alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-4974

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WARDELL RODNEY JONES, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CR-04-19) Submitted: March 23, 2005 Decided: April 7, 2005 Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges. Affirmed in part; dismissed in part by unpublished per curiam opinion. Robert Leonard Flax, Richmond, Virginia, for Appellant. Paul Joseph McNulty, United States Attorney, Alexandria, Virginia; Gurney Wingate Grant, II, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Wardell Rodney Jones seeks to appeal his conviction and sentence. The Government has moved to dismiss the appeal as untimely. In criminal cases, the defendant must file his notice of appeal within ten days of the entry of judgment. Fed. R. App. P. 4(b)(1)(A). With or without a motion, the district court may grant an extension of time to file of up to thirty days upon a showing of excusable neglect or good cause. Fed. R. App. P. 4(b)(4); United States v. Reyes , 759 F.2d 351, 353 (4th Cir. 1985). The district court entered its judgment in May 2004; the notice of appeal was not filed until October 2004. Because Jones failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we grant the Government’s motion and dismiss the appeal from Jones’ conviction and sentence. Further, Jones seeks to appeal the district court’s order denying his motion for an extension of time to file a notice of appeal. Because the district court lacked jurisdiction to extend the appeal period, we affirm that order. 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 IN PART; DISMISSED IN PART
[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Page 19717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7758]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Importer of Controlled Substances; Notice of Registration 
Mallinckrodt LLC

    By Notice dated January 23, 2012, and published in the Federal 
Register on January 31, 2012, 77 FR 4831, Mallinckrodt LLC, 3600 North 
Second Street, St. Louis, Missouri 63147, made application by renewal 
to the Drug Enforcement Administration (DEA) to be registered as an 
importer of the following basic classes of controlled substances:

------------------------------------------------------------------------
                    Drug                               Schedule
------------------------------------------------------------------------
Phenylacetone (8501).......................  II
Coca Leaves (9040).........................  II
Opium, raw (9600)..........................  II
Poppy Straw Concentrate (9670).............  II
------------------------------------------------------------------------

    The company plans to import the listed controlled substances to 
manufacture bulk controlled substances for distribution to its 
customers, and for research and analytical standards.
    The company has withdrawn its application for registration to 
import the following drug codes: Methylphenidate (1724), Oxycodone 
(9143), Hydromorphone (9150), Hydrocodone (9193), Morphine (9300), and 
Fentanyl (9801).
    Comments and requests for hearings on applications to import 
narcotic raw material are not appropriate, 72 FR 3417 (2007). Regarding 
all other basic classes of controlled substances, no comments or 
objections have been received. DEA has considered the factors in 21 
U.S.C. 823(a) and 952(a), and determined that the registration of 
Mallinckrodt LLC, to import the basic classes of controlled substances 
is consistent with the public interest, and with United States 
obligations under international treaties, conventions, or protocols in 
effect on May 1, 1971. DEA has investigated Mallinckrodt LLC to ensure 
that the company's registration is consistent with the public interest. 
The investigation has included inspection and testing of the company's 
physical security systems, verification of the company's compliance 
with state and local laws, and a review of the company's background and 
history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in 
accordance with 21 CFR 1301.34, the above named company is granted 
registration as an importer of the basic classes of controlled 
substances listed.

    Dated: March 23, 2012.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration.
[FR Doc. 2012-7758 Filed 3-30-12; 8:45 am]
BILLING CODE 4410-09-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-6563

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ALVON ALLEN THOMAS, a/k/a Kebo,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. N. Carlton Tilley, Jr.,

Chief District Judge. (CR-97-118, CA-00-156-1)

Submitted: September 20, 2001 Decided: September 26, 2001

Before LUTTIG, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alvon Allen Thomas, Appellant Pro Se. Clifton Thomas Barrett,

Assistant United States Attorney, Greensboro, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Alvon Allen Thomas appeals the district court’s order denying

his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001). We

have reviewed the record and the district court’s opinion accepting

the recommendation of the magistrate judge and find no reversible

error. Accordingly, we deny Thomas’ motions for a certificate of

appealability and dismiss the appeal on the reasoning of the district court. United States v. Thomas, Nos. CR-97-118, CA-00-156-1

