alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The Honorable James M. Rosenbaum, United States District Judge for th e 1 District of Minnesota. United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-1128

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota. Wesley Norvette Hawkins, * * [UNPUBLISHED] Appellant. *

___________ Submitted: August 22, 1997 Filed: September 2, 1997

___________ Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges.

___________ PER CURIAM. In this appeal follow ing remand, Wesley Norvette Hawkins challenges the new sentence imposed on him by the district court. We affirm. 1-2-

The d istrict court previously sentenced Hawkins to 262 months imprisonmen t for possessing cocaine and crack cocaine with intent to distribute, in violation of 2 1 U.S.C. § 841(a)(1); a concurrent 120-month prison term for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) ; a consecutive 60-month prison term for using a firearm in relation to the charged drug trafficking, in violation of 18 U.S.C. § 924(c) (1); and 5 years supervised release. In doing so, the district court denie d Hawkins & s motion

under U.S. Sentencing Guidelines Manual § 4A1.3, p.s. (1995) for a downward departure. We initially affirmed Hawkins & s convictions and sentences, and also concluded that the denial of his sect ion 4A1.3 motion was unreviewable given the d i strict court & s awareness of its authority to depart, see United States v. Hawkins , 59 F.3d 723, 726, 731-32 (8th Cir. 1995), but the Supreme Court later vacated ou r judgment a nd remanded the case to us for further consideration in light of Bailey v

. United States , 116 S. Ct. 501 (1995), see Hawkins v. United States , 116 S. Ct. 1257 (1996). We thus remanded the case to the district cour t for further consideration of the gun c ount, and affirmed the convictions and sentences on the remaining counts. See United States v. Hawkins , No. 94-3436 (8th Cir. July 29, 1996) (order). On remand to the district court, Hawkins again moved for a downw ard departure under section 4A1.3. The district court vacated the gun conviction and 60-mont h sentence, but denied Hawkins's s ection 4A1.3 motion, declining to reconsider its prior ruling. On appeal, Hawkins argues the district court erroneously b elieved that our prior decision in his direct criminal appeal limited the dist rict court & s discretion to reconsider the issue of a downward departure. Upon careful review of the record, however, we conclude that the court & s refusal to reconsider amounted to another discretionar y decision not to depart. Therefore, we con clude once again that the court’s decision on that po int is unreviewable. See United States v. Hall , 7 F.3d 1394, 1396 (8th Cir

. 1993). Accordingly, we affirm the judgment of the district court.-3-

A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
**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 quarterly report of Berkshire Hills Bancorp, Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2013, as filed with the Securities and Exchange Commission (the “Report”), I, Kevin P. Riley, Executive Vice President, Chief Financial Officer and Treasurer 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 as of and for the period covered by the Report.

 

 
| May 10,   2013 | /s/   Kevin P. Riley                                   |
|---------------------|--------------------------------------------------------|
|                | Kevin   P. Riley                                       |
|                | Executive   Vice President and Chief Financial Officer |

 

----
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO**

**SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as principal financial officer of SMTC Corporation (the “Company”), does hereby certify that to the undersigned’s knowledge: 

1) the Company’s quarterly report on Form 10-Q for the quarter ended March 30, 2008 fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and 

2) the information contained in the Company’s quarterlyreport on Form 10-Q for the quarter ended March 30, 2008 fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

Date: May 13, 2008 

A signed original of this written statement required by Section 906 has been provided to SMTC Corporation and will be retained by SMTC Corporation and furnished tothe Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.01

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND 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, Robert L. Howard-Anderson, 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 of Occam Networks, Inc. on Form 10-Q for the fiscal quarter ended March 26, 2006 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 Occam Networks, Inc.



By:

/s/ Robert L. Howard-AndersonName:

Robert L. Howard-AndersonTitle:

President and Chief Executive Officer


I, Christopher B. Farrell, 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 of Occam Networks, Inc. on Form 10-Q for the fiscal quarter ended March 26, 2006 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 Occam Networks, Inc.



By:

/s/ Christopher B. FarrellName:

Christopher B. FarrellTitle:

Chief Financial Officer
II

104TH CONGRESS

1ST SESSION S. 259

For the relief of the Persis Corporation.

IN THE SENATE OF THE UNITED STATES

JANUARY 23 (legislative day, JANUARY 10), 1995

Mr. INOUYE introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

For the relief of the Persis Corporation.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AUTHORITY TO PROVIDE RELIEF.

