alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-4520

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DAVID FREEMAN NIBERT,

Defendant - Appellant.

Appeal from the United States District Court for the Southern

District of West Virginia, at Huntington. Robert C. Chambers,

District Judge. (3:05-cr-00206-ALL)

Submitted: December 20, 2006 Decided: January 12, 2007

Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne,

Appellate Counsel, David R. Bungard, Assistant Federal Public

Defender, Charleston, West Virginia, for Appellant. Charles T.

Miller, United States Attorney, Stephanie L. Haines, Assistant

United States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

David Nibert appeals his sentence for transporting a

minor across state lines to engage in sexual activity, a violation

of 18 U.S.C. § 2423(a) (2000). Finding no reversible error, we

affirm. 

Nibert first argues that the district court erred in its

application of U.S. Sentencing Guidelines Manual (USSG) § 3A1.1

(2005) by not specifying how the victim was particularly vulnerable

to the offense. In reviewing the calculation of the advisory

sentencing guideline range, this court “review[s] the district

court’s legal conclusions de novo and its factual findings for

clear error.” United States v. Hampton, 441 F.3d 284, 287 (4th

Cir. 2006). We find that the district court did not clearly err in

its determination of the victim’s unusual vulnerability and

Nibert’s targeting of that vulnerability pursuant to our decision

in United States v. Singh, 54 F.3d 1182, 1190-91 (4th Cir. 1995).

Nibert also argues that the district court clearly erred

in denying him a sentence reduction for acceptance of

responsibility, USSG § 3E1.1 (2005). United States v. May, 359

F.3d 683, 688 (4th Cir. 2004). We conclude from the materials

before us on appeal that the district court did not clearly err in

refusing to apply an acceptance of responsibility downward

adjustment.
- 3 -

Accordingly, we affirm Nibert’s sentence. 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
[Federal Register Volume 89, Number 26 (Wednesday, February 7, 2024)]
[Notices]
[Page 8478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02451]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 12320]


Notice of Determinations; Culturally Significant Object Being 
Imported for Exhibition--Determinations: ``New Worlds: Women to Watch 
2024'' Exhibition

SUMMARY: Notice is hereby given of the following determinations: I 
hereby determine that a certain object being imported from abroad 
pursuant to an agreement with its foreign owner or custodian for 
temporary display in the exhibition ``New Worlds: Women to Watch 2024'' 
at the National Museum of Women in the Arts, Washington, District of 
Columbia, and at possible additional exhibitions or venues yet to be 
determined, is of cultural significance, and, further, that its 
temporary exhibition or display within the United States as 
aforementioned is in the national interest. I have ordered that Public 
Notice of these determinations be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Reed Liriano, Program Coordinator, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6471; email: <a href="/cdn-cgi/l/email-protection#23504640574a4c4d1117161a6350574257460d444c55"><span class="__cf_email__" data-cfemail="ddaeb8bea9b4b2b3efe9e8e49daea9bca9b8f3bab2ab">[email protected]</span></a>). The mailing address is U.S. 
Department of State, L/PD, 2200 C Street NW (SA-5), Suite 5H03, 
Washington, DC 20522-0505.

SUPPLEMENTARY INFORMATION: The foregoing determinations were made 
pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 
of August 28, 2000, and Delegation of Authority No. 523 of December 22, 
2021.

Nicole L. Elkon,
Deputy Assistant Secretary for Professional and Cultural Exchanges, 
Bureau of Educational and Cultural Affairs, Department of State.
[FR Doc. 2024-02451 Filed 2-6-24; 8:45 am]
BILLING CODE 4710-05-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
104TH CONGRESS

2D SESSION S. 528

AN ACT

To authorize the Secretary of Transportation to issue a

certificate of documentation and coastwise trade endorsement for three vessels.

