alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 7464** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.

ANTWOYNE L. WYATT , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. Henry E. Hudson , District Judge. ( 3:03

- cr
- 00173

- HEH

- 1 )

Submitted : January 23, 2014 Decided: January 27, 2014

Before WILKINSON and DIAZ , Circuit Judges , and HAMILTON, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.

Antwoyne L. Wyatt , Appellant Pro Se. Stephen Wiley Miller, Roderick Charles Young , Assistant U nited S tates Attorney s, Richmond, Virginia, for Appellee

.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Antwoyne L. Wyatt appeals the district court ’ s order denying his motion for reduction of sentence. We have reviewed
the record and find no reversible error. Accordingly, we affirm
for the reasons stated by the district court. United States v.

W yatt , No. 3:03

- cr
- 00173

- HEH

- 1 (E.D. Va. Aug. 29, 2013). 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
182 P.3d 1195

SUPREME COURT OF HAWAI'I

#### Moyle v. Y & Y Hyup Shin, Corp.

26582

04/04/2008

Granted

116 Hawai'i 388, 173 P.3d 535
#### Wong v. Wong

26726

10/26/2005

Affirmed in part, vacated in part & remanded
Formal Recommendation by the 

National Organic Standards Board (NOSB) 

to the National Organic Program (NOP)

 

Date: October 28, 2010 

Subject: Sunset Review of Fructooligosaccharides (CAS # 308066-66-2)

as listed on §205.606, Nonorganically produced agricultural 

products allowed as ingredients in or on processed products 

labeled as “organic.” 

Chair: Daniel G. Giacomini 

 

 

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action X 

 

 

Statement of the Recommendation (Including Recount of Vote): 

 

Fructooligosaccharides (CAS # 308066-66-2) is listed on 205.606. This 

substance was scheduled to sunset off the National List in 2012, was reviewed 

by the NOSB, and a motion was made for the re-listing of this substance at the 

October 2010 meeting. The motion passed by a vote of 14 yes, 0 no, 0 

abstentions, 0 absent, and 0 recusals. 

 

Rationale Supporting Recommendation (including consistency with 

OFPA and NOP): 

 

The Handling Committee’s recommendation covering this material is attached. 

There were no public written or verbal comments opposing the committee’s 

recommendation, and the material was recommended for relisting by the full 

NOSB as shown below. 

 

NOSB Vote: 

Moved: Steve DeMuri Second: Jennifer Hall 

Yes: 14 No: 0 Abstain: 0 Absent: 0 Recusal: 0 
National Organic Standards Board 

Handling Committee 

Sunset Recommendation – 2012 

Fructooligosaccharides (CAS # 308066-66-2) 

August 23, 2010 

List: 205.606 Nonorganically produced agricultural products allowed as 

ingredients in or on processed products labeled as “organic.” 

Committee Summary: 

Federal register notice of the sunset of this material elicited no public comments against 

re-listing. 

Review of the original recommendation, historical documents, and public comments 

does not reveal unacceptable risks to the environment, human or animal health as a 

result of the use or manufacture of this material. There is no new information 

contradicting the original recommendation which was the basis for the previous NOSB 

decision to list this material. As a 205.606 listed material, it is subject to commercial 

availability scrutiny for use in organic products. 

Committee Recommendation(s): 

The handling committee recommends the renewal of the following substance in this use 

category as published in the final rule: 

Fructooligosaccharides (CAS # 308066-66-2) 

Committee Vote: 

Motion: Steve DeMuri Second: Tracy Miedema 

Yes: 5 No: 0 Abstain: 0 Absent: 2
<PAGE>   1
                                                                    EXHIBIT 21.2

                            3333 HOLDING CORPORATION
                                 SUBSIDIARY LIST

         The following list of subsidiaries of 3333 Holding Corporation
("Holding"), wholly-owned unless otherwise stated, includes all of the
significant subsidiaries of Holding as of June 22, 1998.

