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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. 07-50184

UNITED STATES OF AMERICA Plaintiff-Appellee v. EMILIO PENA-NAJERA Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas 2:06-CR-689-ALL
Before JOLLY, BARKSDALE and HAYNES, Circuit Judges. PER CURIAM: * Emilio Pena-Najera pled guilty to a one-count indictment for possession of marijuana with intent to distribute, in violation of21 U.S.C. §§ 841(a)(1) and (b)(1)(B). His sole issue on appeal is based upon his contention that the district court erred in failing to award him a reduction ofhis sentence under the “safetyvalve provision” of 18 U.S.C. § 3553(f) and section 5C1.2 of the United States Sentencing Guidelines. Pena-Najera alleges that the district judge failed to make an “independent determination.” United States Court of Appeals Fifth Circuit 

### F I L E D October 10, 2008 Charles R. Fulbruge III ClerkNo. 07-50184

2 We have carefully reviewed the sentencing record, and we conclude that the district judge did made an “independent determination.” It was PenaNajera’s burden toprove that hewas entitled to the “safety-valve” reduction, and he failed to meet that burden. U nited Statesv. Flanagan, 80 F.3d 143, 146 (5th Cir. 1996); see also United States v. Cervantes, 519 F.3d 1254, 1258 (10th Cir. 2008) (“he who has the burden of proof must put on s ome evidence at a sentencing hearing to allow the district court to find, by a preponderance of the evidence, that he is eligible for the safety-valve adjustment.”). Accordingly, the judgment of the district court is AFFIRMED.
# C_2020433EN.01004201.xml

| 14.12.2020 | EN | Official Journal of the European Union | C 433/42 |
| --- | --- | --- | --- |

14.12.2020

EN

Official Journal of the European Union

C 433/42

---

Judgment of the General Court of 15 October 2020 — První novinová společnost v Commission

(Case T-316/18) (1)

(State aid - Postal sector - Universal service obligation - Decision not to raise any objections - Safeguarding procedural rights - Duration of the procedure - Complete and sufficient examination of the case by the Commission - Compensation for the discharge of the universal service obligation - Service of general economic interest - Directive 97/67/EC - Net avoided cost methodology - Obligation to state reasons)

(2020/C 433/51)

Language of the case: English

Parties

Applicant: První novinová společnost a.s., successor in law to Mediaservis s.r.o. (Prague, Czech Republic) (represented by: D. Vosol and C. Schneider, lawyers)

Defendant: European Commission (represented by: L. Flynn, D. Recchia and K. Blanck, acting as Agents)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Vláčil, T. Müller and I. Gavrilová, acting as Agents), Česká pošta s. p. (Prague) (represented by: P. Kadlec, lawyer)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2018) 753 final of 19 February 2018, State aid SA.45281 (2017/N) and State aid SA. 44859 (2016/FC), declaring that the compensations granted by the Czech Republic to Česká pošta for the performance of its postal activities under a universal service obligation for the period 2013 to 2017 constitute State aid compatible with the internal market, pursuant to Article 106(2) TFEU.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders První novinová společnost a.s., successor in law to Mediaservis s. r. o., to bear its own costs and to pay those incurred by the European Commission; |
| --- | --- |

2.

Orders První novinová společnost a.s., successor in law to Mediaservis s. r. o., to bear its own costs and to pay those incurred by the European Commission;

| 3. | Orders the Czech Republic and Česká pošta s. p. to bear their own costs. |
| --- | --- |

3.

Orders the Czech Republic and Česká pošta s. p. to bear their own costs.

---

(1)  OJ C 276, 6.8.2018.

---
Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h

Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk February 4, 2009

0128 

# Order

February 4, 2009

137390

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant,

v SC: 137390 COA: 277291 Wayne CC: 06-100037 ELIZABETH ANN EDENSTROM, Defendant-Appellee.

________________ _______________ __________/

On order of the Court, the applicati on for leave to appeal the August 5, 2008 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

H ATHAWAY 

### , J., not participating. Justice Ha thaway recuses herself and will not participate in this case as sh e was the presiding trial cour t judge. See MCR 2.003(B).
26156

#### State v. Gleich

Affirmed
HARMO N Y DRONES UAV SPEC IFICATION SHEET



## Harmony Drones UAV Components list.

Air Frame

DJI S1000

http://www.dji.com/product/spreading

- wings

- s1000

Configuration: Octocopter

Take Off Weight: 6Kg ~ 11Kg / 13.2lbs ~ 24.25lbs

Aircraft Weight: 4.2Kg / 9.25lbs

Diagonal Width: 1045mm/41.14"

Motors: 8x DJI 4114 400kv

ESC: 40A Integrated

Landing Gear: Retractable

Arms: Carbon Fiber Booms, Foldable

Propellers: 1552 High Performance, Foldable

Plug Types: XT150 Flight Battery, XT60 ElectronicsHARMO N Y DRONES UAV SPEC IFICATION SHEET

Manufactured by: DJI



### Flight Control System

DJI A2

, IOSD Mini on screen display, DJI GPS Puck. LED battery low V warning / Satellite indicator.



