alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-40098 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DARRYL MEADOWS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-98-CR-443-1

-------------------- December 14, 1999 Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM: * Darryl Meadows appeals his sentence for conspiracy to possess with the intent to distribute approximately 97 kilograms of marijuana, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C), and possession with the intent to distribute 97 kilograms of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). Meadows contends that the district court erred in determining that 17 additional transactions involving 2,549 pounds of marijuana and eight kilograms of cocaine qualified as relevant conduct. Meadows also contends that the district courtNo. 99-40098 -2- erred in determining that he played a managerial role in the offense under U.S.S.G. § 3B1.1(c). We have reviewed the record and briefs submitted by the parties and find that the district court’s findings that Meadows possessed the additional 2,549 pounds of marijuana and eight kilograms of cocaine, and that he played a managerial role in the offense, were supported by a preponderance of the evidence and were not clearly erroneous. United States v. Bryant , 991 F.2d 171, 177 (5th Cir. 1993); United States v. Okoli , 20 F.3d 615, 616 (5th Cir. 1994).
AFFIRMED.
IV 

107TH CONGRESS 

2D SESSION H. CON. RES. 492

Welcoming Her Majesty Queen Sirikit of Thailand upon her arrival in the 

United States. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2002

Mr. ROHRABACHER submitted the following concurrent resolution; which was 

referred to the Committee on International Relations 

CONCURRENT RESOLUTION 

Welcoming Her Majesty Queen Sirikit of Thailand upon her 

arrival in the United States.

Whereas the United States and the Kingdom of Thailand 

have enjoyed 169 years of peaceful and constructive relations since the signing of the Treaty of Amity and Commerce in 1833; 

Whereas the aforesaid document was the first such treaty 

signed between the United States and any Asian nation; 

Whereas the United States enjoys both a bilateral security 

agreement and a military assistance agreement with 

Thailand and conducts several military exercises with the 

armed forces of Thailand every year, the largest of which 

is the Cobra Gold exercise; 
2

•HCON 492 IH 

Whereas Her Majesty Queen Sirikit has made major contributions to advancing the social and economic welfare 

and health of the people of Thailand, most notably as 

President of the Thai Red Cross Society; 

Whereas in order to assist the rural poor of Thailand, Her 

Majesty Queen Sirikit serves as patron and chairperson 

of the Foundation for the Promotion of Supplementary 

Occupations and Related Techniques (SUPPORT); 

Whereas in her capacity as President of the Thai Red Cross 

Society, Her Majesty Queen Sirikit established the Khao 

Larn Thai Red Cross Center to provide food, shelter, and 

medical attention to Cambodian refugees fleeing turmoil 

in their country; and 

Whereas Her Majesty Queen Sirikit’s contributions to the 

welfare of Thai citizens and of international refugees 

have been widely recognized by groups as diverse as the 

United Nations Food and Agriculture Organization, the 

Fletcher School of Law and Diplomacy, and the British 

Royal College of Physicians: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate 

2 concurring), That the Congress welcomes Her Majesty 

3 Queen Sirikit on her visit to the United States, and ex4 presses the hope that her visit will further strengthen the 

5 deep historical relationship between the United States and 

6 the Kingdom of Thailand.

Æ
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

ERICSSON INC., TELEFONAKTIEBOLAGET LM 

ERICSSON,

Appellants

v.

INTELLECTUAL VENTURES II LLC,

Appellee

______________________ 

2017-2242

______________________ 

Appeal from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in No. IPR2015-

01664.

______________________ 

JUDGMENT

______________________ 

J. ANDREW LOWES, Haynes & Boone, LLP, Richardson, 

TX, argued for appellants. Also represented by CLINT S.

WILKINS; DEBRA JANECE MCCOMAS, Dallas, TX.

 SHARON HWANG, McAndrews, Held & Malloy, Ltd., 

Chicago, IL, argued for appellee. Also represented by 

RAJENDRA A. CHIPLUNKAR, PETER J. MCANDREWS,

STEPHANIE SAMZ. 