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

S 528 ES

1 SECTION 1. COASTWISE TRADE AUTHORIZATION FOR

2 HOVERCRAFT.

3 Notwithstanding section 27 of the Merchant Marine

4 Act, 1920 (46 U.S.C. App. 883), the Act of June 19, 1886

5 (46 U.S.C. App. 289), and sections 12106 and 12107 of

6 title 46, United States Code, the Secretary of Transpor7 tation may issue a certificate of documentation with a

8 coastwise endorsement for each of the vessels IDUN VI9 KING (Danish Registration number A433), LIV VIKING

10 (Danish Registration number A394), and FREJA VI11 KING (Danish Registration number A395) if—

12 (1) all repair and alteration work on the vessels

13 necessary to their operation under this section is

14 performed in the United States;

15 (2) a binding contract for the construction in

16 the United States of at least 3 similar vessels for the

17 coastwise trade is executed by the owner of the ves18 sels within 6 months after the date of enactment of

19 this Act; and

20 (3) the vessels constructed under the contract

21 entered into under paragraph (1) are to be delivered
3

S 528 ES

1 within 3 years after the date of entering into that

2 contract.

Passed the Senate July 29, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 528

AN ACT

To authorize the Secretary of Transportation to

wise trade endorsement for three vessels.issue a certificate of documentation and coast-
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 369 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                 S. 369

_______________________________________________________________________

                                 AN ACT

 
    To designate the Federal Courthouse in Decatur, Alabama, as the 
   ``Seybourn H. Lynne Federal Courthouse'', and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. DESIGNATION.

    The Federal Courthouse in Decatur, Alabama, is designated as the 
``Seybourn H. Lynne Federal Courthouse''.

SEC. 2. LEGAL REFERENCES.

    Any reference in any law, regulation, document, record, map, or 
other paper of the United States to the building referred to in section 
1 is deemed to be a reference to the Seybourn H. Lynne Federal 
Courthouse.
            Passed the Senate August 9 (legislative day, July 10), 
      1995.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                 S. 369

