alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT JAMES DAMON SUMPTER, Plaintiff-Appellant, v. No. 97-6946 UNITED STATES OF AMERICA, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CR-90-25) Submitted: September 8, 1998 Decided: November 23, 1998 Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

_________________________________________________________________ Vacated and remanded by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL James Damon Sumpter, Appellant Pro Se. Robert William Jaspen,OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

_________________________________________________________________ Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).

_________________________________________________________________OPINION PER CURIAM: The Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (AEDPA), established a one-year limitations period for filing motions under 28 U.S.C.A.§ 2255 (West 1994 & Supp. 1998). In Brown v. Angelone , ___ F.3d ___, Nos. 96-7173, 96-7205, 1998 WL 389030 (4th Cir. July 14, 1998), we determined that the one-year limitations period did not apply retroactively. See id. at *5-6. Therefore, a person whose conviction became final before the effective date of the AEDPA had until April 23, 1997, to file a § 2255 motion. See id. at *6. James Sumpter pleaded guilty to drug offenses in 1990. He did not appeal his conviction or sentence. On April 28, 1997, his § 2255motion, which was notarized on April 22, 1997, was filed in the district court. The district court dismissed the motion because it was filed more than one year after the date Sumpter's conviction became final. Sumpter appeals that decision. We grant leave to proceed in forma pauperis, grant a certificate of appealability, vacate the order of the district court, and remand for further proceedings. First, the district court must determine when Sumpter delivered the motion to prison officials for mailing. See Houston v. Lack , 487 U.S. 266, 276 (1988); Burns v. Morton , 134 F.3d 109, 113 (3d Cir. 1998). If the court finds that Sumpter delivered the motion by April 23, 1997, the motion will be deemed timely filed,and the district court presumably should address the merits of Sumpter's claims.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.
VACATED AND REMANDED
2
[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Page 20822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8285]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Disease, Disability, and Injury Prevention and Control Special 
Emphasis Panel (SEP): Initial Review

    The meeting announced below concerns Identifying Modifiable 
Protective Factors for Intimate Partner Violence or Sexual Violence 
Perpetration, Funding Opportunity Announcement (FOA) CE12-003, Initial 
Review
    In accordance with Section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the aforementioned meeting:

    Time and Date: 12 p.m.-3 p.m., April 26, 2012 (Closed).
    Place: Teleconference.
    Status: The meeting will be closed to the public in accordance 
with provisions set forth in Section 552b(c) (4) and (6), Title 5 
U.S.C., and the Determination of the Director, Management Analysis 
and Services Office, CDC, pursuant to Public Law 92-463.
    Matters To Be Discussed: The meeting will include the initial 
review, discussion, and evaluation of applications received in 
response to ``Identifying Modifiable Protective Factors for Intimate 
Partner Violence or Sexual Violence Perpetration, FOA CE12-003''.
    Contact Person for More Information: Jane Suen, Dr.P.H., M.S., 
Scientific Review Officer, CDC, 4770 Buford Highway, NE., Mailstop 
F63, Atlanta, Georgia 30341-3724, Telephone (770) 488-4281.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining 
to announcements of meetings and other committee management 
activities, for both the Centers for Disease Control and Prevention 
and the Agency for Toxic Substances and Disease Registry.

    Dated: March 30, 2012.
Elaine L. Baker,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention.
[FR Doc. 2012-8285 Filed 4-5-12; 8:45 am]
BILLING CODE 4163-18-P
IV

107TH CONGRESS

1ST SESSION H. CON. RES. 294

Expressing the sense of the Congress that the Secretary of the Navy should

name a new naval vessel the ‘‘U.S.S. Bluejacket’’.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 19, 2001

Mr. SIMMONS submitted the following concurrent resolution; which was

referred to the Committee on Armed Services

CONCURRENT RESOLUTION

Expressing the sense of the Congress that the Secretary

of the Navy should name a new naval vessel the ‘‘U.S.S.

Bluejacket’’.

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that the

3 Secretary of the Navy should name an appropriate new

4 naval vessel the ‘‘U.S.S. Bluejacket’’ in honor of the mil5 lions of enlisted men and women who have proudly served

6 as sailors in the United States Navy.

