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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-8135

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

CHARLES ODELL WILLIAMS, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Terrence W. Boyle, 

District Judge. (5:03-cr-00239-BO; 5:07-cv-3-BO) 

Submitted: May 21, 2009 Decided: May 27, 2009 

Before MOTZ, TRAXLER, and AGEE, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Charles Odell Williams, Appellant Pro Se. Steve R. Matheny, 

Rudolf A. Renfer, Jr., Assistant United States Attorneys, 

Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Charles Odell Williams seeks to appeal the district 

court’s order denying relief on his 28 U.S.C.A. § 2255 (West 

Supp. 2008) motion. The order is not appealable unless a 

circuit justice or judge issues a certificate of appealability. 

28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability 

will not issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 

322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); 

Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have 

independently reviewed the record and conclude that Williams has 

not made the requisite showing. Accordingly, we deny Williams’ 

motion for 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 99.1


                        CERTIFICATION OF THE PRESIDENT

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

                            AS ADOPTED PURSUANT TO

                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

    I, Ramon Chimelis, president, treasurer, and secretary, certify that
the forgoing quarterly report on Form 10-QSB containing the financial
statements set forth within fully comply with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m or 78o (d)) and that information contained in the quarterly report
presents fairly, in all material respects, the financial condition and
results of operations of Big Sky Industries IV, Inc.


Date: May 20, 2003             /s/ Ramon Chimelis
                               -------------------------------
                               Ramon Chimelis
                               President



<PAGE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                          230,526
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     10,000
<COMMON>                                       216,470
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                16,600
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,000
<INCOME-PRETAX>                               (27,600)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (27,600)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (27,600)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0


</TABLE>
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk February 24, 2009

p0217 

# Order

February 24, 2009

137378(34)

DAVID McMILLIAN, Plaintiff-Appellant,

v SC: 137378 COA: 286371 Wayne CC: 03-325112-CZ DTE ENERGY, Defendant-Appellee.

________________ _______________ __________/

On order of the Court, the motion for re consideration of this Court’s November 25, 2008 order is considered, and it is DENIED, because it doe s not appear that the order was entered erroneously.
[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Notices]
[Page 42587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20858]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Notice of Closed Meeting of the National Deafness and Other 
Communication Disorders Advisory Council

    Pursuant to Pub. L. 92-463, notice is hereby given of the meeting 
of the National Deafness and Other Communication Disorders Advisory 
Council from 1-2 pm on September 11, 1997, in Building 31, Room 3C05, 
National Institutes of Health, 9000 Rockville Pike, Bethesda MD 20892. 
The meeting will be held as a telephone conference call.
    In accordance with the provisions set forth in sections 552b(c)(4) 
and 552b(c)(6), Title 5, United States Code and section 10(d) of Pub. 
L. 92-463, the meeting will be closed to the public. The meeting will 
include the review, discussion, evaluation of individual grant 
applications. The applications and the discussions could reveal 
confidential trade secrets or commercial property such as patentable 
material, and personal information concerning individuals associated 
with the applications, the disclosure of which would constitute a 
clearly unwarranted invasion of personal privacy.
    Further information concerning the meeting may be obtained from Dr. 
Craig A. Jordan, Executive Secretary, National Deafness and Other 
Communication Disorders Advisory Council National Institute on Deafness 
and Other Communication Disorders, National Institutes of Health, 
Executive Plaza South, Room 400C, 6120 Executive Blvd., MSC7180, 
Bethesda, Maryland 20892-7180, (301) 496-8693. A summary of the meeting 
and rosters of the members may also be obtained from his office.

(Catalog of Federal Domestic Assistance Program No. 93.173 
Biological Research Related to Deafness and Communication Disorders)

    Dated: July 31, 1997.
LaVerne Y. Stringfield,
Committee Management Officer, National Institutes of Health.
[FR Doc. 97-20858 Filed 8-6-97; 8:45 am]
BILLING CODE 4140-01-M
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Land Management Plan

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Aug 27, 2007

\\alismurphy\home\mprlm\projects\landplan\Maps\Ocoees_land_plan\Ocoees_land_plan_for_Web.mxd
#### DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, State of Florida, Appellant, v. Lee R. FLOWERS, Jr., Appellee.

No. GG-217.

District Court of Appeal of Florida, First District.

Jan. 6, 1978.

Rehearing Denied Feb. 9, 1978.

*15L. Keith Pafford, Tallahassee, for appellant.

Jim L. Dye and Elwin R. Thrasher of Dye & Thrasher, Tallahassee, for appellee.