______________________ 
 

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: 

 PER CURIAM (DYK, O’MALLEY, and STOLL, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

 May 4, 2018 /s/ Peter R. Marksteiner 

 Date Peter R. Marksteiner

 Clerk of Court
Exhibit 32.2
 Certification of Chief Financial Officer
Pursuant to 18 U.S.C. Section 1350, as
Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  (i)
    
    the accompanying Quarterly Report on Form 10-Q/A of the Company for the quarter ended
September 30, 2009 (the Report) fully complies with the requirements of Section 13(a) or
Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and(ii)
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Dated: March 1, 2010
    By:
    /s/ James A. CalderJames A. CalderChief Financial Officer
(Principal Financial and Accounting Officer)
**EXHIBIT 32.2**

 

**CERTIFICATION PURSUANT TO SECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002**

 

Thecertification set forth below is being submitted in connection with theQuarterly Report on Form 10-Q of Mueller Water Products, Inc. (the“Report”) for the purpose of complying with Rule 13a-14(b) orRule 15d-14(b) of the Securities Exchange Act of 1934 (the “ExchangeAct”) and Section 1350 of Chapter 63 of Title 18 of the United StatesCode.

 

I, Thomas E.Fish, the Interim Chief Financial Officer of Mueller Water Products, Inc.,certify that, to the best of my knowledge:

 

1.                                       the Report fully complies with the requirements ofSection 13(a) or 15(d) of the Exchange Act; and

 

2.                                       the information contained in the Report fairly presents, inall material respects, the financial condition and results of operations ofMueller Water Products, Inc.

 

 
| Date:  August 12, 2005 | By:    | /s/ THOMAS  E. FISH              |   |
|-----------------------------|--------|----------------------------------|--------|
|                        |   | Thomas E.  Fish                  |
|                        |   | Interim  Chief Financial Officer |
|                        |   |                             |
| *                           |   |                             |

 

----
#### The People of the State of Colorado, Petitioner-Appellant, In the Interest of K. A. J., A Child, And Concerning, M. J. and M. A. J., Respondents-Appellees.

No. 81CA0028.

Colorado Court of Appeals, Div. II.

Aug. 6, 1981.

Rehearing Denied Aug. 27, 1981.

Patrick R. Mahan, Jefferson County Atty., Gay B. Ummel, Asst. County Atty., Golden, for petitioner-appellant.

Fasing & Fasing, P. C., Timothy L. Fas-ing, Lakewood, for respondent-appellee M. J.

John L. Livingston, Lakewood, for respondent-appellee M. A. J.

PIERCE, Judge.

The People appeal from the granting of a summary judgment in this dependent and neglected child proceeding. The basis of the trial court’s order was that no genuine issue of fact remained to be determined. We reverse.

The issue presented to the court by the initial petition was whether the child had been subjected to an incestuous relationship with her father. Depositions submitted with the motion for summary judgment indicate that the child had made sev*922eral detailed statements to other witnesses regarding the incestuous relationship and had provided considerable detail as to the manner and time of the incidents which allegedly took place over most of the child’s lifetime. These statements were confirmed in an initial deposition taken from the child but were recanted in later depositions. The trial court rejected the statements on the ground that they were hearsay. We do not agree. *Colorado Rules of Evidence*801(d)(1)(A) states:

> “A statement is not hearsay if . . . (1) Prior statement by witness. The declar-ant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with his testimony .. . . ”

The record before us indicates that the child would be available as a witness at the trial of the matter and would be subject to cross-examination. If her testimony would continue to be a denial of the incest, her prior statements would be admissible to create a fact dispute to be resolved by the trier of fact. *Moses v. Moses,*180 Colo. 397, 505 P.2d 1302 (1973). Therefore, summary judgment was not proper. *See Ginter*v. *Palmer & Co.,*196 Colo. 203, 585 P.2d 583 (1978); *Roderick v. City of Colorado Springs,*193 Colo. 104, 563 P.2d 3 (1977).

The depositions presented here did contain evidentiary material which, if the affiant were in court and testifying on the witness stand, would be admissible. Therefore, the requirements of C.R.C.P. 56 were met.

Because the depositions regarding the statements of the child created a factual dispute, we need not discuss the admissibility of evidence presented in other affidavits by other prospective witnesses, as the admissibility of their testimony may be ruled on at trial by the application of *Colorado Rules of Evidence*702, 801 and 803.

The summary judgment of the trial court is reversed and the cause is remanded to the district court to proceed with trial.