4 Upon transfer to the Smithsonian Institution, within

5 60 days following the date of the enactment of this Act,

6 of all right, title, and interests held by the Persis Corpora7 tion, of Honolulu, Hawaii, in the collection known as the

8 Honolulu Advertiser Collection of ‘‘The Stamps and Post9 al History of Hawaii’’ that consists of approximately

10 3,500 items, the Secretary of the Treasury is authorized

11 and directed to pay, out of any money in the Treasury
2

•S 259 IS

1 not otherwise appropriated, to the Persis Corporation a

2 sum equal to the lesser of—

3 (1) the fair market value of the collection; or

4 (2) $8,250,000.

5 SEC. 2. ATTORNEY FEES.

6 It shall be unlawful for more than 10 percent of the

7 amount appropriated in section 1 to be paid to, delivered

8 to, or received by any agent or attorney on account of serv9 ices rendered in connection with this claim. Violation of

10 the provisions of this section is a misdemeanor punishable

11 by a fine not to exceed $1,000.

Æ
EXHIBIT 32.1



CERTIFICATION



Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange Act), and Section
1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), Frank Litvack, M.D., Chief Executive Officer of Conor Medsystems, Inc. (the Company), and Michael Boennighausen, Chief Financial Officer of the Company,
each hereby certify that, to the best of his knowledge:



| | 1. | The Companys Quarterly Report on Form 10-Q for the period ended March 31, 2005, and to which this Certification is attached as Exhibit 32.1 (the Periodic Report),
fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act; and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



In Witness Whereof, the undersigned have
set their hands hereto as of the 16th day of May, 2005.



/s/    FRANK LITVACK, M.DFrank Litvack, M.D. Chief Executive
Officer




/s/    MICHAEL BOENNIGHAUSENMichael Boennighausen Chief Financial
Officer
2007 BOARD OF DIRECTORS  SPECIAL CASH DISTRIBUTION ELECTION FORM
 December 19, 2008
 First Name:
    
    Last Name:
    
    SSN:
  This Special Cash Distribution Election Form relates to the distribution of 2007 deferred
compensation under the Ingram Micro Inc. Board of Directors Deferred Compensation Plan (the Plan)
that would not otherwise be payable in 2008, provided that such election does not cause any amounts
to be paid in 2008 that would not otherwise be payable in 2008, in accordance with the applicable
provisions of Section 409A of the Internal Revenue Code and I.R.S. Notice 2005-1 (as extended by
I.R.S. Notice 2007-86). Capitalized terms used and not otherwise defined in this Special Cash
Distribution Election Form will have the meanings ascribed to those terms in the Plan.
  
 1. DISTRIBUTION DATE**:
 The last business day of the month in which occurs the 60th day following separation from service from the Board with the
Corporation, including death, disability or retirement.On January 31 of the calendar year following the year of separation from service from the Board with the Corporation, including
death, disability or retirement.The last business day of , or, if earlier, upon the last business day of
                          
                 Month            Year
the month in which occurs the 60th day following separation from service from the Board with the
Corporation, including death, disability or retirement.
 2. DISTRIBUTION PAYMENT OPTIONS**:
 Lump Sum Payment
    
    5 Annual Installments (5 years)
    
    20 Quarterly Installments (5 years)10 Annual Installments (10 years)
    
    40 Quarterly Installments (10 years)15 Annual Installments (15 years)
    
    60 Quarterly Installments (15 years)
 
 **
    
    If you do not make an election for the form of your distribution payment, the default form of
distribution will be lump sum commencing on the last business day of the month in which occurs the
60th day following your termination of service from the Board with the Company,
including death, disability or retirement. th
  B. BENEFICIARY DESIGNATION:
 Name
    
    Relationship
    
    Social Security Number
    
    Percentage
   Directors Signature
    
    
    
    Date
Order entered April 4 , 2014

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 13 - 01154 - CR No. 05 - 13 - 01155 - CR TOMMY EXIQUIO MARTIN EZ, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 194th Judicial District Court

Dallas C ounty, Texas Trial Court Cause No s . F10 - 51119 - M , F10 - 51168 - M



### O RDER The Court GRANTS the State’s April 1, 2014 motion to accept the contemporaneously filed letter brief. We ORDER the State’s letter brief received on April 1, 2014 filed as of the date of this order. On February 27, 2014, the Court adopted the trial court’s findings regarding the indictment and plea papers for cause no. 05

- 13

- 01155

- CR (trial court no. F10

- 51168

- M) and ordered the parties to file supplemental briefs addressing the issue of w hether appellant was charged with the same offense in the two indictments and whether appellant pleaded guilty to the same offense as alleged in the two indictments. We have received appellant’s supplemental brief which raises the issue that the convictio n in cause no. 05

- 13

- 01155

- CR constitutes a doublejeopardy violation and the State’s letter brief stating the State not only does not object to

appellant’s receipt of the requested relief but agrees appellant should receive the requested relief. According ly, we ORDER the appeal submitted, without argument, on April 28, 2014 to a panel consisting of Justices Lang, Myers, and Brown. /s/ CAROLYN WRIGHT CHIEF JUSTICE
Rail Vehicles Access Advisory Committee - Meeting #2

January 9 and 10, 2014

Preliminary Agenda

U.S. Access Board Conference Room

1331 F Street, N.W., suite 800

Washington, DC 20004

Thursday, January 9 (10:00 a.m. – 5:00 p.m.)

