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UNPUBLISHED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

No. 08-4676

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. KENNETH N. GIBSON, III, a/k/a KG, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Thomas E. Johnston, District Judge. (5:03-cr-00154-1)

Submitted: December 23, 2008 Decided: January 27, 2009

Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne, Appellate Counsel, Lex A. Coleman, Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Charles T. Miller, United States Attorney, Miller A. Bushong, Assistant United States Attorney, Beckley, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.PER CURIAM: Kenneth N. Gibson, III, appeals the district court’s judgment revoking his supervised release and sentencing him to fourteen months’ imprisonment. Gibson claims the evidence was insufficient to show that he violated the terms of supervised release. We affirm. This court reviews a district court’s revocation of supervised release for abuse of discretion. United States v. Davis , 53 F.3d 638, 642-43 (4th Cir. 1995). An abuse of discretion occurs when the court fails or refuses to exercise its discretion or when its exercise of discretion is flawed by an erroneous legal or factual premise. James v. Jacobson , 6 F.3d 233, 239 (4th Cir. 1993). The district court need only find a violation of a condition of supervised release by a preponderance of the evidence. See 18 U.S.C. § 3583(e)(3) (2006). Factual determinations informing the conclusion that a violation occurred are reviewed for clear error. See United
States v. Carothers , 337 F.3d 1017, 1018 (8th Cir. 2003); United
States v. Whalen , 82 F.3d 528, 532 (1st Cir. 1996). Under the preponderance of the evidence standard, the relevant facts must be shown to be more likely true than not.
See United States v. Kiulin , 360 F.3d 456, 461 (4th Cir. 2004). There is clear error if the court, after reviewing the record, is left with “the definite and firm conviction that a mistake

23 has been committed.” Anderson v. City of Bessemer City, N.C. , 470 U.S. 564, 573 (1984) (internal quotation marks and citation omitted). It is not enough for the court to believe it would have decided the case differently. Id. We find the evidence was more than sufficient to support the district court’s findings. Accordingly, we affirm the district court’s judgment. 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.

AFFIRMED
Section 1350 Certifications

EXHIBIT 32

CERTIFICATION PURSUANT TO 18 U.S.C. §1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q for the three months ended June 30,
2009, (the Report) of First West Virginia Bancorp, Inc., the (Company) as filed with the Securities and Exchange Commission on the date hereof, each of the undersigned, in the capacities and on the dates indicated below
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) 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |  |  |                                                                                   
|--------------------- |  |  |  | ----------------------------------------------------------------------------------
|                      |  | 
|Date: August 11, 2009 |  |  |  | /s/ Sylvan J. Dlesk                                                               
|                      |  |  |  | Sylvan J. Dlesk                                                                   
|                      |  |  |  | Chairman, President and Chief Executive Officer/Director                          
|                      |  |  |  | (Principal Executive Officer)                                                     
|                      |  | 
|Date: August 11, 2009 |  |  |  | /s/ Francie P. Reppy                                                              
|                      |  |  |  | Francie P. Reppy                                                                  
|                      |  |  |  | Executive Vice President, Chief Administrative Officer and Chief Financial Officer
|                      |  |  |  | (Chief Financial Officer)
CERTIFICATION 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; and(2)
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company as of the
dates and for the periods expressed in the Report.
 Date:      June 8, 2010
    /s/ CHARLES A. RATNERName:
    Charles A. RatnerTitle: President and Chief Executive Officer/s/ ROBERT G. OBRIENName:
    Robert G. OBrienTitle: Executive Vice President and
          Chief Financial Officer
#### Vernon SANDERS, Petitioner, v. REDLAND CONSTRUCTION CO., Inc., Respondent.

No. 38520.

Supreme Court of Florida.

Nov. 25, 1969.

Ralph P. Ezzo, Miami, for petitioner.

Jerry V. Wilkey, Miami, Patrick H. Mears and J. Franklin Garner, Tallahassee, for respondent.

ROBERTS, Justice.

