alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pu rsuant to 5 T H C IR

. R. 47.5, the court has determined that this

opinion sh o uld not be published and is not precedent except under the limited

circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED

April 25, 2005

Charles R. Fulbruge III

Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-20302

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOHN DAVID WILEY, III

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:04-CR-442-10

Before JONES, BARKSDALE, and PRADO, Circuit Judges.

PER CURIAM: *

Wiley, a pharmacist, is on trial in the Southern District

of Texas, charged with offenses relating to the unlawful distribution of controlled substances through a pharmacy named I-10 East

Pharmaceutical Services, Inc. On motion of the Government, Wiley’s

release on bond pending trial was revoked after the court heard

evidence that Wiley continues to engage in the conduct for which he

has been indicted.

On appeal, absent an error of law, this court must affirm

the district court’s order revoking bond an d detaining Wiley2

pending trial if the order “is supported by the proceedings below.”

The statute states that, “If there is probable cause to believe

t hat, while on release, the person committed a Federa l . . .

felony, a rebuttable presumption arises that no condition or

combination of conditions will assure that the person will not pose

a danger to the safety of any other person in the community.” 18

U.S.C. § 3148(B).

Wiley offered no evidence challenging the testimony of

Inspector Callahan that Wiley has continued to dispense dosages of

hydrocodone in amount s far in excess of usual medical practice,

under conditions that suggested dispensation for non-medical

reasons. Wiley’s appeal does not challenge the evidence, but

instea d simply disagrees with the legal characterization of his

conduct, i.e. , with the characterization of the conduct for which

he is also now on trial. We express no opinion on the ultimate

legal issues. The district court’s order, in any event, is fully

supported by the record.

AFFIRMED

.
**EXHIBIT
        32.1**
 
 **Section 1350
        Certification**
 **Pursuant
        to Section 906 of the Sarbanes-Oxley Act of 2002**
 **(Subsections
        (a) and (b) of Section 1350, Chapter 63 of Title 18, United
        States Code)**
 
 Pursuant
        to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
        (b) of section 1350, chapter 63 of title 18, United States Code), each of
        the undersigned officers of Symmetry Medical Inc., a Delaware corporation
        (the
“Corporation”), does hereby certify that:
 
 The
        Quarterly Report on Form 10-Q for the quarter and nine months ended October
        4, 2008 (the “Form 10-Q”) of the Corporation fully complies with the
        requirements of section 13(a) or 15(d) of the Securities Exchange Act
        of 1934 and information contained in the Form 10-Q fairly presents, in all
        material respects, the financial condition and results of operations of the
        Corporation.
 
 November
        12, 2008
 /s/
                    Brian S. MooreBrian
                  S. MooreChief
                  Executive Officer/s/
                  Fred L. HiteFred
                  L. HiteChief
                  Financial Officer
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 499 Introduced in House (IH)]

107th CONGRESS
  2d Session
H. CON. RES. 499

                     Honoring George Rogers Clark.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 3, 2002

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

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
                     Honoring George Rogers Clark.

