alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 10-41329 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. PEDRO CHAVEZ RODRIGUEZ, JR., also known as Pedro Rodriguez, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:04-CR-560-1

Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent P e d r o Chavez Rodriguez, Jr., has moved for leave to withdraw and has filed briefs in a c c o r d ance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Rodriguez has filed a response. T h e r e cord is insufficiently developed to allow consideration at this time of Rodriguez’s claims of ineffective assistance of counsel; such a claim generally “cannot be resolved on direct appeal when the claim has not been raised before the district court since no opportunity U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Octob er 21 , 20 11 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t has d ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR

. R. 47.5 .4. Case: 10-41329 Document: 00511640770 Page: 1 Date Filed: 10/21/2011No. 10-41329

existed to develop the record on the merits of the allegations.” United States v. Cantwel l , 4 7 0 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Rodriguez’s response. We concur with

c o u n s e l’ s a s s e s sment that the appeal presents no nonfrivolous issue for app e ll at e review. Accordingly, the m o ti o n f o r l e av e to withdraw is GRANTED, Rodriguez’s motion for appointment of subst i tute counsel is DENIED, counsel is excused from further responsibilities here i n , and the APPEAL IS DISMISSED. See 5 T H C I R
. R. 42.2.

2 Case: 10-41329 Document: 00511640770 Page: 2 Date Filed: 10/21/2011
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE RESTATED
CONSOLIDATED FINANCIAL STATEMENTS OF HARBINGER CORPORATION FOR THE SIX MONTHS
ENDED JUNE 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          67,477
<SECURITIES>                                    37,647
<RECEIVABLES>                                   31,660
<ALLOWANCES>                                     2,587
<INVENTORY>                                          0
<CURRENT-ASSETS>                               148,420
<PP&E>                                          39,309
<DEPRECIATION>                                  18,229
<TOTAL-ASSETS>                                 187,649
<CURRENT-LIABILITIES>                           47,998
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             4
<OTHER-SE>                                     139,647
<TOTAL-LIABILITY-AND-EQUITY>                   187,649
<SALES>                                         21,489
<TOTAL-REVENUES>                                63,230
<CGS>                                            1,669
<TOTAL-COSTS>                                   16,782
<OTHER-EXPENSES>                                47,404
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  41
<INCOME-PRETAX>                                  1,621
<INCOME-TAX>                                       145
<INCOME-CONTINUING>                              1,476
<DISCONTINUED>                                    (854)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       622
<EPS-BASIC>                                        .01
<EPS-DILUTED>                                      .01


</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6192

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

AMBROSIO S. BRITO,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Wilmington. James C. Fox, District

Judge. (CR-94-33-F, CA-97-86-7-F)

Submitted: November 5, 1998 Decided: November 19, 1998

Before ERVIN, LUTTIG, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ambrosio S. Brito, Appellant Pro Se. Christine Witcover Dean,

Assistant United States Attorney, Raleigh, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Ambrosio S. Brito seeks to appeal the district court’s order

denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 &

Supp. 1998). We have reviewed the record and the district court’s

opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning

of the district court. United States v. Brito, Nos. CR-94-33-F; CA97-86-7-F (E.D.N.C. Dec. 9, 1997). We deny Brito’s motion for

appointment of counsel. 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
Wyoming Nitrate Contribution to Craters of the Moon Worst

site Year modelrun param N SReg PT AF MV Nat Area Total CRMO1 2002 plan02c36k PN3 23 WY 0.0154565 0.0003913 0.0105435 0.0005 0.0054348 0.0323261 Wyoming's 2002 Contribution (20% Worst) to Nitrate at Craters of the Moon = 0.03 divided by 1, or 3% Best

site Year modelrun param N SReg PT AF MV Nat Area Total CRMO1 2002 plan02c36k PN3 22 WY 0.0024864 0.0001136 0.0016318 0.0002091 0.0007545 0.0051955 Wyoming's 2002 Contribution (20% Best) to Nitrate at Cr aters of the Moon = 0.005 divided by 0.7, or < 1%
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

October 31, 2006 Clifford W. Taylor, Chief Justice
131429 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STAT E OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 131429 COA: 259835 Macomb CC: 02-002871-FC MIKE M. IBRAHIM, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the April 18, 2006 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

l1023 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.

