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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. United States Court of Appeals Fifth Circuit 

## FILED April 21, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-41268 Conference Calendar

NHA KHIEM TRAN, also known as Tony Tran, also known as Larry Tran, Petitioner-Appellant,

versus SUZANNE HASTINGS, Warden, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas

USDC No. 5:02-CV-40

-------------------- Before JOLLY, JONES, and SMITH, Circuit Judges.

PER CURIAM: * Nha Khiem Tran, federal prisoner # 48793-079, appeals the district court’s denial of his 28 U.S.C. § 2241 habeas petition challenging his conviction and sentence for conspiracy to possess with intent to distribute methylenedioxy amphetamine (MDA), for which he received a sentence of 240 months’ imprisonment. Relying on United States v. Doggett , 230 F.3d 160 (5th Cir. 2000), Tran argues that his indictment contained a jurisdictionalNo. 03-41268 -2- defect because it did not charge the element of the drug quantity involved in the offense. He argues that because he has no remedy under 28 U.S.C. § 2255, he is entitled to seek relief under 28 U.S.C. § 2241 pursuant to the savings clause of 28 U.S.C. § 2255. Title 28 U.S.C. § 2241 may be utilized by a federal prisoner to challenge the legality of his conviction or sentence if he can satisfy the mandate of the savings clause of 28 U.S.C. § 2255.

[T]he savings clause of § 2255 applies to a claim (i) that is based on a retroactively applicable Supreme Court decision which establishes that the petitioner may have been convicted of a nonexistent offense and (ii) that was foreclosed by circuit law at the time when the claim should have been raised in the petitioner’s trial, appeal, or first § 2255 motion. Reyes-Requena v. United States , 243 F.3d 893, 904 (5th Cir. 2001). Although on appeal Tran relies on Doggett to support his position, in the district court, he relied on the Supreme Court’s intervening decision in Apprendi v. New Jersey , 530 U.S. 466 (2000), which was the basis for the Doggett decision. Apprendi does not apply retroactively to cases on collateral review, and an Apprendi claim does not satisfy the requirements for filing a 28 U.S.C. § 2241 petition under the savings clause.

See Wesson v. U.S. Penitentiary, Beaumont, TX , 305 F.3d 343, 347- 48 (5th Cir. 2002), cert. denied , 537 U.S. 1241 (2003). Therefore, Tran’s claims do not fall within the “savings clause”No. 03-41268 -3- of 28 U.S.C. § 2255. The district court’s judgment dismissing the petition is AFFIRMED.
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  of  Kearny  Financial  Corp.  (the
"Company") on Form 10-Q for the period ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John N.
Hopkins, President and 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 the  Report  fairly  presents,  in all
          material respects, the financial condition and result of operations of
          the Company.






Date: February 14, 2006
                                           /s/ John N. Hopkins
                                           -------------------------------------
                                           John N. Hopkins
                                           President and Chief Executive Officer

<PAGE>

                            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  of  Kearny  Financial  Corp.  (the
"Company") on Form 10-Q for the period ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Albert
E. Gossweiler, 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 result of operations of
          the Company.






Date: February 14, 2006
                                                 /s/ Albert E. Gossweiler
                                                 -------------------------------
                                                 Albert E. Gossweiler
                                                 Senior Vice President and Chief
                                                 Financial Officer
#### In the Matter of the Proposed Ballot Title of STATE QUESTION NUMBER 541, Initiative Petition Number 310.

No. 54146.

Supreme Court of Oklahoma.

Oct. 9, 1979.

Rehearing Denied Oct. 29, 1979.

C. H. Spearman, Jr., Edmond, for petitioner.

Mark E. Hammons, Oklahoma City, for respondent.

Jan Eric Cartwright, Atty. Gen. by Stephen F. Shanbour, Asst. Atty. Gen., for State of Oklahoma.

MEMORANDUM OPINION BY ORDER

PER CURIAM:

Pursuant to 34 O.S.Supp.1975 § 9 which provides for procedures concerning ballot titles for proposed initiative and referendum petitions and 34 O.S.Supp.1975 § 10 concerning appeals from ballot titles drafted and submitted by Attorney General of State of Oklahoma; we are of the opinion that the ballot title as prepared, drafted and substituted by the Attorney General of the State of Oklahoma is accepted and approved by this Court.