Æ
**MEMORANDUM**

DATE: November 21, 2014 TO: Carbon Power Plan for Existing Power Plants; Docket Id: OAR

–2013
- 0602 FROM: Region 7 , EPA SUBJECT: June 11 , 2014 , Conference Call Regarding Proposed Carbon Power Plan for

Existing Power Plants
**SUMMARY** A conference call was held between EPA and the attendees listed below on June 11 , 2014 to announce and discuss the proposed Carbon Power Plan for Existing Power Plants

. The majority of the discussion centered on how goals were e stablished for the states in Region 7: Io wa, Kansas, Missouri, and Nebraska

. The Carbon Power Plan for Existing Power Plants was proposed on June 2 , 2014
. **ATTENDEES** EPA Region 7: Rebecca Weber Josh Tapp Mark A. Smith Ward Burns Toni Gargas Io wa Department of Natural Resources Catharine Fitzsimmons Kansas Department of Health and Environment Rick Brunetti Tom Gross Missouri Department of Natural Resources Ky ra Moore Nebraska Department of Environmental Quality Shelly Schneider
IV

107TH CONGRESS

1ST SESSION H. CON. RES. 209

Expressing the sense of the Congress that the Secretary of Health and

Human Services should administratively provide for coverage under the

Medicare Program of backup systems for durable medical equipment

in the case of a power failure.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 2001

Mr. CALVERT submitted the following concurrent resolution; which was referred to the Committee on Energy and Commerce, and in addition to

the Committee on Ways and Means, 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 the Secretary

of Health and Human Services should administratively

provide for coverage under the Medicare Program of

backup systems for durable medical equipment in the

case of a power failure.

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Secretary of Health and Human

3 Services should administratively provide for coverage

4 under the medicare program under title XVIII of the So5 cial Security Act (42 U.S.C. 1395 et seq.) of appropriate

6 backup systems for those items of durable medical equip-
2

•HCON 209 IH

1 ment (for which payment is made under section 1834 of

2 such Act (42 U.S.C. 1395m)) furnished to medicare bene3 ficiaries that the Secretary determines require such

4 backup systems in the case of a power failure, including

5 the following:

6 (1) Back-up power supplies in case of lengthy

7 rolling blackouts.

8 (2) Back-up ventilators in case of mechanical

9 failure of a ventilator.

10 (3) Back-up respiratory assist devices for pa11 tients with amyotrophic lateral sclerosis (ALS) who

12 have progressed to using such devices on a 24-hour

13 basis and have elected not to have a tracheostomy

14 (in order to connect the patients to standard home

15 ventilators).

Æ
# Fourth Court of Appeals

**San Antonio, Texas**

October 22, 2014

N o. 04

- 14

- 00713

- CR

Ex Parte Anthony Ray PERRYMAN

, Appellant

From the 399t h Judicial District Court, Bexar County, Texas

Trial Court No. 2013CR10581 Honorable Ray Olivarri, Judge Presiding



### ORDER

\ Appellant filed a notice of appeal on September 15, 2014, indicating a desire to file an appeal from a September 8, 2014, order of the trial court denying a “petition for writ of habeas corpus for recusal.” The clerk ’ s record does not contain a petition for a writ of habeas corpus or a ruling on the merits of a petition. Nor does the record contain a judgment against Perryman or other appealable order of the trial court. See T EX

. R. A PP

. P . 26.2.

We therefore order a response due November 3, 2014 , showing why this appeal should not be dismissed for want of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will b e dismissed. See T EX

. R. A PP

. P. 42.3(c). If a supplemental

clerk ’ s record is necessary to show this court’s jurisdiction , appellant must file a written request with the clerk, specifying the pleadings and orders to be included. Appellant must file a copy of any such request with this court.

All deadlines in this matter are suspended until further order of the court.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 22nd day of October, 2014

.

___________________________________ Keith E. Hottle

Clerk of Court
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 402 Introduced in House (IH)]

  2d Session
H. CON. RES. 402

Commending the establishment of the President's New Freedom Commission 
               on Mental Health, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2002

Ms. Kaptur (for herself, Mrs. Roukema, Mr. Kennedy of Rhode Island, Mr. 
   Norwood, Mr. DeFazio, Mr. Greenwood, and Mr. Smith of New Jersey) 
 submitted the following concurrent resolution; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Commending the establishment of the President's New Freedom Commission 
               on Mental Health, and for other purposes.

