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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 09-8116

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JERMAINE ANTONIO ARMSTRONG,

Defendant - Appellant.

Appeal from the United States District Court for the District of 

South Carolina, at Florence. Terry L. Wooten, District Judge. 

(4:04-cr-00634-TLW-1; 4:09-cv-70066-TLW)

Submitted: February 10, 2010 Decided: February 22, 2010

Before GREGORY, SHEDD, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jermaine Antonio Armstrong, Appellant Pro Se. Alfred William 

Walker Bethea, Jr., Assistant United States Attorney, Florence, 

South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Jermaine Antonio Armstrong seeks to appeal the 

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

(West Supp. 2009) 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 Armstrong has not 

made the requisite showing. Accordingly, we deny 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
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 326 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
S. RES. 326

    Designating the Cowboy Poetry Gathering in Elko, Nevada, as the 
                 ``National Cowboy Poetry Gathering''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2000

Mr. Bryan submitted the following resolution; which was referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                               RESOLUTION

 
    Designating the Cowboy Poetry Gathering in Elko, Nevada, as the 
                 ``National Cowboy Poetry Gathering''.

Whereas working cowboys and the ranching community have contributed greatly to 
        the establishment and perpetuation of western life in the United States;
Whereas the practice of composing verses about life and work on the range dates 
        back to at least the trail drive era of the late 19th century;
Whereas the Cowboy Poetry Gathering has revived and continues to preserve the 
        art of cowboy poetry by increasing awareness and appreciation of this 
        tradition-based art form;
Whereas the reemergence of cowboy poetry both highlights recitation traditions 
        that are a central form of artistry in communities throughout the West 
        and promotes popular poetry and literature to the general public;
Whereas the Cowboy Poetry Gathering serves as a bridge between urban and rural 
        people by creating a forum for the presentation of art and for the 
        discussion of cultural issues in a humane and non-political manner;
Whereas the Western Folklife Center in Reno, Nevada, established and hosted the 
        inaugural Cowboy Poetry Gathering in January of 1985;
Whereas since its inception 16 years ago, some 200 similar local spin-off events 
        are now held in communities throughout the West; and
Whereas it is proper and desirable to recognize Elko, Nevada, as the original 
        home of the Cowboy Poetry Gathering: Now, therefore, be it
    Resolved, That the Senate designates the Cowboy Poetry Gathering in 
Elko, Nevada, as the ``National Cowboy Poetry Gathering''.
                                 <all>
```
**EXHIBIT 32.2**

 

**CERTIFICATION OF PRINCIPAL**

**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 this Quarterly Report of The Flooring Zone, Inc. (the “Company”) on Form 10-Q for the period ended September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the*"Report"*), I, Andrew Limpert, Chief Financial Officer 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 results of operations of the Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

| Date:  | November 14, 2008 |   | By:    | /s/ Andrew Limpert      |   |
|--------|-------------------|--------|--------|-------------------------|--------|
|   |              |   |   | Andrew Limpert          |   |
|   |              |   |   | Chief Financial Officer |   |
|        |                   |        |        |                         |        |  |
NOTE: This order is nonprecedential.



# United States Court of Appeals for the Federal Circuit 2008-3275 JESSIE L. FLETCHER,

Petitioner,

v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. Petition for review of the Merit Systems Protection Board in

AT0752070493-I-1. ON MOTION ORDER Jessie L. Fletcher moves without opposition for an 18-day extension of time, until July 20, 2009, to file a reply brief. Upon consideration thereof, IT IS ORDERED THAT: The motion is granted. FOR THE COURT 

### JUL 15 2009 /s/ Jan Horbaly Date

cc: Daniel A. Perez, Esq. David A. Harrington, Esq. Jan Horbaly Clerk U.S. COURT FIL E OF APPEALS FOR THE FEDERAL CIRCUIT JUL 15 2009 s17 JAN HORBALY CLERK
**Exhibit
      23.3**





**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**





C2
      Global
      Technologies Inc.


Toronto,
      Ontario, Canada





We
      hereby
      consent to the incorporation by reference in the Registration Statement on:
      Form
      S-8 Nos. (333-86761, 333-88881, 333-08483, 333-08477) of C2 Global Technologies
      Inc. of our report dated March 27, 2006, except for the effects of the