Whereas George Rogers Clark was a colonial frontiersman who succeeded in 
        protecting western colonists through diplomacy and advocacy with the 
        colonial government of Virginia;
Whereas George Rogers Clark doubled the size of colonial America through western 
        exploration and by founding towns in Kentucky;
Whereas George Rogers Clark was an expert negotiator with American Indian 
        tribes, securing trade and security for western colonists;
Whereas George Rogers Clark ensured American control of the Northwest Territory 
        by leading a small band of soldiers during the Revolutionary War and 
        successfully capturing British outposts along the Mississippi and Wabash 
        Rivers;
Whereas George Rogers Clark boldly and courageously led fewer than 200 soldiers 
        to recapture the British Fort Sackville at Vincennes, Indiana, in the 
        winter of 1778-1779;
Whereas the soldiers marched across Illinois through flooded and frozen 
        territory and reached Vincennes on the evening of February 23, 1779;
Whereas upon surrounding Fort Sackville, George Rogers Clark was able to give 
        the impression of having a much larger army convincing the British that 
        they were no match for Clark's forces;
Whereas on the morning of February 25, 1779, the British Lieutenant Governor 
        Henry Hamilton surrendered Fort Sackville to George Rogers Clark and his 
        soldiers;
Whereas this victory foiled British attempts to drive the Americans out of the 
        region west of the Appalachians and pulled vital resources from the 
        eastern theater during the American Revolution;
Whereas George Rogers Clark showed great leadership by commanding an expedition 
        northward in 1782 to control unrest caused by British forces in the 
        region;
Whereas George Rogers Clark continued to offer leadership after the 
        Revolutionary War by serving as an advisor to his community; and
Whereas the 250th anniversary of George Rogers Clark's birth is November 19, 
        2002: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress honors George Rogers Clark, whose patriotism and bravery 
helped to secure American independence and liberty.
                                 <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 the Report fairly presents, in all material                respects, the financial condition and results of operations of the                Partnership. |
|-----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    |   | /s/                  Freddie M. Kotek                                    |
|--------|--------|--------------------------------------------------------------------------|
| Name:  |   | Freddie                  M. Kotek                                        |
| Title: |   | Chief                  Executive Officer of the Managing General Partner |
| Date:  |   | May                  15, 2006                                            |
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T S AR AB J I T S I NG H, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 11- 72622 A ge nc yN o. A 096- 165- 814 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

a n O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d F e bruary26, 2013 ** B efo re: H U G , F A R R IS , an dL E A V Y , C i rcu i tJu d g es. S a r abj i tS i ngh, ana t i ve a nd c i t i z e n of I ndi a , pe t i t i ons f

orr e vi e w of

the B oard of Im m i grat i on A pp ea l s’ (“ B IA ”) order denyi ng hi s m ot i on t o reopen p ro ceed i n g s. W e h av e j u ri sd i ct i o n u n d er 8 U . S . C . § 1 2 5 2 . W e rev i ew fo r an ab u se 

# FI LED MA R 25 2013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS11- 72622 2 o f d is c r e tio n th e B I A ’s d e n ia l o f th e m o tio n to r e o p e n , se e T ou f i gh iv. Mukasey , 5 3 8 F .3 d9 8 8 , 9 9 2 ( 9 th C ir . 2 0 0 8 ) , an dw e d e n yth e p e titio n f o rr e v ie w . T he B IA di d n otabuse i t s di sc re t i on i n d enyi ng S i ng h’ s m ot i on t o re op en as u n tim e lyb e c au s e S in g h f ile dth e m o tio n m o r e th an 9 0 d ay s a f te rth e B I A is s u e dits f in a l o r d e r , se e 8 C . F . R . § 1 00 3. 2(c) (2), and S i ng h fai l ed t o p re se ntthe m at er i al e vi de nc e of

c hange d c i r c um s t anc e s i n I ndi atha tw a s r e qui r e d t o qua l i f yf orthe r e g u la to rye x c e p tio n to th e tim e lim it f o rf ilin g m o tio n s to r e o p e n . See 8 C .F .R . § 1 0 0 3 .2 ( c ) ( 3 ) ( ii) ; see a l

so N a jm a b a d iv. H

o lder, 59 7 F . 3d 98 3, 98 7-90 (9th C i r. 2 0 1 0 ) (h o l d i n g th atp et i t i o n er d i dn o tq u al i fy fo r ex cep t i o n t o t i m e l i m i tb ecau se she f ai l ed t o sub m i tnew evi dence thatw as qu al i t at i vel y di ff er entfr om evi dence p r e s e n te da t o r ig in a l h e ar in g a n dh a din d iv idu a liz e dr e le v an c y ) ; T o u figh i, 538 F . 3d at99 4-97 (hol di ng thatprevi ou s a dv er se cr edi bi l i ty det erm i nat i on re nd er ed i m m at er i alany e vi dence of changed ci rc um st ance s i n Iran). PETI TI O N FO R R EVI EW D EN I ED .
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 416 Referred in Senate (RFS)]

  2d Session
H. CON. RES. 416

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2002

        Received and referred to the Committee on Armed Services

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Congratulating the Navy League of the United States on the occasion of 
             the centennial of the organization's founding.