We are further of the opinion that the ninety (90) day period within which time electors must sign petition in support of initiative or referendum petitions shall begin to run when ballot title approved and accepted by this Court, as described aforesaid, is filed with the Secretary of State, 34 O.S.Supp.1973 § 8 and 34 O.S.1971 § 2 et seq.

IT IS SO ORDERED.

WILLIAMS, HODGES, BARNES, SIMMS, DOOLIN and HARGRAVE, JJ., concur.

LAVENDER, C. J., IRWIN, V. C. J., and OPALA, J., dissent.
III 

115TH CONGRESS 

2D SESSION S. RES. 723 

Congratulating the American College of Emergency Physicians on its 50th 

anniversary. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 11, 2018 

Mr. REED (for himself and Mr. CASSIDY) submitted the following resolution; 

which was considered and agreed to 

RESOLUTION 

Congratulating the American College of Emergency 

Physicians on its 50th anniversary. 

Whereas the American College of Emergency Physicians is 

the oldest and largest national medical specialty organization representing physicians who practice emergency 

medicine; 

Whereas the American College of Emergency Physicians was 

founded in 1968 in Lansing, Michigan by 8 physicians 

and has grown to represent more than 37,000 members 

belonging to 53 chapters, including 1 chapter in each 

State, the Commonwealth of Puerto Rico, and the District of Columbia and the Government Services Chapter 

that represents emergency physicians employed by 

branches of the military and other Government agencies; 


pbinns on DSK79D2C42PROD with BILLS
2 

•SRES 723 ATS 

Whereas emergency physicians treat more than 141,000,000 

patients each year; 

Whereas ‘‘Anyone, Anything, Anytime’’ is the approach of 

emergency physicians who provide diagnosis and treatment services in the health care system 24 hours a day, 

7 days a week, 365 days a year; 

Whereas emergency physicians are critical to the ability of 

the United States to respond to disasters and mass casualty events; 

Whereas quick thinking and smart decisions by emergency 

physicians can save many lives every year; 

Whereas emergency physicians are leaders in defining, evaluating, and improving quality emergency care, focusing on 

individual patients while advocating for the wellness of 

society as a whole; 

Whereas emergency medicine was recognized in 1979 by the 

American Board of Medical Specialties as the 23rd medical specialty in the United States; 

Whereas the American College of Emergency Physicians is a 

leading continuing education source for emergency physicians and a primary information resource on developments in the specialty of emergency medicine; and 

Whereas the development of physicians specializing in emergency care has contributed greatly to the health and wellbeing of all the people of the United States: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) congratulates the American College of 

3 Emergency Physicians on its 50th anniversary; 


pbinns on DSK79D2C42PROD with BILLS
3 

•SRES 723 ATS 

1 (2) recognizes the accomplishments and con2 tributions emergency physicians have made to ad3 vance the health care system in the United States; 

4 and 

5 (3) reaffirms the value of emergency medicine 

6 and the vital role that emergency physicians serve in 

7 ensuring the health and well-being of their patients. 

Æ 


pbinns on DSK79D2C42PROD with BILLS
**EXHIBIT32.1**

 

**CERTIFICATIONOF THE PRINCIPAL EXECUTIVE OFFICER**

**PURSUANTTO 18 U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO SECTION 906 OF**

**THESARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report ofRiskMetrics Group, Inc. (the “Registrant”) on Form 10-Q for theperiod ended June 30, 2008, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), the undersigned certifiespursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

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

 

2.                                      Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Registrant.

 
| Date: August 8, 2008       |   |
|---------------------------------|--------|
|                            |   |
| /s/ M. Ethan Berman             |   |
| M. Ethan Berman                 |   |
| *(Principal Executive Officer)* |   |

 

----
Exhibit
32.2





CERTIFICATION OF CHIEF
FINANCIAL OFFICER


PURSUANT TO 18 U.S.C.
SECTION 1350




In
connection with the Quarterly Report on Form 10-Q of Blackhawk Capital Group
BDC, Inc. (the "Company") for the quarter ended June 30, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Craig A.
Zabala, as acting Chief Financial Officer of the Company, hereto certifies,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:




1.           The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities 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:       August
13, 2010




/s/ Craig A. ZabalaCraig
      A. ZabalaActing
      Chief Financial Officer(Principal
      Financial Officer)





A signed original of this written
statement required by Section 906, or other document authenticating,
acknowledging, or otherwise adopting the signature that appears in typed form
within the electronic version of this written statement required by Section 906,
has been provided to Blackhawk Capital Group BDC Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
# C_2004106EN.01008602.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 106/86 |
| --- | --- | --- | --- |

30.4.2004

EN

Official Journal of the European Union

C 106/86

---

Action brought on 16 March 2004 by Paulo Sequeira Wandschneider against Commission of the European Communities

(Case T-110/04)

(2004/C 106/170)

Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 16 March 2004 by Paulo Sequeira Wandschneider, residing in Brussels, represented by Georges Vandersanden and Aurore Finchelstein, lawyers.