      discontinued operations discussed in Note 6, as to which date is March 1, 2007,
      relating to the 2005 consolidated financial statements and the financial
      statement schedule, which appears in this Form 10-K. Our report contains an
      explanatory paragraph regarding the Company’s ability to continue as a going
      concern.







/s/
      BDO
      Seidman, LLP


Houston,
      Texas


March
      7,
      2008
#### Bernard D. GOLDSTEIN, et al. v. Richard H. MOORE, et al.

86-58.

Supreme Court of Alabama.

June 26, 1987.

Stephen M. Gudac, Mobile, for appellants.

Gregory M. Friédlander, Mobile, for ap-pellees.

PER CURIAM.

We affirm the judgment of the trial court on the authority of *Waters v. Merritt,*277 Ala. 346, 170 So.2d 492 (1964). See, also, *Tyson v. Weil,*169 Ala. 558, 53 So. 912 (1910), and *Penny v. Quinn,*16 Ala.App. 251, 77 So. 240 (1917).

AFFIRMED.

JONES, ALMON, SHORES, ADAMS and STEAGALL, JJ., concur.
#### Byron PRESCOTT, individually and as Director of the Alabama Department of Public Safety; and James L. Fuqua, individually and as Chief of the Highway Patrol Division, Alabama Department of Public Safety v. Luther Joe PRITCHETT.

Civ. 4914.

Court of Civil Appeals of Alabama.

June 3, 1987.

ON REMAND FROM ALABAMA SUPREME COURT

BRADLEY, Presiding Judge.

Upon remand to this court by the Supreme Court of Alabama, it is considered that this cause should be reversed in accordance with the opinion rendered by the supreme court on March 6, 1987, 509 So.2d 227, in the above cause, and remanded to the Circuit Court of Montgomery County for entry of judgment in accordance with the opinion of the supreme court.

REVERSED AND REMANDED WITH DIRECTIONS ON REMAND.

HOLMES and INGRAM, JJ., concur.
#### Cal Leonard STEWART, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

No. 5816.

Supreme Court of Wyoming.

Nov. 23, 1982.

Cal Leonard Stewart, pro se.

Gerald A. Stack, Deputy Atty. Gen., Criminal Div., for appellee.

ORDER DISMISSING APPEAL

ROSE, Chief Justice.

This appeal was taken from the district court’s denial of a motion for sentence reduction styled as a “Motion For Jail Time,” and that motion, according to the record, was filed after the 120-day period provided for filing such a motion under Rule 36, W.R.Cr.P. The district court loses jurisdiction to reduce its sentence after 120 days following the date of the judgment and sentence. *United States v. Hetrick,*644 F.2d 752 (9th Cir.1981); 3 Wright, Federal Practice and Procedure § 587. The motion was not timely and the district court was without jurisdiction to consider it. The motion could only be denied by the district court on the ground it had no jurisdiction. Since the district court had no jurisdiction, this court is without jurisdiction to consider the appeal. *Hayes v. State,*Wyo., 599 P.2d 569 (1979); *Snell v. Ruppert,*Wyo., 541 P.2d 1042 (1975).

It is, therefore

ORDERED that this appeal be, and is, dismissed.
**EXHIBIT32.2**

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

 Inconnection with the Quarterly Report of U.S. Premium Beef, LLC (the Company) onForm 10-Q for the period ended May 31, 2008 as filed with the Securities andExchange Commission on the date hereof (the Report), I, Scott J. Miller, ChiefReporting and Compliance Officer of the Company, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that: 

     (1)The Report fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and 

     (2)The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company. 

|   |   |                                                                                                    |
|--------|--------|---------------------------------------------------------------------------------------------------------|
| By:    |   | /s/ Scott J. Miller                                                                                     |
|   |   |                                                                                                    |
|   |   | Scott J. Miller*Chief Reporting and Compliance Officer*

*(Principal Financial and Accounting Officer)* |

Date: July 11, 2008
III

106TH CONGRESS

2D SESSION S. RES. 368

To recognize the importance of relocating and renovating the Hamilton

Grange, New York.

IN THE SENATE OF THE UNITED STATES

OCTOBER 6 (legislative day, SEPTEMBER 22), 2000

Mr. MOYNIHAN (for himself, Mr. BYRD, and Mr. SCHUMER) submitted the following resolution; which was referred to the Committee on Energy and

Natural Resources

RESOLUTION

To recognize the importance of relocating and renovating

the Hamilton Grange, New York.

Whereas Alexander Hamilton, assisted by James Madison

and George Washington, was the principal drafter of the

Constitution of the United States;

Whereas Hamilton was General Washington’s aide-de-camp

during the Revolutionary War, and, given command by

Washington of the New York and Connecticut light infantry battalion, led the successful assault on British redoubt number 10 at Yorktown;

Whereas after serving as Secretary of the Treasury, Hamilton founded the Bank of New York and the New York