STERNBERG and TURSI, JJ., concur.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

Mr. J. Michael Brown 

Ohio Valley Electric Corporation 

Indiana-Kentucky Electric Corporation 

3932 U.S. Route 23 

Piketon, Ohio 45661 

Dear Mr. Brown: 

JUl 3 1 2013 

OFFICE OF WATER 

The U.S. Environmental Protection Agency has received your request for plant-specific 

information, including estimated compliance costs and pollutant removals, related to the 

proposed revisions to the Effluent Limitations Guidelines and Standards for the Steam Electric 

Power Generating Point Source Category (Docket 10 No. EPA-HQ-OW -2009-0819). In 

response to your request, please fmd enclosed a disc containing one file and six attachments for 

each plant for which costs/removals are being provided. The file and attachments present the 

input values and the costs and pollutant removals for the requested plants, as well as additional 

information regarding EPA's estimation of these values. The EPA is providing costs and 

pollutant removals for the following plants: 

• Kyger Creek Station (00771); and 

• Clifty Creek Station (05318). 

The information provided in the enclosed disc may contain information that was claimed by your 

company's plants as confidential business information (CBI) in response to the Questionnaire for 

the Steam Electric Power Generating Effluent Guidelines. The EPA is not responsible for the 

release of this CBI if you or others in your company provide these attachments to other parties. If 

you have any questions regarding these estimates, please contact me at (202) 566-1755 or 

alicea.jezebele@epa. gov. 

Thank you for your interest in the steam electric effluent guidelines rulemaking process. 

Jezebele Alicea Virella 

Engineering and Analysis Division (4303T) 

Enclosures 

Internet Address (URL) • http://www.epa.gov 

Recycled/Recyclable · Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper
IV

107TH CONGRESS

1ST SESSION H. CON. RES. 223

Permitting the use of the rotunda of the Capitol for a prayer vigil in memory

of those who lost their lives in the events of September 11, 2001.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 12 (legislative day, SEPTEMBER 11), 2001

Mr. NEY (for himself and Mr. HOYER) submitted the following concurrent

resolution; which was referred to the Committee on House Administration

SEPTEMBER 12 (legislative day, SEPTEMBER 11), 2001

Committee on House Administration discharged; which was considered and

agreed to

CONCURRENT RESOLUTION

Permitting the use of the rotunda of the Capitol for a prayer

vigil in memory of those who lost their lives in the

events of September 11, 2001.

1 Resolved by the House of Representatives (the Senate

2 concurring), That the rotunda of the Capitol is authorized

3 to be used at any time on September 12, 2001, for a pray4 er vigil in memory of those who lost their lives in the

5 events of September 11, 2001. Physical preparations for

6 the vigil shall be carried out in accordance with such con7 ditions as the Architect of the Capitol may prescribe.

Æ
[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Page 20848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8408]


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

INTERNATIONAL TRADE COMMISSION

[USITC SE-12-009]


Government in the Sunshine Act Meeting Notice

Agency Holding the Meeting: International Trade Commission.

Time and Date: April 12, 2012 at 9:30 a.m.

Place: Room 101, 500 E Street SW., Washington, DC 20436, Telephone: 
(202) 205-2000.

Status: Open to the public.

Matters to be Considered: 
1. Agendas for future meetings: none.
2. Minutes.
3. Ratification List.
4. Vote in Inv. No. 731-TA-683 (Third Review) (Fresh Garlic from 
China). The Commission is currently scheduled to transmit its 
determination and Commissioners' opinions to the Secretary of Commerce 
on or before April 27, 2012.
5. Outstanding action jackets: none.

    In accordance with Commission policy, subject matter listed above, 
not disposed of at the scheduled meeting, may be carried over to the 
agenda of the following meeting.

    Issued: April 3, 2012.

    By Order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-8408 Filed 4-4-12; 11:15 am]
BILLING CODE P
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-10439 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CAROLYN MARIE WILLIAMS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:94-CR-225-1-X