### DJI GPS Puck. LED battery low V warning/Satellite indicator.HARMO N Y DRONES UAV SPEC IFICATION SHEET



### GPS Waypoint & Mapping system.

DJI Datalink. Provides real tim e GPS coordinates and tracking to pilot by way of map

.HARMO N Y DRONES UAV SPEC IFICATION SHEET



### RC Controllers :

2 Fatuba 14 Sg controllers, binded for Pilot & Camera Operator. Communicates RX

- TX via DJI

Lightbri dge 2.5GHZ TX for f light control and AVL58 TX 5.8GHZ for Pilot camera.HARMO N Y DRONES UAV SPEC IFICATION SHEET



### Transmitters

DJI Lightbridge 2.4GHZ (Camera Operator View)HARMO N Y DRONES UAV SPEC IFICATION SHEET

DJI AVL 58 5.8 GHZ (Pilot view)HARMO N Y DRONES UAV SPEC IFICATION SHEET



### Motors

Stator Size 41×14mm

. kV 400rpm/V Max Power 500W

. ESC 40a integratedHARMO N Y DRONES UAV SPEC IFICATION SHEET



### Props

Foldable Propeller (1552/1552R)

Material High strength performance engineered plastics

Size 15×5.2inch



### BatteriesHARMO N Y DRONES UAV SPEC IFICATION SHEET

Foxtech 6s 22,000 mAh Lipo 25c

- 50c



### Gimbal

z

- 15 Zenmuse



### Onboard Came ra Equipment:

High Definition

Canon 5D Mark lll with EF 85mm f/1.2L ll USM lens

CAMERA

- http://www.usa.canon.com/cusa/consumer/products/cameras/slr_cameras/eos_5d_mark_iii

LENS

- http://www.usa.canon.com/cusa/consumer/products/cameras/ef_lens_lineup/ef_85mm_f_1_2l_ii_usm

Gopro 4 Black

http://shop.gopro.com/hero4/hero4

- black/CHDHX

- 401.htmlHARMO N Y DRONES UAV SPEC IFICATION SHEET



### Onboard Infrared Camera Equipment

FLIR Tau 2 with 25mm Lens

http://www.flir.com/cores/display/?id=54717

IC I Systems 640x 480 Thermal with 7mm lens.

http://www.infraredcamerasinc.com/infrared

- camera

- 9640.html
From: Higgins, Cortney [mailto:Cortney_Higgins@omb.eop.gov]

Sent: Monday, May 05, 2014 1:38 PM

To: Wayland, Robertj Subject: RE: OMB/DOE Discussion on Nuclear Uprate Potential

Hi Bob,

This meeting and the other two will be held in th e White House Conference Center, 726 Jackson Place (just east of the NEOB). For this meeting, and the ones next week, I’ll just need list of names – no additional information is needed (no SSN or DOBs) for the WHCC.

Specifically, this meeting will be in the Eisenhower Room of the WHCC.

Regards, Cortney

-----Original Appointment----- From : Wayland, Robertj [mailto:Wayland.Robertj@epa.gov] Sent : Friday, May 02, 2014 1:22 PM To : Wayland, Robertj; Higgins, Cortney; Tsirigotis, Peter; Culligan, Kevin; Harvey, Reid; Stenhouse, Jeb; Hutson, Nick; Srivastava, Ravi; Fellner, Christian; Johnson, Mary; Johnson, Tanya; King, Melanie; Adamantiades, Mikhail; Eschmann, Erich Subject : OMB/DOE Discussion on Nuclear Uprate Potential When : Friday, May 09, 2014 2:00 PM-3:00 PM (UTC-05:00) Eastern Time (US & Canada). Where : TBD (Call-in: 1-866-299-3188, passcode: 919-541-5536)

The purpose of this meeting is to discuss EPA’s nuc lear uprate approach for BB3 This meeting will likely be a face-to-face meeting over at OMB, but I’ve added a call-in number just in case. Cortney will advise us at a later date on the location/logistics.