Whereas 18 to 20 percent of the population of the United States have a 
        diagnosable mental illness;
Whereas 4 of the 10 leading causes of disability in the United States are mental 
        disorders;
Whereas untreated mental illness too often leads to family breakdown, lost 
        productivity, unemployment, homelessness, drug and alcohol addiction, or 
        incarceration;
Whereas numerous Federal, State, and local governmental entities oversee mental 
        health services through a diverse and complex network of public and 
        private providers and delivery systems;
Whereas more efficient organization and coordination could assist these 
        providers in ensuring that effective treatment is received by those 
        individuals most in need;
Whereas improvements in coordination and quality of services are greatly needed 
        by all aspects of the public and private mental health system;
Whereas recommendations are needed for improvements to enable adults with 
        serious mental illness and children with serious emotional disturbances 
        to live, work, learn, and participate fully in their communities; and
Whereas in the United States, millions of people and their families live every 
        day with mental illness, and untreated mental illness is a great 
        national problem: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That--
    (1) it is the sense of the Congress that improving the Nation's 
mental health service delivery system for individuals with serious 
mental illness and children with serious emotional disturbance is a 
national priority; and
    (2) the Congress commends the establishment of the President's New 
Freedom Commission on Mental Health.
                                 <all>
```
**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**

|   | (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 this Report fairly presents, in all material                respects, the financial condition and results of operations of the                Registrant. |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                             |                                                                          |                                 |
|------------------------------------------------------------------|-------------------------------------------------------------------------------|--------------------------------------|
| Dated                      this 12th day of November, 2007. | By:                                                                 | /s/                      Liang Zhang |
|                                                             | Liang                      Zhang Chief                      Executive Officer |

----
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 424 Engrossed in House (EH)]

  2d Session

                            H. CON. RES. 424

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Commending the patriotic contributions of the roofing professionals who 
  replaced, at no cost to the Federal Government, the section of the 
 Pentagon's slate roof that was destroyed as a result of the terrorist 
 attacks against the United States that occurred on September 11, 2001.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
H. CON. RES. 424

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas the damage to the Pentagon that resulted from the terrorist attacks 
        against the United States that occurred on September 11, 2001, included 
        the destruction of more than an acre of the Pentagon's slate roof;
Whereas roofing professionals from throughout the United States, mostly from 
        small businesses, volunteered to work together to replace the destroyed 
        section of the Pentagon's roof;
Whereas these roofing professionals donated approximately $450,000 worth of 
        labor and materials to the replacement effort; and
Whereas these roofing professionals successfully replaced 60,000 square feet of 
        the Pentagon's slate roof before September 11, 2002, and at no cost to 
        the Federal Government: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress commends the patriotic contributions of the roofing 
professionals who replaced, at no cost to the Federal Government, the 
section of the Pentagon's slate roof that was destroyed as a result of 
the terrorist attacks against the United States that occurred on 
September 11, 2001.

            Passed the House of Representatives June 27, 2002.

            Attest:

                                                                 Clerk.
```
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 396 Introduced in House (IH)]

107th CONGRESS
  2d Session
H. CON. RES. 396

  Expressing the sense of Congress that a commemorative postage stamp 
  should be issued by the United States Postal Service honoring Tito 
                                Puente.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2002

  Mr. Rangel submitted the following concurrent resolution; which was 
             referred to the Committee on Government Reform

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Expressing the sense of Congress that a commemorative postage stamp 
  should be issued by the United States Postal Service honoring Tito 
                                Puente.

