alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*Pursuant to Local Rule 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 95-31288

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CLARENCE ROBINSON, JR.,

Defendant-Appellant.

 

Appeal from the United States District Court for the

Middle District of Louisiana

(CR-94-26-B-M2)

 

September 25, 1996

Before GARWOOD, JOLLY and DENNIS, Circuit Judges.*

PER CURIAM:

Clarence Robinson, Jr., appeals his sentence following his

jury trial conviction for possession of a firearm by a convicted

felon. Robinson argues that the district court denied him due

process of law regarding his sentence because the court denied his

motion for continuance and his motion for funds to hire an
2

investigator. Robinson also argues that the district court

erroneously applied the preponderance of the evidence burden of

proof at his sentencing hearing. As the district court did not

abuse its discretion in denying Robinson’s motions, Robinson was

not denied due process of law. See United States v. Gadison, 8

F.3d 186, 191 (5th Cir. 1993); United States v. Correa-Ventura, 6

F.3d 1070, 1074 (5th Cir. 1993); United States v. Goodwin, 770 F.2d

631, 634 (7th Cir. 1985). The district court correctly applied the

preponderance of the evidence standard as the appropriate standard

of review at Robinson’s sentencing. See United States v. Megerson,

4 F.3d 337, 343-344 (5th Cir. 1993), cert. denied, 114 S.Ct. 1310

(1994).

AFFIRMED
```

[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Page 80568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32048]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Proposed Modification of the Philadelphia, PA, Class B Airspace 
Area; Public Meetings

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of meetings; correction.

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

SUMMARY: This action corrects an error in the notice of meetings 
published in the Federal Register on Tuesday, November 30, 2010, 
concerning a proposal to revise Class B airspace at Philadelphia, PA. 
The name and phone number of the person to contact for further 
information has changed from that published in the notice.

SUPPLEMENTARY INFORMATION:

History

    On Tuesday, November 30, 2010, a notice of meetings was published 
in the Federal Register concerning a proposal to revise Class B 
airspace at Philadelphia, PA (75 FR 74127). The name and phone number 
of the person to contact for further information has subsequently been 
changed. This action provides the correct information.

Correction

    In notice of meetings FR Doc. 2010-30085, as published on November 
30, 2010 (75 FR 74127) on page 74127, column two, make the following 
correction:

FOR FURTHER INFORMATION CONTACT: Dennis Sweeney, Philadelphia ATCT/
TRACON, 15 Hog Island Road, Philadelphia, PA 19153; telephone: 215-492-
4100, extension 287.

    Issued in Washington, DC, on December 14, 2010.
Edith V. Parish,
Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2010-32048 Filed 12-20-10; 8:45 am]
BILLING CODE 4910-13-P
```
No. 42960.

#### Protest 936273-G of N. Y. Merchandise Co., Inc. (New York).

Opinion by

Tilson, J.

In accordance with stipulation of counsel and on the authority of *United States*v. *Woolworth*(24 C. C. P. A. 338, T. D. 48770) the rubber balls in question were held dutiable at 30 percent under paragraph 1502 as claimed.
[Federal Register Volume 72, Number 62 (Monday, April 2, 2007)]
[Notices]
[Pages 15728-15729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5956]


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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice (07-029)]


Aerospace Safety Advisory Panel; Meeting

AGENCY: National Aeronautics and Space Administration.

ACTION: Notice of meeting.

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

SUMMARY: In accordance with the Federal Advisory Committee Act, Pub. L. 
92-463, as amended, the National Aeronautics and Space Administration

[[Page 15729]]

announces a forthcoming meeting of the Aerospace Safety Advisory Panel.

DATES: Tuesday, April 24, 2007, 1 p.m. to 3 p.m. Central Daylight Time.

ADDRESSES: Johnson Space Center, 2101 NASA Road 1, Robert H. Gilruth 
Recreation Center, Lone Star Room (R216), Houston, TX 77058.

FOR FURTHER INFORMATION CONTACT: Mr. Mark M. Kowaleski, Aerospace 
Safety Advisory Panel Executive Director, National Aeronautics and 
Space Administration, Washington, DC 20546, (202) 358-0751.