1. Administrative Matters 

a. Approval of Nov 2013 Summary Meeting Minutes

2. Review of Committee Issues List

3. Educational Presentations

a. Federal Railroad Administration – Rail 101

b. Federal Railroad Administration – Summary of PRIIA Next Generation 

Equipment Committee Accessibility Accommodations and Other Areas for 

Consideration

c. Bombardier Transportation – Toilet Module Footprint

d. International Centre for Accessible Transportation – Integrated Solutions 

to Accessible Coach Car Elements

e. Talgo – A Brief Description of the Three Distinct “Bi-Level” Passenger Car 

Designs Currently in Use on the US “General System”

f. Washington Metropolitan Area Transit Authority – 7000 Series Rail Car 

Accessibility Features

4. Discussion on How to Resolve Issues

5. Public Comment Period (option 1 – if subcommittees meet)

6. Committee (or Subcommittee) Work on Issues

7. Public Comment Period (option 2 – if subcommittees do not meet)

Friday, January 10 (9:00 a.m. - 3:00 p.m.)

1. Administrative Matters

2. Committee (or Subcommittee) Work

3. New Business

4. Public Comment Period

5. Adjourn

Note: Lunch will be on your own at a time each day favorable to the 

Committee work.
II

104TH CONGRESS

1ST SESSION S. 431

To amend the Magnuson Fishery Conservation and Management Act to authorize the Secretary of Commerce to prepare fishery management plans

and amendments to fishery management plans under negotiated rulemaking procedures, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 16 (legislative day, JANUARY 30), 1995

Ms. SNOWE introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

A BILL

To amend the Magnuson Fishery Conservation and Management Act to authorize the Secretary of Commerce to

prepare fishery management plans and amendments to

fishery management plans under negotiated rulemaking

procedures, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 431 IS

1 SECTION 1. AUTHORITY TO PREPARE FISHERY MANAGE2 MENT PLANS AND AMENDMENTS UNDER NE3 GOTIATED RULEMAKING PROCEDURES.

4 (a) AUTHORITY.—Section 304(c) of the Magnuson

5 Fishery Conservation and Management Act (16 U.S.C.

6 1854(c)) is amended—

7 (1) in paragraph (1), by adding at the end the

8 following new flush sentence:

9 ‘‘In addition to exercising the authority granted to the

10 Secretary under this paragraph, the Secretary may, with11 out regard to whether a Council has prepared a fishery

12 management plan or amendment, prepare a fishery man13 agement plan or amendment and issue proposed regula14 tions in accordance with paragraph (4).’’; and

15 (2) by adding at the end the following new

16 paragraph:

17 ‘‘(4)(A) The Secretary may, pursuant to the proce18 dures for negotiated rulemaking established by subchapter

19 III of chapter 5 of title 5, United States Code—

20 ‘‘(i) prepare a fishery management plan with

21 respect to any fishery, or any amendment to any

22 such fishery management plan; and

23 ‘‘(ii) issue such proposed regulations as the Sec24 retary determines are necessary or appropriate to

25 carry out a fishery management plan or amendment

26 prepared under clause (i).
3

•S 431 IS

1 ‘‘(B) A fishery management plan or amendment pre2 pared by the Secretary pursuant to subparagraph (A)

3 shall be prepared—

4 ‘‘(i) in accordance with—

5 ‘‘(I) the national standards described in

6 section 301(a);

7 ‘‘(II) any other applicable provision of this

8 Act (other than paragraph (1)); and

9 ‘‘(III) any other applicable law; and

10 ‘‘(ii) in consultation with—

11 ‘‘(I) the Secretary of State, with respect to

12 foreign fishing; and

13 ‘‘(II) the Secretary of the department in

14 which the Coast Guard is operating, with re15 spect to enforcement at sea.’’.

16 (b) CONFORMING AMENDMENT.—Paragraphs (2)(A)

17 and (3) of section 304(c) of the Magnuson Fishery Con18 servation and Management Act (16 U.S.C. 1854(c)) are

19 each amended by striking ‘‘paragraph (1)’’ each place it

20 appears and inserting ‘‘this subsection’’.