Whereas the Navy League of the United States was founded in 1902 with the 
        encouragement of President Theodore Roosevelt to serve and support the 
        United States sea services, namely the Navy, Marine Corps, Coast Guard, 
        and Merchant Marine;
Whereas the Navy League has more than 77,000 active members;
Whereas the Navy League is unique among military-oriented associations in that 
        it is a civilian organization dedicated to the education of American 
        citizens and the support of the members of the sea services and their 
        families;
Whereas the Navy League supports active duty members of the sea services through 
        the adoption of naval vessels, installations, and units and the hosting 
        of commissioning ceremonies, award programs, and other recognition 
        programs;
Whereas the Navy League supports America's young people through its youth 
        programs, including sponsorship of the Naval Sea Cadet Corps and the 
        Navy League Scholarship Program, and through its promotion of youth-
        oriented activities in local communities, such as the Reserve Officers' 
        Training Corps and other recognized youth programs;
Whereas the Navy League is widely respected by citizens, community and industry 
        leaders, and public officials; and
Whereas Navy League programs are welcomed in communities throughout the United 
        States, and members of the Navy League are recognized for their 
        integrity and patriotism: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress, on the occasion of the centennial of the founding of 
the Navy League of the United States in 1902, congratulates the Navy 
League and its members for their role as the foremost civilian 
organization dedicated to supporting the United States sea services.

            Passed the House of Representatives June 24, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
EXHIBIT
32


SECTION
1350 CERTIFICATIONS





In
connection with the Quarterly Report of Naugatuck Valley Financial Corporation
(the “Company”) on Form 10-Q for the period ended March 31, 2008, as filed with
the Securities and Exchange Commission (the "Report"), I, John C. Roman,
President and Chief Executive Officer of the Company, and I, Lee R. Schlesinger,
Senior Vice President and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as added by 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 result of operations of the Company as of the date
and for the period covered by the Report.








/s/
      John C. RomanJohn
      C. RomanPresident
      and Chief Executive Officer(principal
      executive officer)/s/
      Lee R. SchlesingerLee
      R. SchlesingerSenior
      Vice President and Chief Financial Officer(principal
      financial officer)








Date: May
8, 2008
EXHIBIT 32.1





CERTIFICATION OF CHIEF EXECUTIVE OFFICER


PURSUANT TO 18 U.S.C. 1350, AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








In connection with the Quarterly Report of BLACKWATER MIDSTREAM CORP. (the "Company") on Form 10-Q for the quarter ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael D. Suder, Chief Executive 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







By: /s/ Michael D. Suder

Michael D. Suder, Chief Executive Officer
# Materials Not Included in **Airworthiness Directive (AD) Docket**

Docket Number: FAA- 2011 - 1066 Directorate Identifier: 2011NM050AD

A300 -57 - 0254 --- 6/4/10 A300 -57 - 6110 --- 6/7/10

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the Supplemental AD Docket 

### MA **Y BE VIEWED AT:** Federal Aviation Administration

Transport Airplane Directorate Rules Docket 1601 Lind Ave. SW., Renton, WA 98057 425.227.1221 **DURING THE HOURS OF:** 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Form Date: 03/05/2008
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-2281

FRANKLIN D. MARTIN,

Petitioner,

versus

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR;

CONTRANS M&R SERVICES,

Respondents.

On Petition for Review of an Order of the Benefits Review Board.