October 31, 2006

Clerk
#### William ALBRITTON, Appellant, v. STATE of Florida, Appellee.

No. 71-258.

District Court of Appeal of Florida, Second District.

Nov. 2, 1971.

Appeal dismissed.
<PAGE>
 
                                                                    Exhibit 23.1


The Board of Directors
TransMontaigne Oil Company

We consent to incorporation by reference in the registration statement (no. 
333-23691) on Form S-3 and the registration statements (nos. 333-04405 and 333-
15055) on Form S-8 of TransMontaigne Oil Company of our report dated June 19,
1997 relating to the consolidated balance sheets of TransMontaigne Oil Company
and subsidiaries as of April 30, 1997 and 1996, and the related consolidated
statements of operations, stockholders' equity, and cash flows for each of the
years in the three-year period ended April 30, 1997, which report appears in the
April 30, 1997, annual report on Form 10-K of TransMontaigne Oil Company.

(signed) KPMG Peat Marwick LLP


Denver, Colorado
July 28, 1997
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


240 Greenwich
Street, 22W Floor, New York, NY 10286


 


 


 


March 23, 2021


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


SmartTrust 511 (the “Fund”)


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for the Fund, consisting of the unit investment trust (the “Trust”) included in
the Registration Statement relating to the Fund. We enclosed a list of the securities to be deposited in the Trust on the date
hereof. The prices indicated therein reflect our evaluation of such securities as of close of business on March 22, 2021, in accordance
with the valuation method set forth in the applicable Standard Terms and Conditions of Trust and Trust Agreement. We consent to
the reference to The Bank of New York Mellon as the party performing the evaluations of the Trust securities in the Registration
Statement (No. 333-251361) filed with the Securities and Exchange Commission with respect to the registration of the sale of the
Units of the Trust and to the filing of this consent as an exhibit thereto.


 


	 	Very truly yours,
	 	 
	 	/s/ GERARDO CIPRIANO
	 	Gerardo Cipriano
	 	Vice President
```

[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Rules and Regulations]
[Page 60378]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25286]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid

42 CFR Part 411

Exclusions From Medicare and Limitations on Medicare Payment

CFR Correction

    In Title 42 of the Code of Federal Regulations, Parts 400 to 413, 
revised as of October 1, 2010, make the following corrections:

0
1. On page 472, in Sec.  411.353, in paragraph (g)(1)(i), remove the 
word ``complied'' and add ``complies'' in its place.

0
2. On page 483, in Sec.  411.357:
0
a. In paragraph (b)(4)(ii)(A), remove the word ``by'' and add 
``through'' in its place, and
0
b. In paragraph (b)(4)(ii)(B), remove the phrase ``between the 
parties'' and add ``by the lessor to the lessee'' in its place.

0
3. On page 488, in Sec.  411.357, in paragraph (l)(3)(ii), remove the 
phrase ``between the parties'' and add ``by the lessor to the lessee'' 
in its place.

0
4. On page 490, in Sec.  411.357:
0
a. Remove paragraphs (p)(1)(ii) and (iii);
0
b. Designate the last sentence of (p)(1)(i) introductory text as 
paragraph (p)(1)(ii) introductory text;
0
c. In new paragraph (p)(1)(ii)(A), remove the phrase ``performed or'' 
and add ``performed on or'' in its place; and
0
d. In new paragaph (p)(1)(ii)(B), remove the phrase ``between the 
parties'' and add ``by the lessor to the lessee'' in its place.

[FR Doc. 2011-25286 Filed 9-28-11; 8:45 am]
BILLING CODE 1505-01-D
```
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's Form 10-Q for the quarter ended June 30, 1999, and is qualified in
its entirety by reference to such financial statements.

