alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b)

File Name: 22a0059p.06


### UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

U NITED S TATES OF A MERICA
, Plaintiff

- Appellee

,

v

.

D AVID E. M C C ALL
, J R
., Defendant

- Appellant

. ┐ │ │ │ │ │ │ │
┘ No. 21

- 3400

On Petition for Rehearing En Banc.

United States District Court for the Northern District of Ohio at Cleveland.

No. 1:13

- cr

- 00345

- 41

— Christopher A. Boyko, District Judge.

Decided and Filed: April 1, 2022

Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, and MURPHY, Circuit Judges.

_________________

COUNSEL

ON PETITION FOR REHEARING EN BANC: Rebecca Chattin Lutzko, Matthew B. Kall, UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee. ON RESPONSE: Vanessa Malone, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Akron, Ohio, for Appellant.

_________________

ORDER

_________________ A majority of the Judges of this Court in regular active service has voted for rehearing en

banc of this case. Sixth Circuit Rule 35(b) provides as follows: 

### >No. 21

- 3400 United States v. McCall Page 2

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous decision and judgment of this court are

vacated, the mandate is stayed and this case is r estored to the docket as a pending appeal.

The Clerk will direct the parties to file supplemental briefs and will schedule this case for

oral argument as soon as possible.

ENTERED BY ORDER OF THE COURT

___________________________________ Debo rah S. Hunt, Clerk
EXHIBIT 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
AND CHIEF FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1)
    
    the Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and2)
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
  /s/ Heath B. ClarkeHeath B. ClarkeChief Executive Officer
(Principal Executive Officer)/s/ Brenda AgiusBrenda AgiusChief Financial Officer
(Principal Financial Officer)
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 Annual Report of Patriot
National Bancorp, Inc. (the
“ *Company* ”) on
Form 10-KSB for the year ended December 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the “ *Report* ”), we,
Angelo De Caro and Robert F. O’Connell, the Chief Executive
Officer and the Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. § 1350, as adopted pursuant to § 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/
      Angelo De CaroAngelo
      De CaroChief
      Executive Officer/s/
      Robert F. O’ConnellRobert F.
      O’ConnellChief
      Financial Officer
 
 March 22,
2005
 
 
 
 
 A signed
original 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.
 
 The
foregoing certification is being furnished to the Securities and Exchange
Commission and shall not be considered filed as part of the Report.
*The HONORABLE ADRIAN G. DUPLANTIER, United States District Judge for the Eastern District of Louisiana, sitting by designation. _____________ No. 95-2094WM

_____________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Western * District of Missouri. Frank R. Peerman, also known * as Barron Richard Hynes, * [UNPUBLISHED] * Appellant. *

_____________ Submitted: November 14, 1995 Filed: January 29, 1996

_____________ Before FAGG, and BRIGHT, Circuit Judges, and DUPLANTIER, * District Judge.

_____________ PER CURIAM. Frank R. Peerman appeals his drug-related convictions for conspiracy, attempt to possess with intent to distribute, and use of a firearm in relation to a drug-trafficking offense. Peerman contends the evidence is insufficient to support his convictions for conspiracy and attempt to possess with intent to distribute. We reject his contentions. Peerman also contends there was plain error in the language of the attempt instructions given by the district court. Again, we reject his contention.-2- Peerman also contends the evidence is insufficient to support his drug-related firearm conviction. Our decision is guided by the Supreme Court's recent decision in Bailey v. United States , 116 S. Ct. 501 (1995). In light of Bailey , the Government concedes the use of a firearm conviction should be reversed. We agree. We thus affirm the drug convictions and reverse the firearm conviction. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Before the Second Division,

November 4, 1948

No. 52657.

protest 137891-K (New York).

#### B. Altman & Co. *v.*United States,

Opinion by

Tilson, J.