EPA – Please invite other critical/key staff on BB3 as necessary.
<PAGE>
                                                                    Exhibit 99.1

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 DUSA Pharmaceuticals, Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2003, as filed with the
Securities and Exchange Commission (the "Report"), I, D. Geoffrey Shulman, Chief
Executive Officer 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.

<TABLE>
<S>                                       <C>
                                          /s/ D. Geoffrey Shulman
                                          -------------------------------------
                                          D. Geoffrey Shulman
                                          President, Chief Executive
                                          Officer, (Principal Executive
                                          Officer), and Chief Financial
                                          Officer (Principal Financial Officer)

Date: May 13, 2003
</TABLE>


                                       24
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>
<CIK> 0000854709
<NAME> DAYTON SUPERIOR CORPORATION
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                             203
<SECURITIES>                                         0
<RECEIVABLES>                                   12,348
<ALLOWANCES>                                       449
<INVENTORY>                                     14,155
<CURRENT-ASSETS>                                29,442
<PP&E>                                          31,739
<DEPRECIATION>                                  13,041
<TOTAL-ASSETS>                                 107,835
<CURRENT-LIABILITIES>                           18,568
<BONDS>                                         31,487
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        42,385
<OTHER-SE>                                      10,487
<TOTAL-LIABILITY-AND-EQUITY>                   107,835
<SALES>                                        124,486
<TOTAL-REVENUES>                               124,486
<CGS>                                           86,021
<TOTAL-COSTS>                                   86,021
<OTHER-EXPENSES>                                25,482
<LOSS-PROVISION>                                 (191)
<INTEREST-EXPENSE>                               4,829
<INCOME-PRETAX>                                  8,154
<INCOME-TAX>                                     3,538
<INCOME-CONTINUING>                              4,616
<DISCONTINUED>                                   4,616
<EXTRAORDINARY>                                (2,314)
<CHANGES>                                            0
<NET-INCOME>                                     2,302
<EPS-PRIMARY>                                     0.51
<EPS-DILUTED>                                     0.47


</TABLE>
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 2 4
- 0123 STATE OF MONTANA,

Plaintiff and Appellee,

v. JOSE LUIS CHAVEZ ,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time to produce transcripts on appeal, and good cause appearing, IT IS HEREBY ORDERED that Court Reporter Julie Delong is granted an extension of time to and including October 29, 202 4 , within which to prepare, file, and serve the transcripts requested on appeal. The Clerk shall serve a copy of this Order upon the district court and the court reporter.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

September 12 2024

09/12/2024

Case Number: DA 24-0123
<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 Annual Report of Interland, Inc. (the "Company") on Form
10-K/A for the period ending August 31, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Allen L. Shulman,
Chief Financial Officer, certify, 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
my knowledge:

1. The Report fully complies with the requirements of Section 13(a) 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.


Date:  April 18, 2003
                                          /s/ Allen L. Shulman
                                          -------------------------------------
                                          Allen L. Shulman
                                          Senior Vice President, Chief
                                          Financial Officer, and General
                                          Counsel
70 P.3d 646

SUPREME COURT OF HAWAI'I

#### Rogers v. Minoo

24146

05/20/2003

Affirmed
H. Res. 233 

In the House of Representatives, U. S., 

June 15, 2015. 

Whereas three United States citizens have been held captive 

in Iran, some of them for multiple years; 

Whereas one United States citizen disappeared in Iran over 

8 years ago; and 

Whereas Iranian President Hassan Rouhani has stated that 

his government wishes to engage in a constructive interaction with the world: Now, therefore, be it 

Resolved, That it is the sense of the House of Representatives that Iran should release all detained United States citizens immediately and provide any information it possesses regarding any United States citizens that have disappeared 

within its borders. 