PER CURIAM.

The lower court, applying estop-pel, ordered the Department to pay retirement benefits to Appellee in accordance with an incorrect estimate that the Division of Retirement’s Benefit Calculation Section had mistakenly furnished Appellee in response to his inquiries about his prospective retirement benefits. The Department contends here that the court erred in applying estoppel against the State. We reluctantly agree and reverse. The authorities are clear that estoppel cannot be raised against the State unless there are exceptional circumstances and some positive act on the part of a state officer. *Gay*v. *Inter-County Tel. & Tel. Co.,*60 So.2d 22 (Fla.1952); *Greenhut Construction Co. v. Henry A. Knott, Inc.,*247 So.2d 517 (Fla. 1st DCA 1971).

REVERSED.

McCORD, C. J., and BOYER and MELVIN, JJ., concur.
<TABLE>


                                 EXHIBIT No. 11
                                  IMATRON INC.
                        Computation of Per Share Earnings
                      (in thousands, except per share data)

<CAPTION>

                                   Year ended December   Year ended December        Year ended December
BASIC AND DILUTED                       31, 1997            31, 1996                     31, 1995

-----------------------------      ------------------- ---------------------     ----------------------
<S>                                          <C>                  <C>                     <C>     

Weighted average common shares
outstanding                             78,461                  74,406                       57,598
                                   ------------------  ---------------------    ----------------------
 
Total                                  78,461                  74,406                         57,598
                                   ------------------  ---------------------    ----------------------

Net loss                            $ (11,422)           $     (13,737)              $       (2,449)
                                   ------------------  ---------------------    ----------------------
                                                    

Basic and diluted 
  net loss per share                 $  (0.15)            $      (0.18)              $        (0.04)
                                   =================  =====================    ======================

</TABLE>


<PAGE>

<TABLE>

 
                                  SCHEDULE II
                                  IMATRON INC.

                 Valuation and Qualifying Accounts and Reserves
                                 (In thousands)
<CAPTION>


                                                                Balance at                                     
                                                               Beginning of          Charged to Costs      Balance at End     
  Description                                                       Period              and Expenses         of the Period
--------------------------------------------------------     ------------------    ------------------    ----------------
<S>                                                                        <C>             <C>                     <C>  

Balances for the year ended December 31, 1995:
   Allowance for doubtful accounts receivable                             $160               $ 11                $ 171
   Allowance for doubtful accounts receivable 1996:                        171                939                1,110
Balances for the year ended December 31, 1997:
   Allowance for doubtful accounts receivable                            1,110              1,648                2,758

</TABLE>
#### James M. KAUFMAN, Appellant, v. Louis F. HARDER, Realtor, Appellee.

No. 76-1136.

District Court of Appeal of Florida, Third District.

Jan. 17, 1978.

Rehearing Denied Feb. 10, 1978.

Aronovitz & Weksler, Miami, for appellant.

Herskowitz & Grossman, Miami, for ap-pellee.

Before PEARSON, HENDRY and HUB-BART, JJ.

PER CURIAM.

This is a suit for the recovery of a real estate broker’s commission in which judgment was entered for the broker after a non-jury trial. We reverse.

The facts are rather complex but it is clear from the record that the broker Louis F. Harder through his employee Harry Goldsmith performed no services for the defendant James M. Kaufman to which Harder was entitled to a commission for the sale of the Boskind parcel in Brevard County, Florida, as claimed in the complaint. James M. Kaufman bought the property as a partner with another real estate broker Mitchell Mark without any assistance from Harder or Goldsmith. Although Kaufman gratuitously agreed to pay Harder $25,000 on this transaction and did in fact pay Harder $12,500 pursuant thereto, it is clear that such promise was not based upon any consideration and was entirely unenforceable. The law is clear that there can be no indebtedness without legal consideration; and that a mere gratuitous promise of a future gift, lacking consideration, is unenforceable as a nudum pactum. *Mt. Sinai Hospital of Greater Miami, Inc. v. Jordan,*290 So.2d 484, 486 (Fla.1974); *Casa Marina Hotel Co. v. Barnes,*105 So.2d 204, 206 (Fla. 3d DCA 1958). Accordingly, there can be no recovery by Harder based upon Kaufman’s failure to completely honor his promise to pay.

The judgment appealed from is reversed and the cause remanded to the trial court for directions to enter a judgment for the defendant James M. Kaufman.