                      USA DETERGENTS, INC. AND SUBSIDIARIES
                  Appendix A to Item 601(c) of Regulation S-K
                         Six Months ended June 30, 1999
                     (in thousands, except per share data)
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                             634
<SECURITIES>                                     2,002
<RECEIVABLES>                                   21,680
<ALLOWANCES>                                     1,025
<INVENTORY>                                     17,300
<CURRENT-ASSETS>                                49,450
<PP&E>                                          61,959
<DEPRECIATION>                                  17,009
<TOTAL-ASSETS>                                  97,964
<CURRENT-LIABILITIES>                           40,152
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           138
<OTHER-SE>                                      19,383
<TOTAL-LIABILITY-AND-EQUITY>                    97,964
<SALES>                                        118,166
<TOTAL-REVENUES>                               118,166
<CGS>                                           77,843
<TOTAL-COSTS>                                   35,980
<OTHER-EXPENSES>                                 (113)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,150
<INCOME-PRETAX>                                  2,306
<INCOME-TAX>                                        35
<INCOME-CONTINUING>                              2,271
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                     64
<CHANGES>                                            0
<NET-INCOME>                                     2,207
<EPS-BASIC>                                      .16
<EPS-DILUTED>                                      .16



</TABLE>
#### In re STATE-FEDERAL JUDICIAL COUNCIL for Florida.

No. 40473.

Supreme Court of Florida.

Nov. 25, 1970.

PER CURIAM.

In response to the suggestion of Mr. Chief Justice Warren E. Burger of the Supreme Court of the United States, and *689in keeping with the discussion between Honorable David W. Dyer, Judge of the United States Court of Appeals for the Fifth Circuit and Presiding Judge for the Federal District Court in the State of Florida, and Chief Justice Richard W. Ervin of the Florida Supreme Court, at the Conference of State and Federal Judges held in Washington, D. C. the week of November 16, 1970, we are agreed that a State-Federal Judicial Council for the State of Florida should be created.

It has been agreed that the Honorable David W. Dyer, Judge of the United States Court of Appeals for the Fifth Circuit, will forthwith appoint a committee of Federal Judges resident in Florida, viz., one District Judge from each of the Federal District Courts in Florida, who together with Judge Dyer will constitute the members of the Council from the Federal Judiciary.

It is agreed and ordered by the Supreme Court of Florida that the Chief Justice of the Supreme Court of Florida, the Presiding Judge of each District Court of Appeal of the State of Florida, and the Presiding Circuit Judge of the Circuit Judges Conference, or their alternates, shall constitute the Florida members of the Council.

It is further ordered that for the years 1970-71 Honorable Robert T. Mann, a Judge of the District Court of Appeal, Second District, and Honorable John J. Crews, Circuit Judge of the Eighth Judicial Circuit of Florida, shall also be members of the Council in recognition of their interest in supporting the need for its creation.

It is understood and agreed by the Supreme Court that the general objectives to be furthered by the creation of the Council are to harmonize the relationship between the State and the Federal judiciary; to eliminate or minimize as far as possible tensions and abrasions that have resulted or can result from the operation of the dual Federal and State judicial systems and to that end the Council is authorized to hold meetings, formulate recommendations for the purpose of curtailing and eliminating tensions and abrasions, suggest legislation to the State Legislature and to the Congress and court rules which the Council believes will further such objectives and which will otherwise improve the administration of justice in such court systems in Florida.