Our consideration of the record, briefs and arguments in this cause leads us to the conclusion that the order of the Judge of Industrial Claims is supported by competent substantial evidence and comports with the essential requirements of law. United States Casualty Co. v. Maryland Casualty Co., 55 So.2d 741 (Fla.1951). The Industrial Commission, thefefore, was in error when it reversed the order. Hence the ruling of the Industrial Commission is quashed with directions to reinstate the order of the Judge of Industrial Claims dated August 21, 1968. Attorney’s fees for petitioner’s attorney are granted in the sum of $350.00.

It is so ordered.

ERVIN, C. J., and DREW, ADKINS and BOYD, JJ., concur.
<PAGE>


                                                                    Exhibit 32.1

                      CERTIFICATION PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

     I, Jeffrey P. Orleans, certify, pursuant to 18 U.S.C.ss.1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

          1. This Quarterly Report on Form 10-Q of Orleans Homebuilders, Inc.
(the "Company" for the period ended December 31, 2003 (the "Report") fully
complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934, as amended; and

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




Date: February 13, 2004



                                          Jeffrey P. Orleans
                                          -------------------------------------
                                          Jeffrey P. Orleans
                                          Chief Executive Officer
I

103D CONGRESS

1ST SESSION H. R. 585

To amend the Marine Mammal Protection Act of 1972 to provide for State

disapproval of issuance of permits for the taking of marine mammals

in protected State waters.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 26, 1993

Mr. GOSS (for himself, Mr. GILCHREST, Mr. SAXTON, and Mr. BILIRAKIS) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries

A BILL

To amend the Marine Mammal Protection Act of 1972 to

provide for State disapproval of issuance of permits for

the taking of marine mammals in protected State waters.

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 ‘‘Marine Mammal Pub5 lic Display Reform Act of 1993’’.
2

•HR 585 IH

1 SEC. 2. STATE DISAPPROVAL OF ISSUANCE OF PERMITS

2 FOR TAKING OF MARINE MAMMALS IN STATE

3 WATERS.

4 Subsection (d) of section 104 of the Marine Mammal

5 Protection Act of 1972 (16 U.S.C. 1374) is amended by

6 adding at the end the following:

7 ‘‘(7)(A) The Secretary may not issue a permit under

8 subsection (c)(2) for the taking of any marine mammal

9 from protected State waters for the purpose of public dis10 play if—

11 ‘‘(i) issuance of such a permit would be incon12 sistent with State law; and

13 ‘‘(ii) the Governor of the State in which the

14 taking would occur submits to the Secretary notice

15 of State disapproval of the permit, including an ex16 planation of the reasons for the disapproval, not

17 later than 30 days after the date of publication of

18 notice of application for the permit pursuant to

19 paragraph (2).

20 ‘‘(B) For purposes of this paragraph, the term ‘pro21 tected State waters’ means State waters that—

22 ‘‘(i) receive special protection by State law from

23 certain activities; or

24 ‘‘(ii) have been designated by State law as hav25 ing special value.’’.

Æ
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       1,435,120
<SECURITIES>                                 2,658,968
<RECEIVABLES>                                  462,979
<ALLOWANCES>                                     5,000
<INVENTORY>                                    624,014
<CURRENT-ASSETS>                             5,307,102
<PP&E>                                         880,312
<DEPRECIATION>                                 844,310
<TOTAL-ASSETS>                               5,459,861
<CURRENT-LIABILITIES>                          339,974
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        593
<COMMON>                                        13,248
<OTHER-SE>                                   5,106,046
<TOTAL-LIABILITY-AND-EQUITY>                 5,459,861
<SALES>                                        899,933
<TOTAL-REVENUES>                               920,422
<CGS>                                          513,471
<TOTAL-COSTS>                                  292,900
<OTHER-EXPENSES>                              (29,142)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                143,193
<INCOME-TAX>                                    53,818
<INCOME-CONTINUING>                             89,375
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    89,375
<EPS-PRIMARY>                                      .06
<EPS-DILUTED>                                      .06
        

</TABLE>
[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Rules and Regulations]
[Page 8407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4588]


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


DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 021997C]


Fisheries of the Exclusive Economic Zone Off Alaska; Species in 
the Rock Sole/Flathead Sole/``Other Flatfish'' Fishery Category by 
Vessels Using Trawl Gear in Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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

SUMMARY: NMFS is closing directed fishing for species in the rock sole/
flathead sole/``other flatfish'' fishery category by vessels using 
trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the first 
seasonal apportionment of the 1997 Pacific halibut bycatch allowance of 
halibut specified for the trawl rock sole/flathead sole/``other 
flatfish'' fishery category.