<TABLE>
<CAPTION>

CORPORATIONS AND
LIMITED LIABILITY COMPANIES                                       JURISDICTION OF ORGANIZATION
<S>                                                               <C>
CC Rowlett MOB, LLC                                               Delaware

Centex-Kirco Industrial Summit I, LLC                             Delaware

Centex Industrial Westlake I, LLC                                 Delaware

Centex Industrial Westlake II, LLC                                Delaware

CDC General Partner, Inc.                                         Nevada

CDC MF1, LLC                                                      Nevada

Centex Multi-Family Company                                       Nevada

GV Northfield I, LLC                                              Delaware

3333 Development Corporation                                      Nevada


PARTNERSHIPS                                                      JURISDICTION OF ORGANIZATION

Arbors of Wolf Pen Creek Partners                                 Texas

Centex-Corrigan Multi-Family II Joint Venture                     Texas

Centex Development Company, L.P.                                  Delaware

Centex Funding Company, L.P.                                      Delaware

Centex Industrial Camarillo I, L.P.                               Delaware

Centex Industrial Camarillo II, L.P.                              Delaware

Centex Industrial Development Company, L.P.                       Delaware
   d/b/a Vista Industrial Development Company

Centex Industrial Gateway I, L.P.                                 Delaware

Centex Medical Office Development Company I, L.P.                 Delaware

Centex Multi-Family Company, L.P.                                 Delaware
</TABLE>


<PAGE>   2

<TABLE>
<CAPTION>


PARTNERSHIPS                                                      JURISDICTION OF ORGANIZATION
<S>                                                               <C>
Centex Northfield Investment Company I, L.P.                      Delaware

Centex Office Development Company, L.P.                           Delaware

Centex Office Southpointe I, L.P.                                 Delaware

Centex Retail Development Company, L.P.                           Delaware

Centex Retail Vista Ridge I., L.P.                                Delaware

Vista Realty Development Company, L.P.                            Delaware
</TABLE>


         All of Holding's subsidiaries are included in the Combined Financial
Statements of 3333 Holding Corporation and subsidiary and Centex Development
Company, L.P. ("Holding/CDC") incorporated by reference into this Form 10-K from
the Holding/CDC 1998 Annual Report to Stockholders.
#### Ethridge v. Healani Ventures

16366

4/11/96

Affirmed
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-16-00321-CR

____________________

DAVID GLIGOR, Appellant

V.

THE STATE OF TEXAS, Appellee

_______________________________________________________ ______________

On Appeal from the 410th District Court

Montgomery County, Texas

Trial Cause No. 15-10-10552-CR

________________________________________________________ _____________

MEMORANDUM OPINION 

David Gligor has filed a motion to dismiss his appeal. See Tex. R. App. P. 

42.2. A request to dismiss the appeal is signed by appellant personally and joined 

by counsel of record. No opinion has issued in this appeal. The motion is granted, 

and the appeal is therefore dismissed.

APPEAL DISMISSED.

 ______________________________

 HOLLIS HORTON

 Justice

Submitted on November 1, 2016

Opinion Delivered November 2, 2016

Do Not Publish

Before Kreger, Horton, and Johnson, JJ.
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Exhibit 32.2




CERTIFICATION
OF PRESIDENT AND CHIEF OPERATING OFFICER (PRINCIPAL FINANCIAL
MANAGER)
 Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350)
 
 Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350), the
undersigned, Kathleen A. Hill, President and Chief Operating Officer (Principal
Financial Manager) of Nutrition Management Services Company, a Pennsylvania
corporation (the “Company”), does hereby certify, to her knowledge,
that:
 
 The
Quarterly Report on Form 10-Q for the quarter ended December 31, 2008 of the
Company (the “Report”) fully complies with the requirements of section 13 (a) or
15 (d) of the Securities Exchange Act of 1934, and the information contained in
the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.
 
 
 
 /s/
      Kathleen A. HillKathleen
      A. HillPresident
      and Chief Operating Officer(Principal
      Financial Manager)
 
 
 
 February
17, 2009
#### Doe, In re

25299, 25300

12/29/2004

Vacated & affirmed in part
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 unani 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 J OSE AYA LA M ACI EL , 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. 07- 72807 A ge nc yN o. A 075- 739- 629 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an 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 M ay25, 2010 ** B efo re: C A N B Y , T H O M A S , an dW . F L E T C H E R , C i rcu i tJu d g es. J os e A y a l aM a c i e l , ana t i ve and c i t i z e n of M e xi c o, pe t i t i ons pr o s e f or r e v ie w o f

th e B o ar do f

I m m ig r a tio n A p p e a ls ’ ( “B I A ” ) o r d e rd e n y in g h is m o tio n to r e o p e n r e m o v a l p r o c e e d in g s . O u rju r is d ic tio n is g o v e rn e db y8 U .S .C . § 1 2 5 2 . W e 