Attest: 

Clerk.
Exhibit 32.2



CERTIFICATIONS BY THE CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the Quarterly Report of Education Management Corporation
(the Company) on Form 10-Q for the fiscal quarter ended March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert T. McDowell, Chief Financial Officer of the Company,
hereby certify in such capacity, 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 for the periods reflected
therein.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: May 4, 2006



By:

/s/    ROBERT T.
MCDOWELLRobert T. McDowell Chief Financial Officer
# C_2020137EN.01004701.xml

| 27.4.2020 | EN | Official Journal of the European Union | C 137/47 |
| --- | --- | --- | --- |

27.4.2020

EN

Official Journal of the European Union

C 137/47

---

Judgment of the General Court of 5 March 2020 — Exploitatiemaatschappij De Berghaaf v EUIPO — Brigade Electronics Group (CORNEREYE)

(Case T-688/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark CORNEREYE - Earlier EU word mark BACKEYE - Relative ground for refusal - Likelihood of confusion - Enhanced distinctiveness of the earlier mark acquired through use - Evidence - Article 8(1)(b) of Regulation (EU) 2017/1001 - Examination of the facts by EUIPO of its own motion - Article 95(1) of Regulation 2017/1001)

(2020/C 137/73)

Language of the case: English

Parties

Applicant: Exploitatiemaatschappij De Berghaaf BV (Barneveld, Netherlands) (represented by: R. Pansch, S. Klopschinski and M. von Rospatt, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Brigade Electronics Group plc (Kent, United Kingdom) (represented by: M. Hicks, Barrister)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 24 July 2018 (Case R 1966/2017 1), relating to opposition proceedings between Brigade Electronics Group and Exploitatiemaatschappij De Berghaaf.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 July 2018 (Case R 1966/2017-1); |
| --- | --- |

1.

Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 July 2018 (Case R 1966/2017-1);

| 2. | Orders EUIPO to bear its own costs and to pay those incurred by Exploitatiemaatschappij De Berghaaf BV, including the costs necessarily incurred by Exploitatiemaatschappij De Berghaaf for the purposes of the proceedings before the Board of Appeal of EUIPO; |
| --- | --- |

2.

Orders EUIPO to bear its own costs and to pay those incurred by Exploitatiemaatschappij De Berghaaf BV, including the costs necessarily incurred by Exploitatiemaatschappij De Berghaaf for the purposes of the proceedings before the Board of Appeal of EUIPO;

| 3. | Orders Brigade Electronics Group plc to bear its own costs. |
| --- | --- |

3.

Orders Brigade Electronics Group plc to bear its own costs.

---

(1)  OJ C 24, 21.1.2019.

---
[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Notices]
[Page 86930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27565]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Senior Healthcare Innovation Consortium

    Notice is hereby given that, on October 5, 2023, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Senior Healthcare 
Innovation Consortium (``SHIC'') has filed written notifications 
simultaneously with the Attorney General and the Federal Trade 
Commission disclosing changes in its membership. The notifications were 
filed for the purpose of extending the Act's provisions limiting the 
recovery of antitrust plaintiffs to actual damages under specified 
circumstances. Specifically, Center to Stream Healthcare In Place, 
Tucson, AZ; Interdisciplinary Consortium on Advanced Motion 
Performance, Houston, TX; and Mentia, Novato, CA, have been added as 
parties to this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and SHIC intends to file additional 
written notifications disclosing all changes in membership.
    On November 02, 2022, SHIC filed its original notification pursuant 
to Section 6(a) of the Act. The Department of Justice published a 
notice in the Federal Register pursuant to Section 6(b) of the Act on 
November 23, 2022 (87 FR 71677).
    The last notification was filed with the Department on July 11, 
2023. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on September 26, 2023 (88 FR 66056).

Suzanne Morris,
Deputy Director Civil Enforcement Operations, Antitrust Division.
[FR Doc. 2023-27565 Filed 12-14-23; 8:45 am]
BILLING CODE 4410-11-P
# C_2019131EN.01004401.xml

| 8.4.2019 | EN | Official Journal of the European Union | C 131/44 |
| --- | --- | --- | --- |

8.4.2019

EN

Official Journal of the European Union

C 131/44

---

Judgment of the General Court of 14 February 2019 — Bayer Intellectual Property v EUIPO (Representation of a heart)

(Case T-123/18) (1)

(EU trade mark - Application for an EU figurative mark representing a heart - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2019/C 131/50)

Language of the case: German

Parties

Applicant: Bayer Intellectual Property GmbH (Monheim am Rhein, Germany) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Graul, S. Hanne and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 7 December 2017 (Case R 145/2017-1) concerning an application for registration of a figurative sign representing a heart as an EU trade mark.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Bayer Intellectual Property GmbH to pay the costs. |
| --- | --- |

2.

Orders Bayer Intellectual Property GmbH to pay the costs.

---

(1)  OJ C 142, 23.4.2018.

---
MDAQMD Rule 1113 B-3

Final Staff Report, 09/21/2012B-4 MDAQMD Rule 1113

Final Staff Report, 09/21/2012