SUPPLEMENTARY INFORMATION: The Aerospace Safety Advisory Panel will 
hold its Quarterly Meeting. This discussion is pursuant to carrying out 
its statutory duties for which the Panel reviews, identifies, 
evaluates, and advises on those program activities, systems, 
procedures, and management activities that can contribute to program 
risk. Priority is given to those programs that involve the safety of 
human flight. The agenda will include Safety Organization and 
Management; Technical Governance; Major Contractor Safety; 
Constellation Program Safety; and Commercial Orbital Transportation 
Services Safety. The meeting will be open to the public up to the 
seating capacity of the room (50).
    Seating will be on a first-come basis. Please contact the ASAP 
Office at (202) 358-0914 at least 48 hours in advance to reserve a 
seat. Visitors will be requested to sign a visitor's register. 
Photographs will only be permitted during the first 10 minutes of the 
meeting. During the first 30 minutes of the meeting, members of the 
public may make a 5-minute verbal presentation to the Panel on the 
subject of safety in NASA. To do so, please contact Ms. Susan Burch on 
(202) 358-0914 at least 24 hours in advance. Any member of the public 
is permitted to file a written statement with the Panel at the time of 
the meeting. Verbal presentations and written comments should be 
limited to the subject of safety in NASA.

    Dated: March 19, 2007.
P. Diane Rausch,
Advisory Committee Management Officer, National Aeronautics and Space 
Administration.
[FR Doc. E7-5956 Filed 3-30-07; 8:45 am]
BILLING CODE 7510-13-P
----

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 Gryphon GoldCorporation (the "Company") on Form 10-QSB/A for the period ended December 31,2006, as filed with the Securities and Exchange Commission on the date hereof(the "Report"), I, Anthony D.J. Ker, Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of 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 allmaterial respects, the financial condition and results of operations of theCompany. 

Date: July 20, 2007 
 By:   /s/ Anthony D.J. Ker                   Anthony D.J. Ker             Chief Executive    Officer
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

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

December 26, 2012

d1217

Order 

December 26, 2012

144961(21)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 144961

COA: 306929

Macomb CC: 2010-000721-FH

MYRON ODELL BANKS,

Defendant-Appellant.

_________________________________________/

On order of the Court, the motion for reconsideration of this Court’s July 24, 2012 

order is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously.
```

[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Notices]
[Page 44943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17893]

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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

State Energy Advisory Board (STEAB)

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of Open Teleconference.

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

SUMMARY: This notice announces a teleconference call of the State 
Energy Advisory Board (STEAB). 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, August 15, 2013, from 3:30 p.m. to 4:00 p.m. (EDT). To 
receive the call-in number and passcode, please contact the Board's 
Designated Federal Officer (DFO) at the address or phone number listed 
below.

FOR FURTHER INFORMATION CONTACT: Gil Sperling, STEAB Designated Federal 
Officer, U.S. Department of Energy, Office of Energy Efficiency and 
Renewable Energy, 1000 Independence Ave. SW., Washington, DC, 20585. 
Phone number is (202) 287-1644.

SUPPLEMENTARY INFORMATION: 
    Purpose of the Board: To make recommendations to the Assistant 
Secretary for the Office of Energy Efficiency and Renewable Energy 
regarding goals and objectives, programmatic and administrative 
policies, and to otherwise carry out the Board's responsibilities as 
designated in the State Energy Efficiency Programs Improvement Act of 
1990 (Pub. L. 101-440).
    Tentative Agenda: Receive an update on the activities of the 
STEAB's Taskforces and discuss the formation of new Taskforces to 
assist EERE with the Clean Energy Manufacturing Initiative and other 
proposed programs, provide an update to the Board on routine business 
matters and EERE areas of interest, follow-up on outstanding items from 
the recent STEAB live meeting, and work on agenda items and details for 
the October 2013 meeting.
    Public Participation: The meeting is open to the public. Written 
statements may be filed with the Board either before or after the 
meeting. Members of the public who wish to make oral statements 
pertaining to agenda items should contact Gil Sperling at the address 
or telephone number listed above. Requests to make oral comments must 
be received five days prior to the meeting; reasonable provision will 
be made to include requested topic(s) on the agenda. The Chair of the 
Board is empowered to conduct the meeting in a fashion that will 
facilitate the orderly conduct of business.
    Minutes: The minutes of the meeting will be available for public 
review and copying within 60 days on the STEAB Web site at: 
www.steab.org.

    Issued at Washington, DC, on July 18, 2013.
LaTanya R. Butler,
Deputy Committee Management Officer.
[FR Doc. 2013-17893 Filed 7-24-13; 8:45 am]
BILLING CODE 6450-01-P
```
No. 61948.

#### Charles Orlando Co. *v.*United States,

protest 312184-K (New York).