In accordance with stipulation of counsel that certain items of the merchandise consist of knitted wool scarves similar in all material *234respects to those passed upon in Abstract 50303, the claim of the plaintiff was sustained.
```

[Federal Register Volume 72, Number 54 (Wednesday, March 21, 2007)]
[Notices]
[Pages 13341-13342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5146]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Request for Renewal of a Previously Approved Collection

AGENCY: Office of the Secretary.

ACTION: Notice.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35, as amended), this notice announces that the 
Information Collection Request (ICR) abstracted below which will be 
forwarded to the

[[Page 13342]]

Office of Management and Budget (OMB) for renewal. The ICR describes 
the nature of the information collection and its expected burden. The 
Federal Register Notice with a 60-day comment period soliciting 
comments on the following collection of information was published on 
September 26, 2006 [Vol. 71, No. 186, Page 56212]. No comments were 
received.

DATES: Comments on this notice must be received by April 20, 2007 and 
sent to the attention of the DOT/OST Desk Officer, Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Docket library, Room 10102, 725 17th Street, NW., Washington, DC 20503 
or [email protected] (e-mail).

FOR FURTHER INFORMATION CONTACT: Lauralyn Remo, Air Carrier Fitness 
Division (X-56), Office of Aviation Analysis, Office of the Secretary, 
U.S. Department of Transportation, 400 Seventh Street, SW., Washington, 
DC 20590, (202) 366-9721.

SUPPLEMENTARY INFORMATION:
    Title: Use and Change of Names of Air Carriers, Foreign Air 
Charters, and Commuter Air Carriers, 14 CFR part 215.
    OMB Control Number: 2106-0043.
    Affected Entities: Persons seeking to use or change the name or 
trade name in which they hold themselves out to the public as an air 
carrier or foreign air carrier.
    Frequency of response: On occasion.
    Number of respondents: 13.
    Annual Estimated Total Burden on Respondents: 65 hours.
    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Department, including whether the information will have practical 
utility; (b) the accuracy of the Department's estimate of the burden of 
the proposed information collection; (c) ways to enhance the quality, 
utility and clarity of the information to be collected; and (d) ways to 
minimize the burden of the collection of information on respondents, 
including the use of automated collection techniques or other forms of 
information technology.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record.

    Issued in Washington, DC on March 15, 2007.
Patricia Lawton,
IT Investment Management Office, U.S. Department of Transportation.
[FR Doc. E7-5146 Filed 3-20-07; 8:45 am]
BILLING CODE 4910-9X-P
```
No. 53057.

Suit 4587.

#### Puget Sound Freight Lines et al. *v.*United States.

C. D. 1070 affirmed February 1, 1949. C. A. D. 400.
II 

118TH CONGRESS 

2D SESSION S. 4798 

To provide a combat status identifier equivalent for remotely piloted aircraft 

crew who conduct combat operations, and require a study to identify 

opportunities to provide more support services to, and greater recognition 

of, their combat accomplishments. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2024 

Ms. ROSEN (for herself and Mr. CRAMER) introduced the following bill; which 

was read twice and referred to the Committee on Armed Services 

A BILL 

To provide a combat status identifier equivalent for remotely 

piloted aircraft crew who conduct combat operations, and 

require a study to identify opportunities to provide more 

support services to, and greater recognition of, their combat accomplishments. 

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 ‘‘Combat Action Rec5 ognition and Evaluation (CARE) for Remotely Piloted 

6 Aircraft (RPA) Crews Act of 2024’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 4798 IS

1 SEC. 2. COMBAT STATUS IDENTIFIER EQUIVALENT FOR RE2 MOTELY PILOTED AIRCRAFT CREW. 

3 Not later than 180 days after the date of the enact4 ment of this Act, the Secretaries of the military depart5 ments shall establish a status identifier of equivalent merit 

6 as a combat status identifier for remotely piloted aircraft 

7 (RPA) crew who conduct combat operations. 

8 SEC. 3. STUDY ON COMBAT ACCOMPLISHMENTS OF RE9 MOTELY PILOTED AIRCRAFT CREW. 

10 (a) IN GENERAL.—Not later than 60 days after the 

11 date of the enactment of this Act, the Secretary of Defense 

12 shall seek to enter into an agreement with a federally 

13 funded research and development center to conduct an 

14 independent study to identify opportunities to provide 

15 more support services to, and greater recognition of, com16 bat accomplishments of RPA crew. 

17 (b) ELEMENTS.—The study required under sub18 section (a) shall— 

19 (1) explore methods for identifying those mem20 bers of a RPA crew who conduct combat operations; 

21 (2) review the manner of documentation for 

22 RPA crew conducting combat operations; 

23 (3) propose decorations and awards for combat 

24 operations available to RPA crew; 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 4798 IS

1 (4) assess whether to award campaign medals 

2 for RPA crew conducting combat operations in a 

3 named campaign; and 

4 (5) examine whether post-separation health (in5 cluding mental health) care is available to RPA crew 

6 who conduct combat operations. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
#### O’BRIEN *v.*CITY OF DETROIT ELECTION COMMISSION

Elections — Officers—Municipal Corporations — Constitutional

Law — Legislators—City Treasurer.