Post;
2

•SRES 368 IS

Whereas the only home Hamilton ever owned, commonly

known as ‘‘the Grange’’, is a fine example of Federal period architecture designed by New York architect John

McComb, Jr., and was built in upper Manhattan in 1803;

Whereas the New York State Assembly enacted a law in

1908 authorizing New York City to acquire the Grange

and move it to nearby St. Nicholas Park, part of the

original Hamilton estate, but no action was taken;

Whereas in 1962, the National Park Service took over management of the Grange, by then wedged on Convent Avenue within inches between an apartment house on the

north side and a church on the south side;

Whereas the 1962 designation of the Grange as a national

memorial was contingent on the acquisition by the National Park Service of a site to which the building could

be relocated;

Whereas the New York State Legislature enacted a law in

1998 that granted approval for New York City to transfer land in St. Nicholas Park to the National Park Service, causing renovations to the Grange to be postponed;

and

Whereas no obelisk, monument, or classical temple along the

national mall has been constructed to honor the man who

more than any other designed the Government of the

United States, Hamilton should at least be remembered

by restoring his home in a sylvan setting: Now, therefore,

be it

1 Resolved, That—
3

•SRES 368 IS

1 (1) the Senate recognizes the immense con2 tribution Alexander Hamilton made to the United

3 States as a principal drafter of the Constitution; and

4 (2) the National Park Service should

5 expeditiously—

6 (A) proceed to relocate the Grange to St.

7 Nicholas Park; and

8 (B) restore the Grange to a state befitting

9 the memory of Alexander Hamilton.

Æ
**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 on Form 10-Q for the three months period
      ended March 31, 2008 of the MACROshares Oil Up Tradeable Trust (the
      " **Registrant** "),
      as
      filed with the Securities and Exchange Commission on the date hereof (the
      " **Quarterly**  **Report** "),
      I,
      Samuel Masucci, III, principal executive 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:
      May
      15, 2008




/s/
      Samuel Masucci,
      III


Samuel
      Masucci, III


Chief
      Executive Officer of the Depositor,


on
      behalf
      of the Registrant
III

106TH CONGRESS

1ST SESSION S. RES. 35

Relating to the treatment of veterans with Alzheimer’s disease.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 11, 1999

Ms. SNOWE submitted the following resolution; which was referred to the

Committee on Veterans’ Affairs

RESOLUTION

Relating to the treatment of veterans with Alzheimer’s

disease.

Whereas an estimated 30 percent of the patients in veterans

nursing home facilities suffer from Alzheimer’s Disease

or some other form of dementia;

Whereas only a very small number of facilities exist that are

dedicated to treating patients with Alzheimer’s disease

and to developing improved protocols to treat the disorder;

Whereas the aging of the United States veterans population

is expected to hinder the capability of traditional veterans

nursing home facilities to care for veterans with Alzheimer’s disease; and

Whereas research indicates that the traditional nursing home

model may not provide the most effective method of
2

•SRES 35 IS

treating patients with Alzheimer’s disease: Now, therefore, be it

1 Resolved, That it is the sense of the Senate that—

2 (1) in authorizing medical facility projects and

3 leases for the Department of Veterans Affairs, Con4 gress should authorize projects and leases for facili5 ties, in urban and rural locations, that are designed

6 specifically for purposes of treating veterans with

7 Alzheimer’s disease and conducting research relating

8 to Alzheimer’s disease;

9 (2) the Secretary of Veterans Affairs should en10 courage innovation in the methods utilized by De11 partment health care personnel in treating veterans

12 with Alzheimer’s disease; and

13 (3) the Secretary should encourage and facili14 tate the sharing of information on Alzheimer’s dis15 ease among Department facilities and personnel.

Æ
#### STATE of Louisiana v. Edward L. LUCERO.

No. 88-KH-0243.

Supreme Court of Louisiana.

Feb. 12, 1988.

In re Lucero, Edward L.; applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “C”, No. 320-151; to the Court of Appeal, Fourth Circuit, No. KW-9283.

Denied.
**Exhibit 21**

**Subsidiaries of Plum Creek Timber Company, Inc.**

State of Formation is Delaware unless otherwise noted: 

Plum Creek Timberlands, L.P. 

Plum Creek Timber I, L.L.C. 

Plum Creek Ventures I, L.L.C. 

Plum Creek Timber II, L.L.C. 

Plum Creek Manufacturing, L.P. 

Plum Creek Maine Timberlands, L.L.C. 

Plum Creek Southern Timber, L.L.C. 

Plum Creek South Central Timberlands, L.L.C. 

Plum Creek Manufacturing Holding Company, Inc. 

Plum Creek Marketing, Inc. 

Plum Creek Northwest Lumber, Inc. 

Plum Creek Northwest Plywood, Inc. 

Plum Creek MDF, Inc. 

Plum Creek Southern Lumber, Inc. 

