alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT

________________ _________________ UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. DON MILTON STEELE, Defendant - Appellant. No. 18-3196 (D.C. Nos. 2:14-CV-02512-JWL & 2:10-CR-20037-JWL-1) (D. Kan.)

________________ _________________ ORDER DENYING CERTIFICATE OF APPEALABILITY *

________________ _________________ Before MATHESON , O’BRIEN , and McHUGH , Circuit Judges.

________________ _________________ Don Milton Steele, a federal p risoner proceeding pro se, seeks a certificate of appealability (COA) to appeal the district court’s order constr uing his “Petition for Relief from a Judgement or Order Pursuant to Rule 60(b)(2) and or 60(d )(3) ‘Savings Clause’ or Rule 60(b)(6) with request for E quitable Tolling” as an unautho rized second or successive 28 U.S.C. § 2255 pe tition, and dismissing it for lac k of jurisdiction. We deny a COA and dismiss this matter. Steele was convicted in 2012 o f counterfeiting and drug-related offenses, as well as possession of a firearm in furt herance of a drug-trafficking crime in violation of

* This order is not binding prec edent except under the doctrines of law of the case, res judicata, and collateral esto ppel. It may be cited, howeve r, for its persuasive value consistent with Fed. R. App. P . 32.1 and 10th Cir. R. 32.1. FILED United States Court of Appeals Tenth Circuit 

### January 22, 2019
Elisabeth A. Shumaker Clerk of Court2 18 U.S.C. § 924(c). We affirmed h is convictions and sentence o n direct appeal. United States v. Dyke , 718 F.3d 1282, 1292, 1294 (10t h Cir. 2013). Steele filed a f irst § 2255 motion in 2014. The district court denied relief and this cour t denied a COA. In 2018, Steele filed his motion for relief under Fed. R. Civ. P. 60. T he district court dismissed the petition as second or successi ve and Steele filed a notice of appeal. 1 To appeal, Steele must obtain a COA. See § 2253(c)(1)(B). To obtain a COA, “a prisoner [must] show[] , at least, that jurists of reason wou ld find it debatable whether the petition states a valid cla im of the denial of a constituti onal right and that jurists of reason would find it debatable wh ether the district court was c orrect in its procedural ruling.” Slack v. McDaniel , 529 U.S. 473, 484 (2000).
In Spitznas v. Boone , 464 F.3d 1213, 1215 (10th Cir. 2006), we held that a Rule 60 motion that “in substance or eff ect asserts or reasserts a fede ral basis for relief from the petitioner’s underlying convictio n” is second or successive. S teele fails to explain why the court’s determination that t he Rule 60 motion was second or successive was wrong. We deny a COA and dismiss this appeal.

Entered for the Court

ELISABETH A. SHUMAKER, Clerk

1 Shortly after the district cour t dismissed Steele’s Rule 60 mo tion, he filed a motion for authorization in this court in which he argued that he should be permitted to bring the same claims he sought to raise in Rule 60 motion i n a new § 2255 proceeding. This court denied the motion.
Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 1 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 2 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 3 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 4 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 5 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 6 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 7 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 8 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 9 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 10 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 11 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 12 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 13 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 14 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 15 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 16 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 17 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 18 of 19Case 1:05-cv-00276-WLS Document 14 Filed 08/07/06 Page 19 of 19
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



I, Jason Kellerman, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of LookSmart, Ltd. on Form 10-Q for the fiscal quarter ended June 30, 2003 fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of LookSmart, Ltd.



By:

/s/ Jason KellermanName:

Jason KellermanTitle:

President and Chief Executive Officer




I, William B. Lonergan, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of LookSmart, Ltd. on Form 10-Q for the fiscal quarter ended June 30, 2003 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of LookSmart, Ltd.



By:

/s/ William B. LonerganName:

William B. LonerganTitle:

Chief Financial Officer
---

Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 ANDRULE
13a-14(b)

In connection with the Quarterly Report of Sense Technologies
Inc. (the "Company") on Form 10-QSB for the fiscal quarter ended November 30,
2005 as filed with the Securities and Exchange Commission (the "Report"), the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, and Rule 13a-14(b), 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 results of
      operations of the Company.

|Dated: January 19, 2006 | By: /s/ Bruce Schreiner                         
|----------------------- | ------------------------------------------------
|                        | Bruce E.
      Schreiner                        
|                        | President and
      Principal Accounting 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 Quarterly Report of Remedent, Inc. (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"), we, Robin List, Chief Executive Officer of the Company, and Philippe Van Acker, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss. 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/ ROBIN LIST*          | */s/ PHILIPPE VAN ACKER*           |
|---------------------------|------------------------------------|
| *-----------------------* | *--------------------------------* |  
*Robin List*

*Philippe Van Acker*

 
*Chief Executive Office*

*Chief Financial Officer*

 
*August 19, 2005*

*August 19, 2005*

 
 

 

  |
#### STATE of Louisiana v. Lionel JONES and William Tolliver.