(M.D.N.C. filed Jan. 23, 2001; entered Jan. 24, 2001). 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
        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 on Form 10-Q for the three months period
        ended June 30, 2007 of the Claymore MACROshares Oil Up Tradeable Trust (the
        " **Registrant** "),
        as
        filed with the Securities and Exchange Commission on the date hereof (the
        " **Quarterly**  **Report** "),
        I,
        Steven M. Hill, principal financial officer of MACRO Securities Depositor,
        LLC,
        which acts as the depositor for the Registrant (the " **Depositor** "),
        certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
        Sarbanes-Oxley Act of 2002, that:
 
 1.
              The
                  Quarterly 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 Quarterly Report fairly represents,
                  in all
                  material respects, the financial condition and result of operations
                  of the
                  Registrant.
 
 
 Date:
        August 14, 2007
 /s/
                      Steven M. Hill
                    
                    Steven
                        M. Hill
                      On
                        behalf of the Registrant
                      and
                        as Chief Financial
                        Officer
EXHIBIT 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of SmartPros Ltd. (the Company) on Form 10-Q for the period ended June 30, 2008, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), we, the undersigned, Allen S. Greene, Chief Executive Officer of the Company, and Stanley P. Wirtheim, Chief Financial Officer of the Company, 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) or 15(d) 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.

A signed original of this written statement has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.

|               |  | /s/ ALLEN S. GREENE     | 
|-------------- |  | ----------------------- | 
|               |  | Allen S. Greene         | 
|               |  | Chief Executive Officer | 
|              
|               |  | /s/STANLEY P. WIRTHEIM  | 
|               |  | Stanley P. Wirtheim     | 
|               |  | Chief Financial Officer | 
|              
|              
|August 7, 2008 |  |                         | 

---
EXHIBIT 32.2
                           ============

        Certification of Chief Financial Officer Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350
----------------------------------------------------------------------

In connection with the quarterly report on Form 10-QSB of Rotoblock
Corporation (Registrant), as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Howard Gelfand,
Chief Financial Officer and Principal Accounting Officer, hereby certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and
belief:

   (1)  the quarterly 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 quarterly report fairly
        presents, in all material respects, the financial condition and
        results of operations of Registrant.



Date:  March 14, 2005         /s/ Howard Gelfand
                              ----------------------------------------
                              By: Howard Gelfand, Chief Financial
                              Officer and Principal Accounting Officer












<PAGE>
#### FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER, Appellant/Cross-Appellee. v. John I. WAXLER and Mary J. Waxler, Appellees/Cross-Appellants.

No. 87-1264.

District Court of Appeal of Florida, Second District.

June 17, 1988.

Richard A. Nielsen of Salem, Saxon & Nielsen, P.A., Tampa, for appellant/ cross-appellee.

*1036Malcolm V. McKay of McKay *&*Thomas, P.A., Tampa, for appellees/cross-appel-lants.

PER CURIAM.

We affirm the final judgment except for its provisions as to the dates from which interest is to accrue and principal payments are to be made under the note and mortgage held by appellant. As to such interest and principal, the obligation of the ap-pellees shall take effect from October 3, 1980. *See McClure v. American National Bank of Pensacola,*67 Fla. 32, 64 So. 427 (1914).

Affirmed in part, reversed in part, and remanded for proceedings consistent herewith.

SCHOONOVER, A.C.J., and LEHAN and FRANK, JJ., concur.
#### Betty MONK v. FORDICE CONSTRUCTION COMPANY.

No. 56945.

Supreme Court of Mississippi.

March 4, 1987.

Paul Kelly Loyacono, Vicksburg, for appellant.

R.E. Parker, Jr., Gail S. Akin, Varner, Parker *&*Sessums, Vicksburg, for appel-lee.

Appeal from Circuit Court, Warren County; Rush M. Clements, Judge.

Before WALKER, C.J., and PRATHER and SULLIVAN, JJ.

AFFIRMED.
#### Charles Vernon GODWIN, Appellant, v. STATE of Florida, Appellee.

No. 85-672.

District Court of Appeal of Florida, Second District.

June 11, 1986.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error, and we therefore affirm the judgment and sentence. We do find error, however, in the assessment of costs against the appellant.