_______________________________________________________________________

                                 AN ACT

    To designate the Federal Courthouse in Decatur, Alabama, as the 
   ``Seybourn H. Lynne Federal Courthouse'', and for other purposes.
```
Exhibit
      32.2





**CERTIFICATION
      OF CHIEF FINANCIAL****OFFICER**


**LEV
      PHARMACEUTICALS, INC.**


**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 Lev Pharmaceuticals, Inc. (the
“Company”) on Form 10-QSB for the period ending March 31, 2007 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Douglas
      J. Beck, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
      ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act,
      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: May
              15,
              2007
            
            /s/ Douglas
              J. BeckDouglas
                J. Beck
              Chief
                  Financial Officer




*This
      Certification is being furnished solely to accompany the Report pursuant to
      18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, and shall not be deemed “filed” by the Company for
      purposes of Section 18 of the Securities Act of 1933, as amended, or the
      Securities Exchange Act of 1934, as amended, whether made before or after the
      date of this Report, irrespective of any general incorporation language
      contained in such filing. A signed original of this written statement required
      by Section 906 has been provided to Lev Pharmaceuticals, Inc. and will be
      retained by Lev Pharmaceuticals, Inc. and furnished to the Securities and
      Exchange Commission or its staff upon request* *.*
Exhibit 31.4

CERTIFICATION

I, Thomas J. Ferree, Chief Financial Officer and Treasurer of Paperweight Development Corp., certify
that:

1. I have reviewed this quarterly report on Form 10-Q of Paperweight Development Corp.;

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;

3. Based on my
knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods
presented in this report;

4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls
and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) Designed such
disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us
by others within those entities, particularly during the period in which this report is being prepared;

b) Evaluated the
effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on
such evaluation; and

c) Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and

5. The registrants other certifying officer(s) and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.

Date: November 13, 2006



|           |  |                                      
|---------- |  | -------------------------------------
|Signature: |  | /s/ Thomas J. Ferree                 
|           |  | Thomas J. Ferree                     
|           |  | Chief Financial Officer and Treasurer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-6950

LESLIE ANTHONY WEBSTER,

Plaintiff - Appellant,

versus

LIEUTENANT JONES; DEPUTY ATKINSON, a/k/a

Deputy Atkins; SERGEANT STEWARD,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge.

(CA-94-490-R)

Submitted: March 21, 1996 Decided: April 2, 1996

Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Leslie Anthony Webster, Appellant Pro Se. William Fain Rutherford,

Jr., Elizabeth Kay Dillon, Kevin Scott Blair, WOODS, ROGERS, &

HAZLEGROVE, Roanoke, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying

relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Webster v. Jones, No. CA-94-490-R (W.D. Va. May 19, 1995).

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
INDEPENDENT AUDITORS' CONSENT



The Board of Directors
Ugly Duckling Corporation:

We consent to the  incorporation by reference in the registration  statements of
Ugly Duckling  Corporation on Form S-3 (File No. 333-31531) filed as of July 18,
1997, as amended by  pre-effective  amendment No. 1 to Form S-3 filed as of July
30, 1997; Form S-3 (File No. 333-22237) filed as post-effective  amendment No. 2
to Form S-1 as of July 18, 1997; Form S-8 (File No. 333-32313) for Ugly Duckling
Corporation  Long-Term  Incentive Plan filed as of July 29, 1997; Form S-8 (File
No. 333-08457) for Ugly Duckling  Corporation  Long-Term Incentive Plan filed as
of July 19, 1996;  Form S-8 (File No.  333-06615) for Ugly Duckling  Corporation
Director  Incentive  Plan  filed as of June 21,  1996;  and Form S-8  (File  No.
333-72717) for Ugly Duckling  Corporation 1998 Executive Incentive Plan filed as
of February 22, 1999,  of our report dated  February  18, 1999,  relating to the
consolidated  balance sheets of Ugly Duckling Corporation and subsidiaries as of
December  31,  1998  and  1997,  and  the  related  consolidated  statements  of
operations,  stockholders'  equity  and cash  flows for each of the years in the
three-year  period ended December 31, 1998, which report appears in the December
31, 1998, annual report on Form 10-K of Ugly Duckling Corporation.


                                        KPMG LLP

Phoenix, Arizona
March 26, 1999
From:Caryn Muellerleile/DC/USEPA/USTo:Lisa Heinzerling/DC/USEPA/US@EPA,Gina McCarthy/DC/USEPA/US@EPA, Nicole Owens/DC/USEPA/US@EPA, Lori Stewart/DC/USEPA/US@EPA, Don Zinger/DC/USEPA/US@EPA, ChetFrance/AA/USEPA/US@EPA, Pat Scoville/DC/USEPA/US@EPA, Tanya Meekins/DC/USEPA/US@EPA, Robin Moran/AA/USEPA/US@EPA, William Charmley/AA/USEPA/US@EPA, EdNam/AA/USEPA/US@EPA, Steven Silverman/DC/USEPA/US@EPA, John Hannon/DC/USEPA/US@EPA, Tad Wysor/AA/USEPA/US@EPA, Patricia Grim/DC/USEPA/US@EPA, PaulBalserak/DC/USEPA/US@EPA, Mariana Cubeddu/DC/USEPA/US@EPADate:03/04/2010 09:58 PMSubject:Re: Fw: LD GHG Final Rule Pkg (Preamble, Regs) to OAR for OMBAll -The light duty package has been transmitted to OMB.with the following documents:
Exhibit 32