*A*state legislator is ineligible for appointment or election to the office of city treasurer during the period of his term in the legislature because the office of city treasurer is a state office since that officer is the collector of school taxes and the public schools are state agencies (Const 1963, art 4, § 9).

Reference for Points in Headnote

42 Am Jur, Public Officers § 58 *et seq.*

Appeal from Wayne, Joseph Moynihan, Jr., J., and from Court of Appeals prior to decision.

Submitted August 18, 1969.

(Docket No. 52,556.)

Decided August 19, 1969.

Opinion filed July 28, 1970.

Complaint by William J. O’Brien against City of Detroit Election Commission, Secretary of Detroit Election Commission, and City of Detroit Clerk for a writ of mandamus to compel defendants to strike the names of James Del Rio and Frank Wierzbicki from the ballots as candidates for the office of treasurer for the City of Detroit. Complaint dismissed. Plaintiff appealed to the Court of Appeals and applied to the Supreme Court for leave to appeal prior to decision by the Court of Appeals. Leave granted. Writ of mandamus ordered to issue.

*A. R. DeBiasi*and *M. John Bhamo,*for plaintiff.

*Robert Reese,*Corporation Counsel, and *Robert D. MeClear*and *David 8. DeWitt,*Assistants Corporation Counsel, for defendants.

*708
      *Amicus Curiae: Frank J. Kelley,*Attorney General, *Robert A. Derengoski,*Solicitor General, and *Russell A. 8earl,*Assistant Attorney General.

Per Curiam.

In this case, plaintiff filed an emergency motion for leave to appeal to this Court prior to disposition by the Court of Appeals. The motion was granted. This Court, on its own motion, reversed the judgment of the Wayne County Circuit Court dismissing plaintiff’s action and remanded the case to the trial court to enter a judgment of mandamus.

In the case of *Richardson*v. *Secretary of State*(1968), 381 Mich 304, this Court gave consideration to the eligibility of a legislator to receive appointment or election to another public office during the period of his term in the legislature. Following the reasoning of *Richardson,*this Court concluded that a state legislator is ineligible for the office of Detroit city treasurer as being a state office within the meaning of the constitutional provision. * See *Attorney General, ex rel. Moreland,*v. *Common Council of City of Detroit*(1897), 112 Mich 145, pp 166-168. The city treasurer is the collector of school taxes. The public schools are state agencies. See *Public Schools of the City of Battle Creek*v. *Kennedy*(1929), 245 Mich 585, 587 (and cases cited therein).

T. E. Brennan, C. J., and Dethmers, Kelly, T. M. Kavanagh, Adams, and T. G; Kavanagh, JJ., concurred.

Black, J., did not sit in this case.

Const 1963, art 4, § 9.—Reporter.
<PAGE>

                                                                    EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-8 Numbers 333-33382 and 333-60354) pertaining to the 2000 Stock Incentive Plan
and 2000 Employee Stock Purchase Plan of Websense, Inc. of our report dated
January 18, 2002, with respect to the consolidated financial statements and
schedule of Websense, Inc. included in the Annual Report (Form 10-K) for the
year ended December 31, 2001.

                                                  /S/ ERNST & YOUNG LLP


San Diego, California
March 29, 2002
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 Quarterly Report of Kronos Worldwide, Inc. (the Company)
      on
      Form 10-Q for the quarter ended September 30, 2007 as filed with the Securities
      and Exchange Commission on the date hereof (the Report), I, Harold C. Simmons,
      Chief Executive Officer of the Company, and I, Gregory M. Swalwell, Chief
      Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
      adopted pursuant to § 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/
      Harold C. Simmons


Harold
      C.
      Simmons


Chief
      Executive Officer








/s/
      Gregory M. Swalwell


Gregory
      M. Swalwell


Chief
      Financial Officer








November
      5, 2007








Note:  The
      certification the registrant furnishes in this exhibit is not deemed “filed” for
      purposes of Section 18 of the Securities Exchange Act of 1934, as amended,
      or
      otherwise subject to the liabilities of that Section.  Registration
      Statements or other documents filed with the Securities and Exchange Commission
      shall not incorporate this exhibit by reference, except as otherwise expressly
      stated in such filing.
#### **EXHIBIT 10.20**

#### ** **

##### **OFFICER’S BONUS TERM SHEET**

##### ** **

## **All vice presidents of Websense, Inc. not covered by another incentivecompensation program are generally eligible for an annual target bonus of 25%of their annual salary (“Annual Target”). This bonus is based upon the Company achieving a combination ofobjective performance goals, including its billings and/or operating profitobjectives, along with any other Company or individual performance goals as maybe determined by the Compensation Committee.**

