alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED June 21, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-50656 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE TEPEZANO-AVILA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:98-CR-301-ALL

-------------------- Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM: * Jose Tepezano-Avila (Tepezano), federal prisoner # 85628- 080, appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion, wherein he argued that Amendment 668 to the Sentencing Guidelines should be applied to the calculation of his offense level under U.S.S.G. § 2D1.1(a)(3). Amendments to the Sentencing Guidelines may not be applied retroactively upon a motion under § 3582(c)(2) unless they are specifically set forth in U.S.S.G. § 1B1.10(c). See U.S.S.G.No. 05-50656 -2- § 1B1.10(a), p.s. (Nov. 2005). Amendment 668 is not listed in § 1B1.10(c) and therefore may not be applied retroactively under Tepezano’s motion. See United States v. Drath , 89 F.3d 216, 218 (5th Cir. 1996)(amendment not listed in § 1B1.10(c) “cannot be given retroactive effect in the context of a § 3582(c)(2) motion”). Accordingly, the district court did not abuse its discretion when it denied Tepezano’s § 3582(c)(2) motion.
AFFIRMED.
SPECIAL POWER OF ATTORNEY
                            (for Ernest C. Garcia II)


KNOW ALL MEN BY THESE PRESENTS,  that the  undersigned  constitutes and appoints
Gregory B. Sullivan,  Steven T. Darak, and Steven P. Johnson,  and each of them,
his true and lawful  attorney-in-fact  and agent with full power of substitution
and  resubstitution,  for him and in his name,  place, and stead, in any and all
capacities,  to sign the Annual  Report on Form 10-K for the  fiscal  year ended
December  31,  1998,  for filing with the  Securities  and  Exchange  Commission
("SEC") by Ugly Duckling Corporation, a Delaware corporation,  together with any
and all  amendments  to such Form 10-K,  and to file the same with all  exhibits
thereto,  and all documents in connection  therewith,  with the SEC, granting to
such attorneys-in-fact and agents, and each of them, full power and authority to
do and perform each and every act and thing  requisite  and necessary to be done
in and about the premises,  as fully and to all intents and purposes as he might
or  could  do  in  person,   hereby  ratifying  and  confirming  all  that  such
attorneys-in-fact  and agents,  or each of them,  may lawfully do or cause to be
done by virtue hereof.



DATE: February 25, 1999



                                                         /S/ ERNEST C. GARCIA II
                                                     ---------------------------
                                                             ERNEST C. GARCIA II
Exhibit 31.1                               CERTIFICATION

I, John Bohringer, certify that:

1.    I have reviewed this quarterly report on Form 10-QSB of Cell Wireless Corporation;

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 whichsuch 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 flowsof the registrant as of, and for, the periods presented in this report;

4.    The registrant's other certifying officers 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 registrantand have:

a)      Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under 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, asof 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 fiscalquarter 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 theregistrant'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: August 22 , 2005         By: /s/ John Bohringer

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

President and Chief Executive Officer

                              (Principal Executive Officer)
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice: 12315]

# SUMMARY:

                        Notice is hereby given of the following determinations: I hereby determine that certain objects being imported from abroad pursuant to an agreement with their foreign owner or custodian for temporary display in the exhibition “Guillaume Lethière” at the Sterling and Francine Clark Art Institute, Williamstown, Massachusetts, and at possible additional exhibitions or venues yet to be determined, and for temporary conservation at the Williamstown + Atlanta Art Conservation Center, Williamstown, Massachusetts, and at possible additional venues yet to be determined, are of cultural significance, and, further, that their temporary conservation and 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:                         *section2459@state.gov*). 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. 2024-02080 Filed 2-1-24; 8:45 am]

BILLING CODE 4710-05-P
S. 369

One Hundred Fourth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the fourth day of January, one thousand nine hundred and ninety-five

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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
Exhibit 32.2

AMN Healthcare Services, Inc.

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 AMN Healthcare Services, Inc. (the Company) on Form 10-Q for the period ended
March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Bary G. Bailey, Chief Accounting 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.