No. 60148.

Supreme Court of Louisiana.

Nov. 23, 1977.

J. Daniel Rivette, Clement F. Perschall, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Con-nick, Dist. Atty., Robert L. Simmons, Asst. Dist. Atty., for plaintiff-appellee.

PER CURIAM.

Affirmed.
|   | 1. | the      Annual Report fully complies with the requirements of Section 13(a) or      15(d) of the Exchange Act; and |
|--------|----|---------------------------------------------------------------------------------------------------------------------|

|   | 2. | the      information contained in the Annual Report fairly presents, in all      material respects, the financial condition and results of operations of      YPF Sociedad Anónima. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/ Sebastián Eskenazi |                               |
|--------|-----------------------------|------------------------------------|
|   | Name:                       |  Sebastián      Eskenazi |   |
|   | Title:                      |  Chief      Executive Officer |   |
|   |                        |                               |   |
|   |                        |                               |   |
|   |                        |                               |   |
| By:    | /s/ Walter Cristian Forwood |                               |
|   | Name:                       |  Walter      Cristian Forwood |   |
|   | Title:                      |  Chief      Financial Officer |   |

----
From: "Eugene M. Trisko" <emtrisko@earthlink.net> To: Ellen Kurlansky/DC/USEPA/US@EPA, Sam Napolitano/DC/USEPA/US@EPA, Peter Tsirigotis/RTP/USEPA/US@EPA, Rob Brenner/DC/USEPA/US@EPA Cc: bbaugh@aflcio.org, bbanig@umwa.org, "Jerry O'Leary" <jerryo@uanet.org>, "Hunter, James L." <Jim_Hunter@IBEW.org>, bruce_burton@ibew.org, david_mullen@ibew.org, taylorm@tcunion.org, "Kloos, Ron" <kloosr@TCUnion.org>, smcbride@teamster.org, lfenhaus@bmwewash.org, ajacobs@boilermakers.org, cconroy@boilermakers.org, "Gary Ruffner" <gruffner@aflcio.org>, dkolbe@iwintl.org

Date: 06/10/2011 02:21 PM Subject: PM Sample Analysis from June 8 Labor Meeting

Ellen and all:

Here is the memo handed out on behalf of the UMWA at the June 8 meeting with labor reps, with the detailed supporting tables. The memo is slightly revised to include the PM2.5 condensable findings for the sample groups. One unit in the sample of spray dryer units was removed because it did not have a spray dryer.

The findings are basically the same as discussed at the meeting.

Hope you will find this information helpful. We appreciate your timely and comprehensive responses to the five questions we posed previously.

Best,

Gene Trisko

301 639 5238 cell

This e-mail and any attachment(s) may contain confidential information subject to the attorney-client privilege or work-product doctrine, and is not intended for the use of any party other than those addressed above. If you believe you have received this message by error, please destroy any copies and return the original by reply to

emtrisko@earthlink.net.
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  In connection with the accompanying Quarterly Report on Form 10-Q of China Holdings, Inc. for the quarter ended September 30, 2010, I certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledge, that:  (1)the Quarterly Report on Form 10-Q of China Holdings, Inc. for the quarter ended September 30, 2010 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 Quarterly Report on Form 10-Q for the quarter ended September 30, 20010 presents in all material respects, the financial condition and results of operations of China Holdings, Inc.    By:/s/ Dempsey MorkName:Dempsey MorkTitle:Principal Executive Officer,
and DirectorDate:November 18, 2010By:/s/ Dempsey MorkName:Dempsey MorkTitle:Principal Financial OfficerDate:November 18, 2010
Exhibit 32.2(b)

           Certification Pursuant to 18U.S.C. Section 1350, as adopted
        Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 of the
            Chief Financial Officer attached hereto as Exhibit 31.2.


 <PAGE>

                                                                EXHIBIT 32 (B)



                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 United Bancshares, Inc. (the
"Company") on Form 10-K for the year ending December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Brenda
M. Hudson-Nelson, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of
2002, that to the best of my 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 result of operations of
          the Company.


/s/ Brenda M. Hudson-Nelson
----------------------------
Brenda M. Hudson-Nelson
Chief Financial Officer
April 14, 2005
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3236 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3236

  To amend title XVIII of the Social Security Act to provide Medicare 
   coverage of ambulance services that do not include transportation.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2023

Mr. Welch (for himself and Mr. Sanders) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To amend title XVIII of the Social Security Act to provide Medicare 
   coverage of ambulance services that do not include transportation.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Medical Services 
Reimbursement for On-Scene Care and Support Act''.

SEC. 2. COVERAGE OF AMBULANCE SERVICES THAT DO NOT INCLUDE 
              TRANSPORTATION.