## ** **

#### **Bonusesare earned and paid quarterly, based on the achievement of quarterlyperformance goals.  Each officer’squarterly target bonuses generally cumulate to 80% of the Annual Target,although each quarter’s target bonus may vary as a percentage of the AnnualTarget.   At the end of the fiscal year,an additional target bonus amount generally equal to 20% of the Annual Targetmay be earned based on the achievement of annual performance goals.**

#### ** **

**Quarterlyand annual bonuses under the plan, if earned, may range from 50% of the targetbonus amount (based on non-satisfaction of objectives) to a maximum of 150% ofthe target bonus amount (based on exceeding objectives).**

** **

**TheCompany reserves the right to change the officer bonus terms and/or Term Sheetfrom time to time as it feels necessary to accomplish its goals, including as aresult of market conditions, personnel, new or different product offeringsand/or corporate restructuring.**

 

----
[Federal Register Volume 72, Number 10 (Wednesday, January 17, 2007)]
[Notices]
[Page 2010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-522]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AK-932-1430-FQ; AA-17989, AA-65551]


Public Land Order No. 7674; Partial Revocation of Executive Order 
No. 3406 and Executive Order Dated January 4, 1901; Alaska

AGENCY: Bureau of Land Management, Interior.

ACTION: Public Land Order.

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

SUMMARY: This order revokes two Executive Orders insofar as they affect 
approximately 1,725.81 acres of National Forest System lands withdrawn 
for lighthouse purposes within Alaska. The lands are no longer needed 
for the purpose for which they were withdrawn.

EFFECTIVE DATE: January 17, 2007.

FOR FURTHER INFORMATION CONTACT: Terrie D. Evarts, Bureau of Land 
Management, Alaska State Office, 222 W. Seventh Avenue, <greek-i>13, 
Anchorage, Alaska 99513-7599, 907-271-5630.

SUPPLEMENTARY INFORMATION: The lands withdrawn for Cape Decision, Point 
Retreat, and Five Finger lighthouses were conveyed out of Federal 
ownership pursuant to Public Law 105-383 (112 Stat. 3411). This 
revocation is for record-clearing purposes only.

Order

    By virtue of the authority vested in the Secretary of the Interior 
by section 204 of the Federal Land Policy and Management Act of 1976, 
43 U.S.C. 1714 (2000), it is ordered as follows:
    Executive Order No. 3406 and Executive Order dated January 4, 1901, 
which withdrew National Forest System lands from surface entry and 
mining and reserved them for use by the United States Coast Guard for 
lighthouse purposes, are hereby revoked insofar as they affect the 
following described lands:

Copper River Meridian

(Cape Decision Executive Order No. 3406),
    U. S. Survey No. 1609, located within Tps. 67 and 68 S., R. 73 
E.,
(Point Retreat Executive Order dated January 4, 1901),
    U. S. Survey No. 1597, located within T. 40 S., Rs. 63 and 64 
E.,
(Five Finger Executive Order dated January 4, 1901),
    Island located within T. 53 S., R. 74 E., sec. 15, S\1/2\.,
    The areas aggregate approximately 1,725.81 acres.

    Dated: December 14, 2006.
C. Stephen Allred,
Assistant Secretary, Land and Minerals Management.
[FR Doc. E7-522 Filed 1-16-07; 8:45 am]
BILLING CODE 4310-JA-P
No. 59613.

protest 199976-K (New York).

#### Chinese Art & Products, Inc., and W. J. Byrnes & Co. of N. Y., Inc. *v.*United States,

Opinion by

Donlon, J.

It was stipulated that the merchandise consists of trays the same in all material respects as those involved in *Ignaz Strauss & Co., Inc.*v. *United States*(9 Cust. Ct. 342, C. D. 710), and *Ignaz Strauss & Co., Inc.*v. *United States*(28 Cust. Ct. 280, C. D. 1423). In accordance with stipulation of counsel and on the authority of the decisions cited, the merchandise was held *362dutiable as follows: (1) The items marked with the letter “A” at' 15 percent under the provision in paragraph 339, as modified by the General Agreement on Tariffs and Trade (T. D. 51802), Supplemented by Presidential proclamation (T. D. 51909), for household utensils, composed wholly or in chief value of brass, not plated with platinum, gold, or silver; and (2) the items marked with the letter “B” at 20 percent under the provision in paragraph 339, as modified by T. D. 51802, for household utensils, composed wholly or in chief value of copper or antimony, not plated with platinum, gold, or silver.