ERVIN, C. J., and ROBERTS, CARLTON, ADKINS and BOYD, JJ„ concur.
# C_2022073EN.01006801.xml

| 14.2.2022 | EN | Official Journal of the European Union | C 73/68 |
| --- | --- | --- | --- |

14.2.2022

EN

Official Journal of the European Union

C 73/68

---

Order of the General Court of 26 November 2021 — Cepewa v EUIPO — Out of the blue (LIEBLINGSMENSCH)

(Case T-47/21) (1)

(2022/C 73/85)

Language of the case: German

The President of the Fifth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 88, 15.3.2021.

---
**Exhibit 32.2**

 

**Certification of CFO 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/A of SkyTerra Communications, Inc. (the “Company”) for the period ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Scott Macleod, as Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of 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 

 

 

|              |   |                                                            |
|-------------------|--------|-----------------------------------------------------------------|
|              |
| /s/ SCOTT MACLEOD |
| Name:             |   | Scott Macleod                                                   |
| Title:            |   | Executive Vice President, Chief Financial Officer and Treasurer |

 

April 28, 2008
**Exhibit 32.2**

**Certification of CFO 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/A of SkyTerra Communications, Inc. (the “Company”) for the period ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Scott Macleod, as Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of 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 

 

|                      |                                                 |
|---------------------------|------------------------------------------------------|
| /s/ Scott Macleod

  |
| Name:                     | Scott Macleod                                        |
| Title:                    | Executive Vice President and Chief Financial Officer |

May 8, 2009
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1093 Engrossed in Senate (ES)]

113th CONGRESS
  1st Session
                                S. 1093

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
   at 130 Caldwell Drive in Hazlehurst, Mississippi, as the ``First 
     Lieutenant Alvin Chester Cockrell, Jr. Post Office Building''.

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

SECTION 1. FIRST LIEUTENANT ALVIN CHESTER COCKRELL, JR. POST OFFICE 
              BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 130 Caldwell Drive in Hazlehurst, Mississippi, shall be 
known and designated as the ``First Lieutenant Alvin Chester Cockrell, 
Jr. Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``First 
Lieutenant Alvin Chester Cockrell, Jr. Post Office Building''.

            Passed the Senate August 1, 2013.

            Attest:

                                                             Secretary.
113th CONGRESS

  1st Session

                                S. 1093

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
   at 130 Caldwell Drive in Hazlehurst, Mississippi, as the ``First 
     Lieutenant Alvin Chester Cockrell, Jr. Post Office Building''.
```
#### Daniel J. DENNEHY, also known as David J. Dennehy, Appellant, v. HERZOG CONSTRUCTION, INC., a Florida corporation, Appellee.

No. 69-320.

District Court of Appeal of Florida. Third District.

Dec. 9, 1969.

*886Robert C. Lane, Miami, for appellant.

Richmond & Farber, Ralph H. Bearden, Jr., Miami, Joe N. Unger, Miami Beach, for appellee.

Before PEARSON, C. J., and CHARLES CARROLL and SWANN, JJ.

PER CURIAM.

This is an appeal from a final judgment entered for the defendant-appel-leé after a non-jury trial. The burden of the appeal is that the trial judge either misconstrued the legal effect of the evidence or that his finding is against the manifest weight of the evidence. We have reviewed the record in the light of this challenge and have reached the conclusion that the judgment must be affirmed upon the law stated in Boulevard Nat. Bank of Miami v. Gulf Am. Land Corp., Fla.App. 1968, 212 So.2d 17, 20.1

Affirmed.

1

. “ * * * In a non-jury case the findings of the trial judge are entitled to the same weight as a jury verdict. First Atlantic National Bank of Daytona Beach v. Oobbett, Fla.1955, 82 So.2d 870; Dade Engineering & Construction Co. v. P'Amato, FIa.App.1959, 108 So.2d 627. Therefore, if the record reveals credible' testimony which forms a rational basis for the finding of the trial judge, we will not disturb that finding. Cf. Cormier v. Williams, 148 Fla. 201, 4 So.2d 525 (1941); Kowalczyk v. Brudder, Fla.App. 1961, 134 So.2d 532.”