro9 grams of the Rural Business-Cooperative Service: 

10 (1) Research. 

11 (2) Technical studies. 

12 (3) Demonstrations. 

13 (4) Pilot programs. 

14 (c) SPECIAL RULES.— 

15 (1) RESOURCES.—In carrying out the activities 

16 described in subsection (b), the Secretary shall pro17 mote long-term prosperity in rural areas by pro18 viding the following resources to help individuals liv19 ing in rural areas start businesses, grow businesses, 

20 or find jobs: 

21 (A) Capital. 

22 (B) Training. 

23 (C) Education. 

24 (D) Entrepreneurial skills. 

25 (E) Economic development. 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 4945 IS

1 (2) DEMONSTRATIONS.—In carrying out this 

2 section, the Secretary may permit demonstrations 

3 involving innovative methods of program delivery 

4 that do not meet standards, rules, regulations, or 

5 policies of the Department of Agriculture if the Sec6 retary determines that— 

7 (A) permitting a demonstration is in the 

8 best interests of the Federal Government; 

9 (B) the health and safety of individuals in 

10 the area in which a demonstration is carried 

11 out will not be adversely impacted; and 

12 (C) deviations from the standards, rules, 

13 regulations, or policies do not compromise the 

14 core mission of the rural development mission 

15 area of promoting rural development, economic 

16 growth, and infrastructure development. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to the Secretary to carry 

19 out this section $5,000,000 for each fiscal year. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
Before the Third Division,

July 15, 1943

No. 48553.

#### Protest 966523-G of Chong Kee Jan & Co. et al. (San Francisco).

Opinion by

Cline, J.

It was stipulated that certain of the merchandise, consisting of Bak Hop, lotus nuts (hoi shin lien, hoi pak lin), sui sit, wai san (stick), sar sum (uncut), lo hon qua, yuen yuk, and mok qua, is the same in all material respects as that involved in *Oy Wo Tong Co.*v. *United States*(5 Cust. Ct. 70, C. D. 372). It was therefore held entitled to" free entry under paragraph 1669, as claimed. It was further stipulated that the items consisting of wai san (sliced), yuk chuk, and sar sum (cut) are the same as some of those involved in C. D. 372, *supra,*and were therefore held dutiable as drugs, advanced, at 10 percent under paragraph 34.
No. 50467.

#### Protests 101806-K, etc., of C. S. Emery & Co. et al. (St. Albans).

Opinion by

Cline, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**AND CHIEF FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

In connection with this Quarterly Report of ASAH Corp. (the “Company”) on Form 10-QSB for the period ending June 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Zak W. Elgamal, Chief Executive Officer and Chief Financial Officer of the Company, certifies to the best of his knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:

 
| 1. | Such Quarterly Report on Form 10-QSB for the period ending June 30, 2005, 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 such Quarterly Report on Form 10-QSB for the period ending June 30, 2005, fairly presents, in all material respects, the financial condition and results of operations of ASAH Corp. |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 
| Dated: August 22, 2005 |
|------------------------|

 

**ASAH CORP.**

 

 
| By: | */s/ Zak W. Elgamal* |
|-----|----------------------|
#### The People of the State of New York, Respondent, v Ronald John, Appellant.

[633 NYS2d 599]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County

*565(Greenberg, J.), rendered February 24, 1994, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the trial court erred in failing to instruct the jury on evaluating flight as evidence of consciousness of guilt is unpreserved for appellate review. The defendant never requested such a charge or objected to the court’s failure to so charge *(see,*CPL 470.05 [2]; *People v McKenzie,*67 NY2d 695, 697; *People v Leitzsey,*173 AD2d 488; *People v Shepherd,*176 AD2d 369, 370; *People v Rosa,*176 AD2d 187, 188). In any event, the defendant’s claim is without merit.