# FI LED JU N 09 2010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS07- 72807 2 r e vi e w f orabus e of

di s c r e t i on the deni alof a m ot i on t o reopen, I tu rr i b a rr i a v . I

NS , 321 F . 3d 889, 894 ( 9th C i r . 2003) , and w e de nyi n partand di s m i s s i n partthe p e titio n f o rr e v ie w . T h e B I A d idn o t ab u s e its d is c r e tio n in d e n y in g A y a laM a c ie l’s m o tio n to re op en as un t i m el y bec ause i tw as fi l ed m ore than 9 0 d ay s a ft erthe B IA ’ s f i nal or de rof r e m ova l and A y a l aM a c i e l f a i l e d t o de m ons tr a t e tha the qua l i f i e d f orany e x c e p tio n s to th e 9 0 - d aytim e lim it. See 8 U .S .C . § 1 2 2 9 a ( c ) ( 7 ) ( C ) ( i) ( m o tio n to r e o p e n m u s t b e f

ile dw ith in n in e tyd ay s o f f in a l a d m in is tr a tiv e o r d e ro f r e m o v a l) ; 8 C . F . R . § 1 00 3. 2(c) (3) ( l i st i ng exce pt i on s t o the t i m e l i m i t at i on ). W e l ac k j uri sdi ct i on t o revi ew the B IA ’ s dec i si on no tt o i nv ok e i t s s ua s p o n te au th o r ityto r e o p e n p r o c e e d in g s u n d e r8 C .F .R . § 1 0 0 3 .2 ( a ) . Se e Ekim ia n v . I NS , 30 3 F . 3d 11 53 , 11 59 (9th C i r. 20 02 ). P E T IT IO N F O R R E V IE W D E N IE D i n p art; D IS M IS S E D i n p art.
19038

#### State v. Feldhacker

Affirmed
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Chattem,
Inc.'s audited financial statements and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          NOV-30-1995
<PERIOD-START>                             DEC-01-1994
<PERIOD-END>                               NOV-30-1995
<CASH>                                           3,636
<SECURITIES>                                         0
<RECEIVABLES>                                   16,534
<ALLOWANCES>                                       286
<INVENTORY>                                      8,678
<CURRENT-ASSETS>                                31,074
<PP&E>                                          24,461
<DEPRECIATION>                                  15,131
<TOTAL-ASSETS>                                  83,410
<CURRENT-LIABILITIES>                           20,820
<BONDS>                                         79,689
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,519
<OTHER-SE>                                    (18,940)
<TOTAL-LIABILITY-AND-EQUITY>                    83,410
<SALES>                                        100,598
<TOTAL-REVENUES>                               100,598
<CGS>                                           29,755
<TOTAL-COSTS>                                   86,130
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,075
<INCOME-PRETAX>                                  3,610
<INCOME-TAX>                                     1,285
<INCOME-CONTINUING>                              2,325
<DISCONTINUED>                                  10,008
<EXTRAORDINARY>                                  (367)
<CHANGES>                                            0
<NET-INCOME>                                    11,966
<EPS-PRIMARY>                                     1.64
<EPS-DILUTED>                                     1.64
        

</TABLE>
Attachment 4

Marketing and Regulatory Programs

Grain Inspection, Packers and Stockyards Administration

Competitive Areas for Reduction-in-Force

NOTE:

The local commuting area (LCA) is defined as the assigned duty station.

Organizational Unit: Positions Covered: Competitive Areas:

Headquarters, GIPSA

All other Programs and Staff 

Offices not otherwise listed

Positions with an assigned duty 

station to:

• Washington, DC

• All other positions

Positions organizationally 

assigned to:

•Field locations 

• HQ, GIPSA, duty 

station Washington, 

DC metro area

• By each program 

within the individual 

local commuting area 

• By each program 

within the respective 

local commuting area

1
Exhibit 99.2
 
 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 AFG Investment Trust D (the "Trust"), on Form 10-QSB for the period ended September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, the Principal Financial and Accounting Officer of the Trusts Managing Trustee, hereby certifies pursuant to 18 U.S.C. §1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:
  (1)  the Report of the Trust filed today 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 Trust.
 