- - - - - - - - - - October 22, 1998 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges. PER CURIAM: * Carolyn Marie Williams appeals her conviction by guilty plea of interfering with commerce by robbery, aiding and abetting, and using a firearm during a crime of violence. Williams contends that the Hobbs Act, 18 U.S.C. § 1951, is unconstitutional as applied to her case because the $128 taken from Subway and the $220 taken from Little Caesar’s did not substantially affect interstate commerce. Williams argues against the “aggregation” and “depletion-of-assets” theories of effects on interstate commerce and contends that our prior caselaw holding against her position was wrongly decided and should be overruled. WilliamsNo. 98-10439 -2- seeks to distinguish the facts of her case from previously decided cases essentially because far less money was taken in her case than was taken in the other cases. Williams contends that the constitutional violation in her case rendered district court without jurisdiction over the Hobbs Act violations; rendered her indictment under the Hobbs Act insufficient; and required the reversal of her firearms convictions because she could not be prosecuted for the underlying Hobbs Act violations in federal court. Williams did not raise the contentions she urges on appeal in the district court. Accordingly, our review is for plain

error. United States v. Calverley , 37 F.3d 160, 162-64 (5th Cir. 1994)(en banc)). The Hobbs Act does not facially violate the Commerce Clause. United States v. Robinson , 119 F.3d 1205, 1213 (5th Cir. 1997), cert. denied , 118 S. Ct. 1104 (1998). A particular robbery need not have a substantial effect on interstate commerce to violate the Hobbs Act. Id . at 1215. One panel of this court may not overrule another panel. United States v. Taylor , 933 F.2d 307, 313 (5th Cir. 1991). Williams’s contention that Robinson and this court’s other cases rejecting her position should be overruled therefore is unavailing. Williams’s appeal is without arguable merit and is frivolous. Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Williams’s appeal therefore is dismissed as frivolous. APPEAL DISMISSED. 5 TH C IR . R. 42.2.
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, David M. Sankaran, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that the Quarterly Report on Form 10-Q of NightHawk Radiology Holdings, Inc. for the quarter ended June 30, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that
information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of NightHawk Radiology Holdings, Inc.



|                       |  |  |  |        |  |                                                                                                  
|---------------------- |  |  |  | ------ |  | -------------------------------------------------------------------------------------------------
|Dated: August 05, 2010 |  |  |  | By:    |  | /s/    DAVID M.
SANKARAN                                                                         
|                       |  |  |  | Name:  |  | David M. Sankaran                                                                                
|                       |  |  |  | Title: |  | Executive Vice President and Chief Financial Officer
(Principal Financial and Accounting Officer)
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





Pursuant to 18 U.S.C. Section 1350, the undersigned, Donghao Yang, Chief Financial Officer of Synutra International, Inc. (the “Registrant”), hereby certifies, to his knowledge, that the Registrant’s quarterly report on Form 10-Q for the fiscal quarter ended June 30, 2011 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.





Date: August 9, 2011
/s/ Donghao YangName: Donghao YangTitle: Chief Financial Officer





A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.





The foregoing certification is being furnished with the Registrant’s Report pursuant to 18 U.S.C. Section 1350. It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and it is not to be incorporated by reference into any filing of the Registrant, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 448 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
H. CON. RES. 448

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas on September 11, 2001, thousands of innocent people were killed and 
        injured in combined terrorist attacks involving four hijacked airliners, 
        the World Trade Center, and the Pentagon;
Whereas in the aftermath of the attacks, thousands more were left grieving for 
        beloved family and friends, livelihoods were compromised, and businesses 
        and property were damaged and lost;
Whereas the greatest loss of life, personal injury, and physical destruction 
        occurred in and was sustained by the City of New York;
Whereas Government and the American people responded decisively, through the 
        bravery, sacrifice and toil of the fire and rescue workers, law 
        enforcement, building trades, caregivers, Armed Forces, and millions 
        more who through their many expressions of care and compassion brought 
        forth comfort, hope, and the promise of recovery;
Whereas the City of New York attended to the aftermath of the destruction of the 
        World Trade Center with profound respect for the victims and compassion 
        to the survivors; and
Whereas the City of New York has invited the Congress to meet at the site of the 
        original Federal Hall, where the First Congress of the United States 
        convened on March 4, 1789: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That, in remembrance of the victims and the heroes of September 11, 
2001, and in recognition of the courage and spirit of the City of New 
York, the Congress shall conduct a special meeting in Federal Hall in 
New York, New York, on September 6, 2002.

            Passed the House of Representatives July 25, 2002.

            Attest:

                                                                 Clerk.
107th CONGRESS

  2d Session

                            H. CON. RES. 448

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Providing for a special meeting of the Congress in New York, New York, 
  on Friday, September 6, 2002, in remembrance of the victims and the 
heroes of September 11, 2001, in recognition of the courage and spirit 
            of the City of New York, and for other purposes.
```