Æ
-82 -80 -78 -76 -74 -72

 36

 38

 40

★

▲

▲

▲

▲

★ ▲ ▲ ▲

▲

 500

 1000

 1500

 100

18 12 06 00

05/31

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 31 May 06

 EDAS Meteorological Data

Source

★ at 39.03 N 77.49 W Meters AGL
#### Robert WARD, Appellant, v. Ernest JUSTICE et al., Appellees.

Court of Appeals of Kentucky.

Sept. 16, 1955.

L. C. Farley, Pikeville, for appellant.

V. R. Bentley, Pikeville, for appellee.

PER CURIAM.

This case is before us on motion for an appeal under KRS 21.080. It involves title to a tract of land in Pike County on which the chancellor placed a value of $640.

*146The record has been examined, the issues discussed by the court, and the conclusion reached that the chancellor’s judgment is correct. CR 52.01.

The motion for an appeal is overruled and the judgment stands affirmed.
### NUMBER 13

- 18

- 00 607

- CR



## COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

EX PARTE FABIAN GARCIA

On a ppeal from the 206 th District Court

of Hidalgo County, Texas.



## ORDER

Before Chief Justice Contreras and Justices Longoria and Hinojosa

Order Per Curiam

Appellant ’ s brief was originally due on December 21, 2018

. On January 17, 2019,

current counsel made an appearance in the case and was then granted an extension of

time to file a brief until March 21 , 2019. The Court has considered several subsequent

motions for extension, including on December 23, 2019, when appellate counsel cit ed a

missing exhibit as the cause for delay. On Jan uary 6, 2020, the record was supplemented

with the exhibit at issue and a subsequent order grant ing a n extension with the newdeadline on February 21, 2020. To date, the Court has yet to receive appellant’s brief.

On March 2, 2020, the Court abated for further findings from the trial court, and on March

18, 2020 the Court received the supplemental record containing such findings

.

The Court, having fully examined and considered the extensions previously

granted in this cause, the supplemental record, and this Court's previous ord ers is of the

opinion that the case should be reinstated, and appellant ’ s brief shall be due May 4, 20 20.

IT IS THEREFORE ORDERED that the Honorable Joseph Connors , counsel for

appellant, file the appellate brief with this Court on or before 5:00 p.m. on May 4 , 2020.

If the Honorable Joseph Connors fails to file the appellate brief with this Court on or before

5:00 p.m. on May 4 , 2020, then the Honorable Joseph Connors is ORDERED to make

arrangements, with the Clerk of the Court, to appear via telephone on May 5 , 2020 at

9:00 a.m.

, to show cause why he should not be held in contempt of court.

The Honora ble Joseph Connors is admonished, absent further exigent

circumstances, this Court may find counsel in contempt for failing to follow its orders.

PER CURIAM

Do not publish.

T EX

. R. A PP

. P. 47.2(b).

Delivered and filed the

6t h day of April, 2020.
EXHIBIT 31.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT

TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Nancy E. Pecota, Chief Financial Officer and Chief Accounting Officer, certify that:



| | 1. | I have reviewed this Amendment No. 1 to Annual Report on Form 10-K of VIVUS, Inc. for the year ended December 31, 2015; and
| | -- | ---------------------------------------------------------------------------------------------------------------------------



| | 2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the period covered by this report.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Nancy E. PecotaNancy E. PecotaVice President, Finance and Chief Financial Officer


Dated: May 9, 2016
[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6549-6550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02079]


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

INTERNATIONAL TRADE COMMISSION

[USITC SE-24-006]


Sunshine Act Meetings

Agency Holding the Meeting:  United States International Trade 
Commission.

TIME AND DATE: February 9, 2024 at 11:00 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. Commission vote on Inv. Nos. 701-TA-703 and 731-TA-1661-1663 
(Preliminary)(Glass Wine Bottles from Chile, China, and Mexico). The 
Commission currently is scheduled to complete and file its 
determinations on February 12, 2024; views of the Commission currently 
are scheduled to be completed and filed on February 20, 2023.
    5. Outstanding action jackets: none.

CONTACT PERSON FOR MORE INFORMATION: Sharon Bellamy, Supervisory 
Hearings and Information Officer, 202-205-2000.
    The Commission is holding the meeting under the Government in the 
Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, 
subject matter listed above, not disposed of at the scheduled meeting, 
may be

[[Page 6550]]

carried over to the agenda of the following meeting.

    By order of the Commission.

    Issued: January 30, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-02079 Filed 1-30-24; 11:15 am]
BILLING CODE 7020-02-P