 /s/ Richard K Brock
 Richard K Brock
 Chief Financial Officer and Treasurer of AFG ASIT Corp.,
 the Managing Trustee of the Trust
 (Principal Financial and Accounting Officer)
 N ovember 14, 2003
<PAGE>

                                                                    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

         In connection with the Annual Report of Cybrdi, Inc. (the "Company") on
Form 10-KSB/A for the period ended December 31, 2007 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), each of
the undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his knowledge:

         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 operation of the
Company for the year ended December 31, 2007

         3. A signed original of this written statement required by Section 906
has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.


Date:  December 22, 2008

                                 By: /s/ Xue Bu
                                       ----------
                                     Xue Bu
                                       Treasurer and COO
##### 



Exhibit 12.6
 Central Illinois Light Company
Computation of Ratios of Earnings to Fixed Charges and Combined
Fixed Charges and Preferred Stock Dividend Requirements
(Thousands of Dollars, Except Ratios)
 Year Ended December 31,2003
    
    
    2004
    
    
    2005
    
    
    2006
    
    
    2007Net income from continuing operations
    
    $
    44,883
    
    
    $
    32,384
    
    
    $
    25,296
    
    
    $
    47,012
    
    
    $
    75,984Less - Change in accounting principle
    
    
    24,080
    
    
    
    -
    
    
    
    (2,497
    )
    
    
    -
    
    
    
    -Add - Taxes based on income
    
    
    11,905
    
    
    
    5,450
    
    
    
    16,357
    
    
    
    9,966
    
    
    
    39,195Net income before income taxes and change in
accounting principle
    
    
    32,708
    
    
    
    37,834
    
    
    
    44,150
    
    
    
    56,978
    
    
    
    115,179Add - fixed charges:Interest on long-term debt
    
    
    16,358
    
    
    
    15,179
    
    
    
    13,918
    
    
    
    18,044
    
    
    
    26,071
    (1)Estimated interest cost within rental expense
    
    
    1,468
    
    
    
    395
    
    
    
    390
    
    
    
    289
    
    
    
    343Amortization of net debt premium, discount,
and expenses
    
    
    708
    
    
    
    611
    
    
    
    473
    
    
    
    705
    
    
    
    1,065Total fixed charges
    
    
    18,534
    
    
    
    16,185
    
    
    
    14,781
    
    
    
    19,038
    
    
    
    27,479Earnings available for fixed charges
    
    
    51,242
    
    
    
    54,019
    
    
    
    58,931
    
    
    
    76,016
    
    
    
    142,658Ratio of earnings to fixed charges
    
    
    2.76
    
    
    
    3.33
    
    
    
    3.98
    
    
    
    3.99
    
    
    
    5.19Earnings required for combined fixed
charges and preferred stock dividends:Preferred stock dividends
    
    
    2,127
    
    
    
    2,062
    
    
    
    1,998
    
    
    
    1,933
    
    
    
    1,869Adjustment to pretax basis
    
    
    1,217
    
    
    
    346
    
    
    
    1,293
    
    
    
    410
    
    
    
    9773,344
    
    
    
    2,408
    
    
    
    3,291
    
    
    
    2,343
    
    
    
    2,846Combined fixed charges and preferred stock
dividend requirements
    
    $
    21,878
    
    
    $
    18,593
    
    
    $
    18,072
    
    
    $
    21,381
    
    
    $
    30,325Ratio of earnings to combined fixed charges
and preferred stock dividend requirements
    
    
    2.34
    
    
    
    2.90
    
    
    
    3.26
    
    
    
    3.55
    
    
    
    4.70
 
 (1)
    
    Includes FIN 48 interest expense
<PAGE>
                                                                    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

In connection with this Quarterly Report of Goody's Family Clothing, Inc. (the
"Company") on Form 10-Q for the period ended May 1, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Edward
R. Carlin, 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/ Edward R. Carlin

Edward R. Carlin
Executive Vice President, Chief Financial Officer and Secretary
May 19, 2004