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of condimento similar in all material respects to that the subject of *Paolo Alonge, Inc.*v. *United States*(38 Cust. Ct. 351, C. D. 1886), the claim of the plaintiff was sustained.
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the quarterly report of DayStar Technologies, Inc. (the “Company”) on Form 10-QSB for the three months ended March 31, 2006 as filedwith the Securities and Exchange Commission on the date therein specified (the “Report”), I, John R. Tuttle, President, and Chief Executive Officer of the Company, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that: 

1. The Report fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and 

2. The information contained in the Report fairlypresents, in all material respects, the financial condition and results of operations of the Company. 

Date: May 12, 2006 

 

This Certification is being furnished solely to accompany the Report pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed “filed” by the Company for purposes of Section 18 of the Securities Act of 1933, as amended, or the SecuritiesExchange Act of 1934, as amended, whether made before or after the date of this Report, irrespective of any general incorporation language contained in such filing. A signed original of this written statement required by Section 906 has beenprovided to DayStar Technologies, Inc. and will be retained by DayStar Technologies, Inc. and furnished to the Securities and Exchange Commission or its staff upon request
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR. R.

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-30119

Summary Calendar

 

DAVID M. NICHOLS,

Plaintiff-Appellant,

versus

WAYNE F. MCELVEEN, Sheriff;

SHERIFF’S DEPARTMENT OF

CALCASIEU PARISH, 

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 96-CV-1054 

C/W 96-CV-1134

- - - - - - - - - -

July 22, 1997

Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.

PER CURIAM:*

David M. Nichols, Texas state prisoner # 666133, argues that

the district court erred in granting the defendants’ motion for

summary judgment and in dismissing Nichols’ complaint alleging

that he was falsely imprisoned by the defendants.
No. 97-30119

- 2 -

We have reviewed the record, the opinion of the district

court, and the briefs, and find that the dismissal of the

complaint should be affirmed substantially for the reasons

adopted by the district court. See Nichols v. McElveen, No. 96-

CV-1054 c/w 96-CV-1134 (W.D. La., Jan. 8, 1997).

Nichols’ motion for relief from judgment is DENIED.

AFFIRMED.
EXHIBIT
31.2


RULE
13a-14(a)/15d-14(a) CERTIFICATION





I, John
L. McManus, certify that:





1.   I
have reviewed this quarterly report on Form 10-Q/A of Aeolus Pharmaceuticals;
and





2.   Based
on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading
with respect to the period covered by this report.





Date:
August 27, 2010





/s/ John L. McManus  John L.
McManus


Principal
Financial and Accounting Officer
* 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. 

UNITED STATES COURT OF APPEALS

Filed 1/22/97

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

MONTGOMERY C. AKERS,

Defendant-Appellant.

No. 96-1398

(D.C. No. 96-CR-13-B)

(D. Colo.)

ORDER AND JUDGMENT*

Before ANDERSON, EBEL, and KELLY, Circuit Judges.

After examining the documents and appellate record filed in this case, this

panel has determined unanimously that oral argument would not materially assist

the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. 

The case is therefore ordered submitted without oral argument.
-2-

This bail appeal is before us for consideration of the government’s motion

to dismiss because of defendant’s status as a fugitive. Counsel for defendant has

not responded to the motion, but we are advised that defendant remains a fugitive. 

Federal courts have the authority to dismiss an appeal if the party seeking

relief is a fugitive while the matter is pending. Degen v. United States, 116 S. Ct.

1777, 1781 (1996). See also United States v. O’Neal, 453 F.2d 344, 345 (10th

Cir. 1972)(appeal of defendant freed on appeal bond who failed to appear when

ordered by district court would be dismissed unless he surrendered within thirty

days). The rule has long been that “although a prisoner’s fugitive status does not

necessarily strip a case of its character as a justiciable controversy, it does

however disentitle a petitioner in absentia to call upon the resources of the Court

for determination of his claims.” Gonzales v. Stover, 575 F.2d 827, 828 (10th

Cir. 1978)(citing Molinaro v. New Jersey, 396 U.S. 365, 366 (1970)). 

This appeal is taken from the setting of certain conditions of release. See

18 U.S.C. § 3145(c). Since defendant has now established that he is a flight risk,

it seems unlikely he would again be subject to the same release conditions. 

The appeal is DISMISSED. The mandate shall issue forthwith. 

ENTERED FOR THE COURT

PER CURIAM
AD Economic Evaluation

Docket No. FAA-2012-0502 Directorate ID: 2010-SW-097-AD

Appliance/Helicopter Model: Aeronautical Accessories, Inc.; Agusta S.p.A. Model AB412 and 

AB412EP; and Bell Helicopter Textron, Inc., Model 205A, 205A-1, 205B, 212, 412, 412CF, and 412EP 

Helicopters

Number of Helicopters (U.S. Operators): 115 Helicopters in the US Registry.