The applicant claims that the Court should:

| — | annul the report on the development of career in respect of the reference period running from 1 July 2001 to 31 December 2002; |
| --- | --- |

—

annul the report on the development of career in respect of the reference period running from 1 July 2001 to 31 December 2002;

| — | in so far as necessary, annul the decision rejecting the applicant's complaint of 11 July 2003; |
| --- | --- |

—

in so far as necessary, annul the decision rejecting the applicant's complaint of 11 July 2003;

| — | order the defendant to pay damages and compensation for the material and non-material damage suffered by the applicant ex aequo et bono of up to EUR 2 500; |
| --- | --- |

—

order the defendant to pay damages and compensation for the material and non-material damage suffered by the applicant ex aequo et bono of up to EUR 2 500;

ex aequo et bono

| — | order the defendant to pay the costs. |
| --- | --- |

—

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant in the present case is challenging the validity of his progress report (rapport d'évolution de carrière (REC)) in respect of the reference period running form 1 July 2001 to 31 December 2002.

In support of his claims, the applicant alleges:

| — | infringement of Article 43 of the Staff Regulations, its general implementing provisions and the Guide to Assessment; |
| --- | --- |

—

infringement of Article 43 of the Staff Regulations, its general implementing provisions and the Guide to Assessment;

| — | breach of the duty to provide reasons and the existence, in the present case, of a manifest error of assessment and misuse of powers; |
| --- | --- |

—

breach of the duty to provide reasons and the existence, in the present case, of a manifest error of assessment and misuse of powers;

| — | failure to observe the duty to have regard for the welfare of officials and breach of the principle of sound administration; |
| --- | --- |

—

failure to observe the duty to have regard for the welfare of officials and breach of the principle of sound administration;

| — | breach of the rights of defence and failure to observe the time-limits laid down in the relevant provisions of the Staff Regulations. |
| --- | --- |

—

breach of the rights of defence and failure to observe the time-limits laid down in the relevant provisions of the Staff Regulations.

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### International Trade Commission

          - [USITC SE-12-012]

      ( print page 22344)    

# AGENCY HOLDING THE MEETING:

International Trade Commission.

# TIME AND DATE:

April 19, 2012 at 11 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-1185 (Final) (Certain Steel Nails from the United Arab Emirates). The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on or before May 2, 2012.

5. Vote in Inv. Nos. 731-TA-1186 and 1187 (Final) (Certain Stilbenic Optical Brightening Agents from China and Taiwan). The Commission is currently scheduled to transmit its determinations and Commissioners' opinions to the Secretary of Commerce on or before May 2, 2012.

6. 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.

By Order of the Commission.

Issued: April 10, 2012.

James R. Holbein,

Secretary to the Commission.

[FR Doc. 2012-9020 Filed 4-11-12; 11:15 am]

BILLING CODE P
Opinion issued April 6, 2015

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-15-00304-CV

———————————

IN RE AMERICAN FISHERIES, INC., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, American Fisheries, Inc., submitted a petition for writ of mandamus 

late on Saturday, April 4, 2015, which was not filed in this Court until April 6, 

2015, seeking to compel the respondent trial court to vacate its order, signed on 

March 24, 2015, granting the real parties in interest’s motion to strike third-party 

defendant Feng Shao’s deposition, and its April 2, 2015 order denying the relator’s
2

motion to reconsider the March 24th order.

1

 With their petition, relator also

submitted an emergency motion for temporary relief late on Saturday, April 4, 

2015, which was also not filed in this Court until April 6, 2015, seeking a stay of 

the jury trial set for April 6, 2015, pending resolution of their petition. The Court, 

having examined and considered the petition and appendix, is of the opinion that 

relator has not established itself entitled to the mandamus relief sought.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP.