The evidence of flight was not unduly emphasized in the prosecutor’s summation and the evidence of the defendant’s guilt of criminal possession of a weapon in the third degree was overwhelming. Therefore, any error was clearly harmless *(see, People v Rodriguez,*135 AD2d 586, 587; *People v Jones,*104 AD2d 826, 827). Sullivan, J. P., Thompson, Hart and Gold-stein, JJ., concur.
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 07-321 

________________________________________________________________________ 

SPACE COOPERATION 

Network and Operations Cross-Support 

 Agreement Between the 

UNITED STATES OF AMERICA and the 

EUROPEAN SPACE AGENCY 

Signed at Washington March 21, 2007 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
EUROPEAN SPACE AGENCY 

 Space Cooperation: Network and Operations 

 Cross-Support 

 Agreement signed at Washington 

 March 21, 2007; 

 Entered into force March 21, 2007.
No. 64915.

#### M. Pressner & Co. *v.*United States,

protests 293221-K, etc. (New York).

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of miniature knives similar in all material respects to those the subject of *M. Pressner & Co.*v. *United States*(44 Cust. Ct. 10, C.D. 2145), the claim of the plaintiff was sustained.
[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Notices]
[Page 10205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3967]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2778-035]


Idaho Power Company; Notice of Availability of Draft 
Environmental Assessment

February 27, 2007.
    In accordance with the National Environmental Policy Act of 1969 
and the Federal Energy Regulatory Commission (Commission or FERC) 
regulations contained in the Code of Federal Regulations (CFR) (18 CFR 
Part 380 [FERC Order No. 486, 52 F.R. 47897]), the Office of Energy 
Projects staff (staff) reviewed the application for amendment of 
license for the Shoshone Falls Project, located on the Snake River, 
Jerome and Twin Falls Counties, Idaho, and prepared a draft 
environmental assessment (DEA) for the project. Within the project 
boundary, 1.97 acres of lands are owned by the U.S. Bureau of Land 
Management. In this DEA, staff analyzes the potential environmental 
effects of the proposed amendment of license and concludes that the 
proposal would not constitute a major federal action significantly 
affecting the quality of the human environment.
    A copy of the DEA is available for review at the Commission in the 
Public Reference Room, or it may be viewed on the Commission's Web site 
at http://www.ferc.gov using the e-Library link. Enter the docket 
number (P-2778) in the docket number field to access the document. For 
assistance, call (202) 502-8222 or (202) 502-8659 (for TTY).
    Any comments should be filed by March 30, 2007, and should be 
addressed to Secretary, Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426. Please reference Shoshone Falls 
Project No. 2778-035, on all comments. For further information on this 
notice, please contact Robert Fletcher at (202) 502-8901, or at 
<a href="/cdn-cgi/l/email-protection#52203d303720267c343e3726313a372012343720317c353d24"><span class="__cf_email__" data-cfemail="a2d0cdc0c7d0d68cc4cec7d6c1cac7d0e2c4c7d0c18cc5cdd4">[email protected]</span></a>.
    Comments may be filed electronically via the Internet in lieu of 
paper. See 18 CFR 385.2001 (a)(1)(iii) and the instructions on the 
Commission's Web site at http://www.ferc.gov under the e-Filing link. 
The Commission strongly encourages electronic filings.

Magalie R. Salas,
Secretary.
[FR Doc. E7-3967 Filed 3-6-07; 8:45 am]
BILLING CODE 6717-01-P


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Exhibit 32



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 Fruit Of The Loom Unsecured Creditors Trust (the UCT) on Form 10-Q for the period ended October 31, 2005 as filed with the Securities and Exchange Commission
on the date hereof (the Report), I, W. Edward Clingman, Jr., a principal of Clingman & Hanger Management Associates, LLC, Trust Administrator of the UCT, 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 UCT.
|-- | ------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |  |  |     |  |                                                 |  |                            
|---------------------- |  |  |  | --- |  | ----------------------------------------------- |  | ---------------------------
|Date: December 6, 2005 |  |  |  | By: |  | Clingman & Hanger Management Associates, LLC   
|                       |  |  |  |     |  | as Trust Administrator of the Fruit Of The Loom
|                       |  |  |  |     |  | Unsecured Creditors Trust                      
|                       |  |  |  |    
|                       |  |  |  |     |  |                                                 |  | /s/ W. Edward Clingman, Jr.
|                       |  |  |  |     |  |                                                 |  | W. Edward Clingman, Jr.    
|                       |  |  |  |     |  |                                                 |  | Principal