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 Norwood Financial Corp. (the Company) on Form 10-K for the year ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), We, Lewis J. Critelli, President and Chief Executive Officer and William S. Lance, Senior Vice President and 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:





(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/ Lewis J. Critelli

/s/ William S. LanceLewis J. Critelli

William S. LancePresident and Chief Executive Officer

Senior Vice President and Chief Financial Officer








March 10, 2011
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Jeremy Dion Washington v. The State of Texas

Appellate case number: 01

- 1 3

- 00 227

- CR

Trial court case number: 1 862644

Trial court: County Criminal Court at Law No. 8 of Harris County

A ppellee, The State of Texas, has filed a “Motion to Reinstate Appeal” and a “Joint Motion to Reinstate Appeal,” representing that counsel for appellant, Jeremy Dion Washington, joins the motion to reinstate the appeal. The State requests that we reinstate the appeal or, alternatively, order the trial court to conduct an abatement hearing regarding the status of the reporter’s record.

On July 10, 2014, t his case w as abated and remanded to the trial court to determine

whether portions of the trial court proceedings were omitted from the reporter’s record filed in this Court, whether any omitted portions were lost or destroyed

, and whether any omitted portions that w ere lost or destroyed could be replaced. On July 14, 2014, t he court reporter filed

additional volumes of the reporter’s record with the Court

. On February 26, 2015, the trial court held a hearing on the status of the reporter’s record. On February 27, 201 5, the trial court signed findings of fact, stating that counsel for the State and appellant appeared at the February 26, 2015 hearing, and “agreed that the reporter’s record is currently acceptable for purposes of returning the case to the Court of Appeal s active docket.” Accordingly, we GRANT in part the “Joint Motion to Reinstate Appeal,” and DISMISS as moot the State’s request that we order the trial court to conduct a hearing. We DISMISS as moot the State’s “Motion to Reinstate Appeal.” Finally, we REI

NSTATE this case on the Court’s active docket.

Appellant’s brief is ORDERED to be filed no later than 30 days from the date of this

order. See T EX

. R. A PP

. P . 38.6(a). Appellee’s brief, if any, is ORDERED to be filed no later than 30 days from the date that appellant’s brief is filed. See T EX

. R. A PP

. P. 38.6(b).

It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd

 Acting individua lly

Date: March 17, 2015
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 275 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 275

 To establish a temporary moratorium on the Interagency Memorandum of 
 Agreement Concerning Wetlands Determinations until enactment of a law 
that is the successor to the Food, Agriculture, Conservation, and Trade 
                  Act of 1990, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 10), 1995

    Mr. Grassley (for himself, Mr. Bond, Mr. Burns, Mr. Helms, Mr. 
  McConnell, Mr. Pressler, and Mr. Nickles) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
 To establish a temporary moratorium on the Interagency Memorandum of 
 Agreement Concerning Wetlands Determinations until enactment of a law 
that is the successor to the Food, Agriculture, Conservation, and Trade 
                  Act of 1990, and for other purposes.

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

SECTION 1. TEMPORARY MORATORIUM ON THE INTERAGENCY MEMORANDUM OF 
              AGREEMENT CONCERNING WETLANDS DETERMINATIONS.

    (a) In General.--Notwithstanding any other provision of law, during 
the period beginning on the date of enactment of this Act and ending on 
the date of enactment of a law that is the successor to the Food, 
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624), 
the Secretary of Agriculture, the Secretary of the Army, the Secretary 
of the Interior, and the Administrator of the Environmental Protection 
Agency may not carry out--
            (1) the Interagency Memorandum of Agreement Concerning 
        Wetlands Determinations for Purposes of Section 404 of the 
        Clean Water Act and Subtitle B of the Food Security Act (59 
        Fed. Reg. 2920) (referred to in this section as the 
        ``Memorandum of Agreement''); or
            (2) any method of delineating wetlands based on the 
        Memorandum of Agreement for purposes of carrying out subtitle C 
        of title XII of the Food Security Act of 1985 (16 U.S.C. 3821 
        et seq.) or section 404 of the Federal Water Pollution Control 
        Act (33 U.S.C. 1344).
    (b) Savings Provision.--Wetlands may be delineated based on a 
policy or practice in effect prior to the proposed effective date of 
the Memorandum of Agreement. This Act shall not constitute acceptance 
or approval of the policy or practice.
                                 <all>
```
THE STATE OF TEXAS 

### M A N D A T E

TO THE 175TH JUDICIAL DISTRICT COURT OF BEXAR COUNTY, GREETINGS:

Before our Court of Appeals for the Fourth District of Texas on May 20, 2015, the cause upon appeal to revise

or reverse your judgment between

Joshua Orcasitas, Appellant(s)

V.

The State of Texas, Appellee(s)

No. 04

- 14

- 00130

- CR and Tr. Ct. No. 2012CR7776

was determined, and therein our Court of Appeals made its order in these words:



## In accordance with this court’s opinion of this date, the judgment of the

trial court is AFFIRMED.

WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals for the Fourth

District of Texas, in this behalf and in all things have the order duly recognized, obeyed, and executed.

Witness the Hon. Sandee Bryan Marion, Chief Justice of the Court of Appeals for the Fourth District of Texas,

with the seal of the Court affixed and the City of San Antonio on October 13, 2015.

KEITH E. HOTTLE, CLERK

Cynthia A. Martinez

Deputy Clerk, Ext. 53853