PC Timberland Investment Company 

Plum Creek Investment Company (Oregon) 

Plum Creek Land Company 

Plum Creek Maine Marketing, Inc. 

Highland Resources, Inc. 

Cypress Creek Ranch, L.L.C. 

B & C Water Resources, Inc. 

B & C Water Resources, L.L.C. 

Plum Creek Timber Operations I, L.L.C. 

Plum Creek Timber Operations II, Inc. 

Escanaba Timberlands Holding IV, L.L.C.
#### Michiah BANKS, Appellant, v. STATE of Florida, Appellee.

No. BE-327.

District Court of Appeal of Florida, First District.

May 15, 1986.

Michael E. Allen, Public Defender, and Kenneth D. Driggs, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Royall P. Terry, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

The disposition on review, imposing adult sanctions on a juvenile defendant without full compliance with the mandate of Section 39.111(6)(c) and (d), Florida Statutes (1983), must be vacated and remanded for resen-tencing, as required by *State v. Rhoden,*448 So.2d 1013 (Fla.1984). The trial court shall consider each of the criteria enumerated in Section 39.111(6)(c), conduct a disposition hearing consonant with the direction of Section 39.111(6)(a), and reduce to writing the findings of fact and the reasons for imposing adult sanctions.

The disposition imposed is reversed and the cause remanded for redisposition in conformance with Section 39.111(6)(c) and (d), Florida Statutes.

BOOTH, C.J., and SMITH and WENT-WORTH, JJ., concur.
#### Douglas Ray RUPERT v. STATE of Mississippi.

No. 57909.

Supreme Court of Mississippi.

Jan. 6, 1988.

Garnett Harrison, Gulfport, for appellant.

Edwin Lloyd Pittman, Atty. Gen., by Billy L. Gore, Asst. Atty. Gen., Jackson, for appellee.

Before HAWKINS and DAN M. LEE, P.JJ., and ANDERSON, J.

AFFIRMED.

*584ROY NOBLE LEE, C.J., and PRATHER, ROBERTSON, SULLIVAN, GRIFFIN and ZUCCARO, JJ., concur.
Exhibit 99.1


LIFECELL


March  22,  2002



United States Securities and Exchange Commission

Washington, D.C. 20549



Dear  Sirs:


Arthur  Andersen  LLP has audited our financial statements for fiscal year ended
December 31, 2001.  In connection with the audit, Andersen has represented to us
that  the  audit  was  subject to Andersen's quality control system for the U.S.
Accounting  and  Auditing  Practice,  that  the  engagement  was  conducted  in
compliance with professional standards and that there was appropriate continuity
of  Andersen  personnel working on the audit and availability of national office
consultation.  Availability  of  personnel at foreign affiliates of Andersen was
not  relevant  to  our  audit.  Andersen  has  authorized  us  to  make  these
representations  to  you  as  an  exhibit  to  our  Form 10-K for the year ended
December  31,  2001,  which  include  such  financial  statements.

Very  truly  yours,


/s/  Steven  T.  Sobieski

Steven  T.  Sobieski
Vice  President,  Finance
Chief  Financial  Officer





--------------------------------------------------------------------------------
          Lifecell Corporation One Millennium Way, Branchburg, NJ 08876
                     Phone: 908.974.1200  www.lifecell.com


<PAGE>
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 10 Introduced in House (IH)]

107th CONGRESS
  1st Session
H. CON. RES. 10

Expressing the sense of the Congress that State earnings limitations on 
  retired law enforcement officers be lifted to enhance school safety.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2001

 Mr. Sweeney submitted the following concurrent resolution; which was 
   referred to the Committee on Education and the Workforce, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                              concerned   

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Expressing the sense of the Congress that State earnings limitations on 
  retired law enforcement officers be lifted to enhance school safety.

Whereas school violence in the United States is a growing concern of all 
        Americans;
Whereas the Nation's schools should be a safe haven for the pursuit of the 
        education that children will need to succeed in life, rather than places 
        of fear and violence;
Whereas Government has an obligation to provide parents, children, and 
        communities with the resources necessary to prevent school violence;
Whereas a comprehensive program to prevent school violence should include an 
        increase in the day-to-day presence of security officers in schools;
Whereas police officers who have daily risked their lives to provide for the 
        safety of the general public are willing to continue to serve even after 
        retirement; and
Whereas several States have placed earnings limits on retired police officers 
        which needlessly restrict those retired officers' involvement in 
        providing for safer schools: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that States should be encouraged 
to lift earnings limitations on retired State law enforcement officers 
in order to enhance public safety and increase the day-to-day security 
in the Nation's schools.
                                 <all>
```