EFFECTIVE DATE: 1200 hrs, Alaska local time (A.l.t.), February 20, 
1997, until 1200 hrs, A.l.t., April 1, 1997.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive 
economic zone is managed by NMFS according to the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area (FMP) prepared by the North Pacific Fishery Management Council 
under authority of the Magnuson-Stevens Fishery Conservation and 
Management Act. Fishing by U.S. vessels is governed by regulations 
implementing the FMP at subpart H of 50 CFR part 600 and 50 CFR part 
679.
    The first seasonal apportionment of the prohibited species bycatch 
mortality allowance of halibut for the BSAI trawl rock sole/flathead 
sole/``other flatfish'' fishery category, which is defined at 
Sec. 679.21(e)(3)(iv)(B)(2), was established by the Final 1997 Harvest 
Specifications of Groundfish (62 FR 7168, February 18, 1997) as 485 mt.
    In accordance with Sec. 679.21(e)(7)(iv), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the first 
seasonal apportionment of the 1997 halibut bycatch allowance specified 
for the trawl rock sole/flathead sole/``other flatfish'' fishery in the 
BSAI has been caught. Consequently, NMFS is closing directed fishing 
for species in the rock sole/flathead sole/``other flatfish'' fishery 
category by vessels using trawl gear in the BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec. 679.20(e).

Classification

    This action is required by 50 CFR 679.21 and is exempt from review 
under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 19, 1997.
Gary Matlock
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Serivce.
[FR Doc. 97-4588 Filed 2-20-97; 2:28 pm]
BILLING CODE 3510-22-F
#### PEPIN & CAMPBELL INSURANCE CO. v. JOHNS.

No. 38129.

Supreme Court of Florida.

Feb. 1969.

Certiorari denied without opinion. 215 So.2d 796.
<PAGE>   1
                                 EXHIBIT 23 (a)

                          INDEPENDENT AUDITOR'S CONSENT


The Board of Directors
Oxford Health Plans, Inc.:

    We consent to the incorporation by reference in the registration statements
(Nos. 33-49738, 33-70908, 333-988, 333-28109, 333-35693, 33-94242 and 333-79063)
on Form S-8 of Oxford Health Plans, Inc. of our report dated March 9, 1999,
relating to the consolidated balance sheet of Oxford Health Plans, Inc. and
subsidiaries as of December 31, 1998 and the related consolidated statements of
operations, shareholders' equity (deficit) and comprehensive earnings (losses)
and cash flows for the year then ended, which report appears in the December 31,
1998 annual report on Form 10-K/A No. 2, as amended by Form 10-K/A No. 3, of
Oxford Health Plans, Inc.


                                          /s/ Ernst & Young LLP
                                              Ernst & Young LLP
Stamford, Connecticut
August 30, 1999
#### James W. STARRETT, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent.

No. 73-410.

District Court of Appeal of Florida, Fourth District.

March 15, 1974.

*247Richard. L. Jorandby, Public Defender, and Bruce J. Daniels, Asst. Public Defender, West Palm Beach, for petitioner.

Robert L. Shevin, Atty. Gen., and Andrew W. Lindsey, Asst. Atty. Gen., Tallahassee, for respondent.

PER CURIAM.

We have examined the briefs and record and heard arguments of counsel, and conclude that petitioner has failed to demonstrate reversible error. Accordingly, the judgment and sentence is affirmed and ha-beas corpus denied.