*149The trial court adjudged appellant insolvent. Thereafter, in each of two separate judgments, the court assessed costs against appellant in the amount of $15 pursuant to section 960.20, Florida Statutes (1983), $2 pursuant to section 943.25(4), Florida Statutes (1983), and an additional sum of $2 pursuant to section 943.25(8), Florida Statutes (1983). The record does not reveal that the appellant was given adequate notice of, or was afforded an opportunity to object to, the assessments as required by *Jenkins v. State,*444 So.2d 947 (Fla.1984). We, accordingly, strike the costs without prejudice to the trial court assessing costs against appellant in accordance with *Jenkins.*We affirm the judgment and sentence in all other respects.

Affirmed in part, reversed in part, and remanded.

RYDER, C.J., and DANAHY and SCHOONOVER, JJ., concur.
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Exhibit 32.1








STATEMENT OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350





In connection with the Quarterly Report on Form 10-Q of Village Bank and Trust Financial Corp. (the “Company”) for the quarter ended March 31, 2010, the undersigned Chief Executive Officer and Chief Financial Officer of the Company hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that based on their knowledge and belief: (1) the Form 10-Q for the quarter ended March 31, 2010 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 Form 10-Q for the quarter ended March 31, 2010 fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the periods presented.

















/s/ Thomas W. Winfree                                           Date  May 14, 2010


Thomas W. Winfree


Chief Executive Officer

















/s/ C. Harril Whitehurst, Jr.                                                      Date  May 14, 2010


C. Harril Whitehurst, Jr.


Chief Financial Officer














39
#### STATE ex rel. Roosevelt McCORMICK v. Hon. James McKAY, Presiding Judge for the Criminal District Court, Parish of Orleans, Section “H”.

No. 86-KH-2347.

Supreme Court of Louisiana.

Jan. 23, 1987.

In re McCormick, Roosevelt; applying for motion for delayed appeal; to the Court of Appeal, Fourth Circuit, No. K-5693; Parish of Orleans, Criminal District Court, Div. “H”, No. 223-646.

Denied. Defendant’s conviction was appealed and decided in 1972. See 272 So.2d 692.
EXHIBIT 32.1



CERTIFICATION

PURSUANT TO RULE 13A-14(B) OR RULE 15D-14(B)

OF THE SECURITIES EXCHANGE ACT OF 1934 AND 18 U.S.C. SECTION 1350



In connection with the Quarterly Report of EPL Intermediate, Inc. (the Company) on Form 10-Q for the quarterly period ended March 31, 2005 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Steven E. Carley, President of the Company, 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) 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 E. Carley                                          
|Stephen E. Carley President EPL Intermediate, Inc. May 13, 2005



This certification is made solely for
the purpose of 18 U.S.C. Section 1350, and not for any other purpose. A signed original of this written statement required by Section 906 has been provided to EPL Intermediate, Inc. and will be retained by EPL Intermediate, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
Exhibit 31.1



Certifications



I, J.A. Cardwell, Sr., certify that:



1. I have reviewed this quarterly report on Form 10-Q of Petro Distributing, Inc.;



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



3. Based on my knowledge, the financial statements, 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 registrant as of, and for, the periods presented in this report;



4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant 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 registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



(b) Evaluated the effectiveness of the registrant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; and



(c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most
recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting.



5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over
financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):



(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial
reporting which are reasonably likely to adversely affect the registrant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 registrants internal control
over financial reporting.



|                      
|----------------------
|Date: August 13, 2004 
|/s/ J.A. Cardwell, Sr.
|(J.A. Cardwell, Sr.)  
|President and Director
<PAGE>

                                                                   Exhibit 23.01

                        CONSENT OF INDEPENDENT AUDITORS

     We consent to the incorporation by reference in the Registration Statements
on Form S-3 (333-51373), Form S-3 (333-51373), Form S-3 (333-51373) of our
report dated April 1999 on the consolidated financial statements of Kaleidoscope
Media Group, Inc. and subsidiaries included in the 1998 Annual Report on Form
10-KSB. We also consent to the reference to our Firm under the caption "Experts"
in the prospectuses.

/s/ Liebman Goldberg & Drogin
------------------------------

New York, New York
April 15, 1999