P. 52.8(a), (d). We dismiss the emergency motion for temporary relief as moot.

PER CURIAM

Panel consists of Justices Keyes, Bland, and Massengale.

 

1

The underlying case is American Fisheries, Inc. v. Nat’l Honey, Inc. d/b/a 

Nat’l Commodities Co., Nat’l Honey, Inc. d/b/a NCC Group, Ltd., Jun Yang, 

individually and Lin Huang, individually, Cause No. 2013-29749, pending 

in the 157th District Court of Harris County, Texas, the Honorable Randy 

Wilson presiding.
**Exhibit
      32.2**





**CERTIFICATION
      OF CHIEF FINANCIAL OFFICER**


**PURSUANT
        TO 18 U.S.C. SECTION 1350**




In
      connection with the Quarterly Report on Form 10-Q of Blackhawk Capital Group
      BDC, Inc. (the "Company") for the quarter ended June 30, 2007 as filed with
      the
      Securities and Exchange Commission on the date hereof (the "Report"), Craig
      A.
      Zabala, as acting Chief Financial Officer of the Company, hereto certifies,
      pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:





1.  The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities 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:  August
      13, 2007





/s/
                Craig A. ZabalaCraig
                A. ZabalaActing
                Chief Financial Officer(Principal
                Financial Officer)





A
      signed
      original of this written statement required by Section 906, or other document
      authenticating, acknowledging, or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906, has been provided to Blackhawk Capital Group BDC Inc. and
      furnished to the Securities and Exchange Commission or its staff upon request.
AMS Boneless Beef Supplier Pathogen Performance: Non-O157 STECs - Fiscal Year: 20221/,2/,3/

E. coli O26 E. coli O45 E. coli O103 E. coli O111 E. coli O121 E. coli O145

# LotsTested

Supplier (% ofTotal) # Positive % Positive # Positive % Positive # Positive % Positive # Positive % Positive # Positive % Positive # Positive % Positive

S1 78 (2.8) 0 0 0 0 0 0 0 0 0 0 0 0

S4 1705 (61.2) 4 0.23 0 0 3 0.18 0 0 1 0.06 0 0

S6 17 (0.06) 0 0 0 0 0 0 0 0 0 0 0 0

S10 510 (18.3) 0 0 0 0 0 0 0 0 0 0 0 0

S11 3 (0.1) 0 0 0 0 0 0 0 0 0 0 0 0

S14 11 (0.4) 0 0 0 0 0 0 0 0 0 0 0 0

S21 178 (6.4) 0 0 0 0 0 0 0 0 0 0 0 0

S29 105 ( 3.8) 0 0 0 0 0 0 0 0 0 0 0 0

S43 27 (1.0) 0 0 0 0 0 0 0 0 0 0 0 0

S44 152 (5.5) 0 0 0 0 1 0.66 0 0 0 0 0 0

Total 2,786 (100.0) 4 0.14 0 0 4 0.14 0 0 1 0.04 0 0

1/A full description of the boneless beef purchase program specification is available at https://www.ams.usda.gov/selling-food/product-specs#Beef.

2/Production Dates: October 1, 2021 to September 30, 2022.

3/Non-O157:H7 STEC Critical Limit: Positive (+) Result / 325g.
**Exhibit 32**

 

CERTIFICATION PURSUANT TO 18U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 

The undersigned, the Chief Executive Officer and the Chief FinancialOfficer of CommunitySouth Financial Corporation (the “Company”), each certifythat, to his knowledge on the date of this certification:

 

1.               The quarterly report of theCompany for the period ended June 30, 2010 as filed with the Securitiesand Exchange Commission on this date (the “Report”) fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

2.               The information contained inthe Report fairly presents, in all material respects, the financial conditionand result of operations of the Company.

 

 
| Date:  | August 2, 2010 | By:                           | /s/ C. Allan Ducker, III |
|--------|----------------|-------------------------------|-------------------------------|
|   |           | C. Allan Ducker, III     |
|   |           | Chief Executive Officer       |
|   |           | (Principal Executive Officer) |
|   |           |                          |
| Date:  | August 2, 2010 | By:                           | /s/ John W. Hobbs             |
|   |           | John W. Hobbs                 |
|   |           | Chief Financial Officer       |
|   |           | (Principal Financial Officer) |

 

----