Reason: The actions of this AD are intended to prevent failure of a crosstube, collapse of the landing 

gear, and subsequent loss of control of the helicopter.

Costs:

Parts per Helicopter $9,315 (replacing a crosstube)

Labor per Helicopter

(0.5 x $85/work-hour for the 

historical card)

(8.5 x $85/work-hour for the 

prep and inspection)

(1 x $85/work-hour for the 

dimensional inspection)

(24 x $85/work-hour for the 

fluorescent penetrant 

inspection)

(10 x $85/work-hour for 

replacing a crosstube)

$42

$722 per cycle

$85 per cycle

$2,040 per cycle

$850

Other (Explain)

Total Cost per Helicopter $

Total US Fleet Cost $

Executive Order 12866:

Could the AD be considered a “significant regulatory action?” Yes ( ) No ()

DOT Regulatory Policies and Procedures:

Is the AD significant? Yes ( ) Explain Below No ()

Regulatory Flexibility Act:

Will the AD have a significant economic impact on a substantial number of small entities?

Yes ( ) No ()

Project Engineer: Michael Kohner
#### WEST SHORE RAILROAD COMPANY, APPELLANT, v. THE STATE BOARD OF TAXES AND ASSESSMENT ET AL., RESPONDENTS. UNITED NEW JERSEY RAILROAD AND CANAL COMPANY, APPELLANT, v. THE STATE BOARD OF TAXES AND ASSESSMENT ET AL., RESPONDENTS. CENTRAL RAILROAD COMPANY OF NEW JERSEY, APPELLANT, v. THE STATE BOARD OF TAXES AND ASSESSMENT ET AL., RESPONDENTS. HUDSON AND MANHATTAN RAILROAD COMPANY, APPELLANT, v. THE STATE BOARD OF TAXES AND ASSESSMENT ET AL., RESPONDENTS. RARITAN RIVER RAILROAD COMPANY, APPELLANT, v. THE STATE BOARD OF TAXES AND ASSESSMENT ET AL., RESPONDENTS. LEHIGH VALLEY RAILROAD COMPANY ET AL., APPELLANT, v. THE STATE BOARD OF TAXES AND ASSESSMENT ET AL., RESPONDENTS. ERIE RAILROAD COMPANY, APPELLANT, v. THE STATE BOARD OF TAXES AND ASSESSMENT ET AL., RESPONDENTS.

Argued November 22, 1918

Decided February 6, 1919.

On .appeal from the Supreme Court, whose opinion is reported in 92 N. *J. L.*332.

For the appellant, *Collins & Corbin.*

For the respondents, *John W.*Wescott, attorney general.

*649Per Curiam.

The judgments under review in the above stated cases should be affirmed, for the reasons expressed in the opinion delivered by Mr. Justice Minturn in the Supreme Court.

*For affirmance,*— The Chancellor, Chief Justice, Parker, Bergen, Kalisch, Black, White, Heppenheimer, Williams, Gardner, JJ. 10.

*For reversal*— ISTone.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission 

The following notice of meeting is published pursuant to Section 3(a) of the Government in the Sunshine Act (Pub. L. No. 94-409), 5 U.S.C. 552b

# Agency Holding Meeting:

 Federal Energy Regulatory Commission. 

# Date and Time:

January 18, 2007, 1 p.m. 

# Place:

Room 2C, Commission Meeting Room, 888 First Street, NE., Washington, DC 20426. 

# Status:

Closed. 

# Matters to be Considered:

Non-Public Litigation Matters. 

# Contact Person for More Information:

Magalie R. Salas, Secretary, Telephone (202) 502-8400. 

Chairman Kelliher and Commissioners Kelly, Spitzer, Moeller, and Wellinghoff voted to hold a closed meeting on January 18, 2007. The certification of the General Counsel explaining the action closing the meeting is available for public inspection in the Commission's Public Reference Room at 888 First Street, NE., Washington, DC 20426. 

The Chairman and the Commissioners, their assistants, the Commission's Secretary and her assistant, the General Counsel and members of his staff, and a stenographer are expected to attend the meeting. Other staff members from the Commission's program offices who will advise the Commissioners in the matters discussed will also be present. 

Magalie R. Salas, 

Secretary. 

[FR Doc. E7-577 Filed 1-17-07; 8:45 am] 

BILLING CODE 6717-01-P