Whereas Ernest Anthony Puente, Jr., nicknamed ``Tito Puente'', was born on April 
        20, 1923, in East Harlem, New York, and was one of the greatest Hispanic 
        musicians in his field;
Whereas Tito Puente was considered a musical child prodigy in Harlem at the age 
        of 13;
Whereas Tito Puente served in the United States Navy and received a Presidential 
        commendation for being in 9 battles;
Whereas Tito Puente was a 4-time Grammy Award winner and has participated in 
        motion pictures and in television programs;
Whereas Tito Puente created a scholarship foundation in 1980 to promote the arts 
        and to help talented children, and since then the foundation has awarded 
        more than 50 scholarships;
Whereas Tito Puente has been awarded the Washington D.C. Hispanic Heritage 
        Committee Award for the Arts and the Smithsonian Medal, in addition to 
        other awards;
Whereas Tito Puente has recorded more than 100 songs heard throughout the world; 
        and
Whereas Tito Puente died on May 31, 2000, in New York City, and will be 
        remembered through generations as ``El Rey de los Timbales'': Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that--
            (1) a commemorative postage stamp should be issued by the 
        United States Postal Service honoring Tito Puente; and
            (2) the Citizens' Stamp Advisory Committee should recommend 
        to the Postmaster General that such a stamp be issued.
                                 <all>
```
Exhibit 10.4

                             PHASE III MEDICAL, INC.
                             330 South Service Road
                                    Suite 120
                            Melville, New York 11747
                                  631.574.4955

August 12, 2005

Mr. Robert Aholt, Jr.
20128 Cavern Court
Saugus, California 91390


Dear Mr. Aholt:

            This letter agreement shall serve as an amendment (the "Amendment")
to your letter agreement (the "Letter Agreement") with Phase III Medical, Inc.
(the "Company") dated September 13, 2004 to serve as the Company's Chief
Operating Officer. The terms of this Amendment were unanimously approved by the
Board of Directors of the Company on May 4, 2005, subject to the approval of the
Company's shareholders, which was obtained on July 20, 2005.

            The Letter Agreement is hereby amended as follows:

     1.   Effective as of September 30, 2005, the annual salary to which you are
          entitled during the Term, which you shall receive as full
          consideration for your services thereunder, shall be equal to the sum
          of $170,500 and $187,550, respectively, for each of the years ended
          September 12, 2006 and September 12, 2007, which shall be paid to you
          in accordance with the Company's normal payroll practices.
     2.   Under the Letter Agreement, you shall be entitled to an annual minimum
          bonus of $12,000 during the Term, payable in January of each year
          during the Term, commencing in January 2006.

            For purposes of clarification, we acknowledge that the foregoing
does not affect the Company's obligation to pay to you on October 1, 2005 Common
Stock with a value of $26,750 and your monthly cash salary payable through
September 30, 2005, all on the terms and conditions set forth in the Letter
Agreement.

            Except as provided herein, the Letter Agreement shall remain
unchanged. Unless otherwise defined herein, initially capitalized terms used
herein shall have the meaning set forth in the Letter Agreement. For our
records, I would appreciate your countersigning the attached copy of this
Amendment and returning the same to me at your earliest convenience.

                                                Sincerely,
                                                /s/ Mark Weinreb
                                                Mark Weinreb, President & CEO


Accepted and agreed to:
/s/ Robert Aholt, Jr.
Robert Aholt, Jr.
<PAGE>

                                                                    EXHIBIT 32.2

                           SECTION 1350 CERTIFICATION

     In connection with the Quarterly Report of Abington Community Bancorp, Inc.
(the "Company") on Form 10-Q for the period ended September 30, 2006, (the
"Report") as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Jack J. Sandoski, Senior Vice President and 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.

                                        /s/ Jack J. Sandoski
                                        ----------------------------------------
                                        Jack J. Sandoski
                                        Senior Vice President and
                                        Chief Financial Officer
                                        November 14, 2006

     A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 OF THE
SARBANES-OXLEY ACT HAS BEEN PROVIDED TO ABINGTON COMMUNITY BANCORP, INC. AND
WILL BE RETAINED BY ABINGTON COMMUNITY BANCORP, INC. AND FURNISHED TO THE
SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
#### STATE of Louisiana v. Lionel J. DESDUNES a/k/a Calvin A. Desdunes.

No. 88-KH-0202.

Supreme Court of Louisiana.

Feb. 12, 1988.

In re Desdunes, Lionel J. a/k/a; Des-dunes, Calvin A.; applying for writ of cer-*150tiorari and/or review, supervisory and/or remedial; Parish of Orleans, Criminal District Court, Div. “G”, No. 290-872.

Denied. Relator should file in 19th Judicial District Court.