(98-1503)

Submitted: April 28, 2000 Decided: May 19, 2000

Before WIDENER, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Reuben E. Lawson, Baltimore, Maryland, for Petitioner. F. Nash

Bilisoly, IV, Kelly Outten Stokes, VANDEVENTER BLACK, L.L.P.,

Norfolk, Virginia, for Respondents.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* Martin’s claim that the ALJ and the Board failed to resolve

doubts in Martin’s favor under the so-called “true doubt rule” is

meritless. See Director v. Greenwich Collieries, 512 U.S. 267

(1994).

2

PER CURIAM:

Franklin D. Martin seeks review of the Benefits Review Board’s

(Board) decision and order affirming the Administrative Law Judge’s

(ALJ) denial of benefits under the Longshore and Harbor Workers

Compensation Act, 33 U.S.C. § 901 (1994). Our review of the record

discloses that the Board’s decision was based upon substantial evidence and is without reversible error.* In addition, we find Martin

failed to show prejudice as a result of the ALJ’s and the Board’s

alleged failure to consider the report of Dr. John D. MacGibbon.

Therefore, any error in this regard was harmless. Accordingly, we

affirm substantially on the reasoning of the Board. See Martin v.

Director, No. 98-1503 (B.R.B. July 28, 1999). 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
IV 

107TH CONGRESS 

2D SESSION H. CON. RES. 497

Supporting the goals and ideas of National Take Your Kids to Vote Day. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 2, 2002

Mr. SCHAFFER submitted the following concurrent resolution; which was 

referred to the Committee on Government Reform 

CONCURRENT RESOLUTION 

Supporting the goals and ideas of National Take Your Kids 

to Vote Day.

Whereas voting is a civic duty and critical to democracy; 

Whereas voting participation rates in the United States for 

all age groups have fallen dramatically since 1972; 

Whereas voting participation rates are lower among younger 

voters; 

Whereas only 42 percent of individuals between the ages of 

18 to 24 voted in the last Presidential election; 

Whereas large numbers of young people feel disconnected 

from government; 

Whereas many younger adults report that they do not know 

how to vote; 
2

•HCON 497 IH 

Whereas, according to a 2002 study by the Council for Excellence in Government, children who go to the polls with 

their parents are more likely to go to the polls and vote 

as adults; 

Whereas parents should talk to their children about the importance of voting; and 

Whereas a number of businesses and organizations have designated November 5, 2002, as National Take Your Kids 

to Vote Day in order to encourage people to vote: Now, 

therefore, be it

1 Resolved by the House of Representatives (the Senate 

2 concurring), That the Congress—

3 (1) supports the goals and ideas of National 

4 Take Your Kids to Vote Day; 

5 (2) encourages all parents with children who 

6 are younger than 18 years of age to talk to their 

7 children about the importance of voting and, if pos8 sible, take their children to the polls; and 

9 (3) requests that the President issue a procla10 mation calling on the people of the United States to 

11 conduct appropriate ceremonies, activities, and pro12 grams to promote voting as a family tradition.

Æ
**Exhibit 31.2****CERTIFICATION**I, Amerisa Kornblum, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Odimo Incorporated;  2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period coveredby this report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;  4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have: a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within thoseentities, particularly during the period in which thisreport is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report ourconclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the periodcovered by this report based on such evaluation; and  c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurredduring the registrant’s most recent fiscal quarter (theregistrant’s fourth quarter in the case of an annualreport) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internalcontrol over financial reporting; and 5. The registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies andmaterial weaknesses in the design oroperation of internal control overfinancial reporting which arereasonably likely to adversely affectthe registrant’s ability to record,process, summarize and reportfinancial information; and  b) Any fraud, whether or not material,that involves management or otheremployees who have a significant rolein the registrant’s internal controlover financial reporting.    Date: November 11, 2005 /s/ Amerisa Kornblum     Amerisa Kornblum  Chief Financial Officer