CROSS and MAGER, JJ., and SMITH, D. C., Associate Judge, concur.
#### Gail Clair GANN, Appellant, v. STATE of Florida, Appellee.

No. 70-68.

District Court of Appeal of Florida, Fourth District.

June 15, 1970.

Appeal from Criminal Court of Record, Orange County; Warren H. Edwards, Judge.

Appeal dismissed.
UNITED STATES

                       SECURITIES AND EXCHANGE COMMISSION

                             Washington, D.C. 20549

                             _______________________

                                    FORM 8-K

                                 CURRENT REPORT
                             _______________________

                     PURSUANT TO SECTION 13 OR 15(D) OF THE
                         SECURITIES EXCHANGE ACT OF 1934

                Date of Report (Date of earliest event reported):

                                 January 4, 2008

                       Diamond Hill Investment Group, Inc.
------------------------------------------------------------------------------
             (Exact Name of Registrant as Specified in its Charter)

                                      Ohio
------------------------------------------------------------------------------
                 (State or Other Jurisdiction of Incorporation)

             000-24498                              65-0190407
------------------------------------------------------------------------------
      (Commission File Number)         (I.R.S. Employer Identification No.)

      325 John H. McConnell Blvd, Suite 200, Columbus, Ohio         43215
------------------------------------------------------------------------------
      (Address of Principal Executive Offices)                    (Zip Code)

Registrant's Telephone Number, Including Area Code:   (614) 255-3333

------------------------------------------------------------------------------
          (Former Name or Former Address, if Changed Since Last Report)

<PAGE>

Item 8.01.     Other Events
- -------   --------------------------------------------

          As of December 31, 2007, preliminary assets under management totaled
$4.405 billion.  Following is a summary as of December 31, 2007 (in millions):

				         Equity    Fixed Income	    Total
Individually Managed Accounts 	        $   878	      $  121       $   999
Mutual Funds (including sub-advised)      2,762	         149         2,911
Private Investment Funds	   	    495            0           495
                                        -------       ------       -------
Total			       	        $ 4,135       $  270       $ 4,405

Investment Strategy
-------------------
Small and Small-Mid Cap         $    598
Large Cap and Select		   1,033
Long-Short		           2,509
Strategic and Fixed Income     	     265
				--------
Total			           4,405


                                    SIGNATURE
                                    ---------

     Pursuant to the  requirements  of the Securities  Exchange Act of 1934,
the registrant  has duly  caused  this  report  to be  signed  on its  behalf
by the undersigned hereunto duly authorized.

                                        DIAMOND HILL INVESTMENT GROUP, INC.


Date: January 4, 2008	                     By: /s/ James F. Laird
                                            -------------------------------
                                            James F. Laird, Chief Financial
                                            Officer and Secretary
<PAGE>



                                                                    Exhibit 32.1

                            CERTIFICATION PERSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C Section 1350, and accompanies the quarterly report on Form
10-Q for the quarter ended June 30, 2004, (the "Form 10-Q") of North Country
Financial Corporation (the "Issuer").

      I, C. James Bess, President and Chief Executive Officer of the Issuer,
certify that:

      (1)   The Form 10-Q fully complies with the requirements of Section 13(a)
            or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
            78m(a) or 78o(d)); and

      (2)   The information contained in the Form 10-Q fairly presents, in all
            material respects, the financial condition and results of operation
            of the Issuer.

/s/ C. James Bess
----------------------------------------
C. James Bess
President and Chief Executive Officer
(chief executive officer)
August 2, 2004

                                                                             39.
**Exhibit 23.01**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

Weconsent to the incorporation by reference in Registration Statements No.333-33880, 333-63783, 333-13973 and 333-150322 on Form S-8 and RegistrationStatements No. 333-83585 and 333-13977 on Form S-3 of our reports dated June13, 2008, relating to the consolidated financial statements of Benihana Inc.and subsidiaries (the “Company”), and the effectiveness of the Company’sinternal control over financial reporting, incorporated by reference in thisAnnual Report on Form 10-K of the Company for the year ended March 30, 2008.

Deloitte & Touche LLP

Miami, Florida