    Section 1861(s)(7) of the Social Security Act (42 U.S.C. 
1395x(s)(7)) is amended--
            (1) by inserting ``(A)'' after ``(7);''
            (2) in subparagraph (A), as added by paragraph (1), by 
        inserting ``and'' after the semicolon; and
            (3) by adding at the end the following new subparagraph:
            ``(B) notwithstanding subparagraph (A), ambulance service 
        includes such services described in such subparagraph that are 
        furnished on or after January 1, 2025, to an individual by a 
        provider or supplier of ambulance services regardless of 
        whether the provider or supplier provides the transport for the 
        individual at a reimbursement comparable to the transport 
        reimbursement;''.
                                 <all>
```
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 ROO Group, Inc. ("the Company") on
Form 10-QSB for the period ended March 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof ("the Report"), I, Robin Smyth, Chief
Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

            (1) the Report fully comply 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/ Robin Smyth
---------------------
Robin Smyth, Chief Financial Officer

Dated: May 17, 2004
* 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. 00-50318

 Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARK ANTHONY EVANS, also known as Mark Evans,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. W-96-CR-2-1

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

October 18, 2000

Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges. 

PER CURIAM:*

Mark Anthony Evans, federal prisoner #69117-080, appeals the

district court’s denial of his Rule 33 motion for new trial based

on newly discovered evidence. Evans argues that the Supreme

Court decision in Jones v. United States, 526 U.S. 227 (1999),

requires that drug quantity and its nature be proven beyond a

reasonable doubt at trial and that Jones constitutes newly

discovered evidence that requires a new trial. 

The district court did not abuse its discretion in denying

Evans’ motion for a new trial based on newly discovered evidence
No. 00-50318

-2-

because Evans has not produced any new “evidence.” See United

States v. Freeman, 77 F.3d 812, 815 (5th Cir.1996); United States

v. Alvarado, 898 F.2d 987, 994 (5th Cir. 1990). 

AFFIRMED.
# Materials Not Included in **Airworthiness Directive (AD) Docket**

Docket Number: F AA- 2013 - 0421 Directorate Identifier: 2013NM003AD

737 - 28A1212, R1 --- 8/27/10 737 - 28A1212 --- 7/23/09

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the Supplemental AD Docket 

### MA **Y BE VIEWED AT:** Federal Aviation Administration

Transport Airplane Directorate Rules Docket 1601 Lind Ave. SW., Renton, WA 98057 425.227.1221 **DURING THE HOURS OF:** 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Form Date: 0 3/05/2008
AGENDA

NASF – EPA Meeting

Mist Suppressants and Long-Chain PFCs

April 15, 2010

1. Introductions

2. Industry Overview

a. Use of Long-Chain PFCs in Surface Finishing

b. Drivers – Existing EPA & OSHA PEL Cr6 Requirements

c. Options for Reducing / Eliminating Use of Long-Chain PFCs

i. Status of Alternative Mist Suppressant Chemistries

ii. Industry Best Practices

3. Recent Industry / EPA Action

a. 2007 SNUR

b. Minnesota Industry Data – Brainerd

c. EPA Region 5 Electroplating Study

d. Industry Proposal – Sustainable Technology Project

e. Industry Engagement with POTWs

4. Emerging Options for Reducing Long-Chain PFC Uses

a. EPA Chromium NESHAP Risk & Technology Review (RTR)

b. EPA Chemical Action Plan for Long-Chain PFCs

c. Minnesota Initiatives Underway

5. Next Steps

a. Upcoming Industry Meetings – April / June 2010

b. EPA-Industry Partnership

c. Regulatory Issues
Exhibit 31.1  CERTIFICATION PURSUANT TO RULE 13a-14(a) OR 15d-14(a) OF THE U.S SECURITIES EXCHANGE ACT OF 1934  I, Bruce E. Schreiner, certify that:  1. I have reviewed this report of the fiscal quarter ended August 31, 2008 of Sense Technologies, Inc.  2. Based on my knowledge, this report does not contain any untrue statement of material fact or omit to state a material fact necessary in order 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;  3. Based on my knowledge, the financial statement, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;  4. The small business issuers other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15e)) for the small business issuer and have:  a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made know to us by others within those entities, particularly during the period in which the annual report is being prepared;  b) designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles; and  c) evaluated the effectiveness of the small business issuers disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation.  5. The small business issuers other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of small business issuers board of directors (or persons performing the equivalent function):  a. all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonable likely to adversely affect the small business issuers ability to record, process, summarize and report financial information; and  b. any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuers control over financial reporting.  By: /s/ Bruce E. Schreiner Bruce E. Schreiner Dated October 20, 2008 President and Principal Financial Officer
No. 00-6639.

#### Kuenzel *v.*Alabama.

Ct. Crim. App. Ala. Certiorari denied.