PEARSON, J., dissents.
----

**Exhibit 32.1**

**CERTIFICATION PURSUANT TO****SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002****(18 U.S.C. SECTION 1350)**

 In connection with the Quarterly Report of Coventure International Inc., a  Delaware corporation (the “Company”), on Form 10-QSB for the three  month period ending October 31, 2004, as filed with the Securities and Exchange  Commission (the “Report”), John Hromyk, Chief Executive Officer  and Chief Financial Officer of the Company, does hereby certify, pursuant to  § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to  his 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 result of operations of the Company. |

| /s/ John Hromyk                                                                                |   |
|------------------------------------------------------------------------------------------------|--------|
| John Hromyk      Chief Executive Officer/Chief       Financial Officer       December 15, 2004 |   |

[A signed original of this written statement required by Section 906 has been  provided to Coventure International Inc. and will be retained by Coventure International  Inc. and furnished to the Securities and Exchange Commission or its staff upon  request.]

----
Exhibit 32.2



WRITTEN STATEMENT OF THE CHIEF FINANCIAL OFFICER



Pursuant to 18 U.S.C. Section 1350



Solely for the purposes of complying with 18 U.S.C. §1350, I, the undersigned Chief Financial Officer of Jagged Peak, Inc. (the Company),
hereby certify, based on my knowledge, that the Quarterly Report on Form 10-QSB of the Company for the period ended September 30, 2005, (the Report) fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                        |  |                        
|----------------------- |  | -----------------------
|Date: November 10, 2005
|                        | 
|By:                     |  | /s/ Andrew J. Norstrud 
|                        |  | Chief Financial Officer
Exhibit 32.2

Certification

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States
Code), the undersigned officer of Immunomedics. Inc., a Delaware corporation (the Company), does hereby certify, to such officers knowledge, that:

The Annual Report on Form 10-K for the fiscal year ended June 30, 2006 (the Form 10-K) of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934, and the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: August 29, 2006



|                                                                                 |  |  |  | 
|-------------------------------------------------------------------------------- |  |  |  | 
|/s/ GERARD G. GORMAN                                                             |  |  |  | 
|Gerard G. Gorman                                                                 |  |  |  | 
|Senior Vice President, Finance and Business Development,
Chief Financial Officer |  |  |  | 

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.
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 Big Sky Industries III, Inc. (the Company) on Form 10-Q for the period ending March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ramon Chimelis, President of the Company, certify, pursuant to 18 U.S.C. 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.



Dated: January 27, 2009



/s/ Ramon Chimelis

Ramon Chimelis, President

Big Sky Industries III, Inc.
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 Quarterly Report of Big Sky Industries III, Inc. (the Company) on Form 10-Q for the period ending March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ramon Chimelis, Treasurer of the Company, certify, pursuant to 18 U.S.C. 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.



Dated: January 20, 2009



/s/ Ramon Chimelis

Ramon Chimelis, Treasurer

Big Sky Industries III, Inc.
Exhibit
23.0





Consent
of Wolf & Company, PC




CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We
consent to the incorporation by reference in Registration Statement Nos.
333-135692 and 333-145773 on Form S-8 of our report dated March 20, 2008
relating to the consolidated financial statements of Newport Bancorp, Inc. and
Subsidiary as of December 31, 2007 and 2006 and for the years then ended
appearing in this Annual Report on Form 10-K.








/s/ Wolf
& Company, P.C.





Boston,
Massachusetts


March 20,
2008
----

----

| 1.  | The      Quarterly Report fully complies with the requirements of      Section 13(a) or 15(d) of the Securities Exchange Act of      1934, as amended; and |
|----------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.   | The      information contained in the Quarterly Report fairly presents, in all      material respects, the financial condition and results of operations of      the LP. |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: May      13, 2009                                                                                                     |   |   |
|----------------------------------------------------------------------------------------------------------------------------------|--------|--------|
|                                                                                                                             |   |   |
| /s/      Michael A. Reisner                                                                                                      |   |   |
| Michael      A. Reisner                                                                                                          |   |   |
| Co-Chief      Executive Officer and Co-PresidentICON      Capital Corp.General      Partner of ICON Income Fund Eight BL.P. |
##### 



EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL
OFFICER

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 on
Form 10-K of Hudson Valley Holding Corp. (the
Company) for the year ending December 31, 2006
as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Stephen R. Brown, Senior
Executive Vice President, Chief Financial Officer and Treasurer
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 result of operations of the Company.



| |                                 
| | --------------------------------
| | /s/ STEPHEN R. BROWN            
| |                                 
| | Stephen R. Brown                
| | Senior Executive Vice President,
| | Chief Financial Officer and     
| | Treasurer                       

Dated: March 15, 2007