Date: May 7, 2010



/S/    BARY G.
BAILEYBary G. BaileyChief Accounting Officer,
Chief Financial Officer and Treasurer
(Principal Accounting and Financial Officer)
**Exhibit 31.5**

 

I, Dale E. Parker, President of WTA Inc., certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of Appleton Papers Inc.; 

 

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 tomake 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 financialcondition, 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 officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and we have: 

 

a) Designedsuch 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 knownto 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 endof the period covered by this report based on such evaluation; 

 

c) disclosed inthis 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 hasmaterially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to theregistrant’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 adverselyaffect 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. 

 

Date: August 11, 2003
[No. 34177.

*En Banc.*

November 19, 1959.]

#### *In the Matter of the Application for a Writ of Habeas Corpus of*Earl Johnnie, *Petitioner,*v. Robert J. Rhay, *as Acting Superintendent of the State Penitentiary, Respondent.*
      *1*

*114
      *Frederick W. Post,*for petitioner.

*The Attorney General*and *Michael R. Alfieri, Assistant,*for respondent.

Reported in 346 P. (2d) 657.

Weaver, C. J.

Earl Johnnie was charged with the crime of carnal knowledge of a four-year-old female child. When arraigned before the superior court of Whatcom county, Johnnie waived counsel and entered a plea of guilty; was adjudged guilty; and sentenced to the state penitentiary for life.

Johnnie’s petition for a writ of *habeas corpus*and the return and answer thereto raised issues of fact which could not be determined by this court from the face of the record; hence, we referred the matter to the trial court. See Rule on Appeal 56 (5), RCW, Vol. 0.

The superior court of Whatcom county found, among other things,

> “That at the time of the arraignment the accused was not informed of his right to counsel or of the fact that the State would provide counsel without expense to the petitioner if he lacked means; that at no other time prior to the arraignment or to the accused’s pleading to the information was such information given the accused.”

We adopt this finding of fact made by the superior court.

In these circumstances, we have held that a defendant has not competently waived his right to counsel; and that he has been deprived of rights guaranteed by amendment 10 of the state constitution and amendment 14 of the federal constitution. *In re Friedbauer v. State,*51 Wn. (2d) 92, 316 P. (2d) 117 (1957), and cases cited.

The judgment and sentence of the superior court of the state of Washington for Whatcom county is hereby vacated; and Earl Johnnie is remanded to the custody of the sheriff of Whatcom county to answer the charge of the information; and the superior court for that county shall deal with him according to law and in a manner consistent with the views expressed herein.

It is so ordered.

All Concur.
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Food and Drug Administration

          - [Docket No. FDA-2024-D-0361]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Correction.

# SUMMARY:

                        The Food and Drug Administration (FDA) is correcting a notice that appeared in the                         **Federal Register**                         on December 21, 2023. The document announced the availability of a final guidance for industry entitled “Development of Monoclonal Antibody Products Targeting SARS-CoV-2 for Emergency Use Authorization.” The document was published with an incorrect docket number. This document corrects that error.                    

# FOR FURTHER INFORMATION CONTACT:

Maria Clary, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 75, Rm. 4638, Silver Spring, MD 20993-0002, 240-402-8615.

# SUPPLEMENTARY INFORMATION:

                    In the                     **Federal Register**                     of December 21, 2023 (88 FR 88401), in FR Doc. 2023-28092, the following correction is made:                

                    1. On page 88401, in the first column in the header of the document, and in the                     **ADDRESSES**                     section, in the second and third lines of the first paragraph, the Docket No. is corrected to read “Docket No. FDA-2024-D-0361.”                

Dated: January 25, 2024.

Lauren K. Roth,

Associate Commissioner for Policy.

[FR Doc. 2024-01836 Filed 1-30-24; 8:45 am]

BILLING CODE 4164-01-P
Date:
December 14, 2009
 Exhibit
31
  CERTIFICATION
  I, Joel
Gardner, President, CEO, Principal Financial Officer and Principal Accounting
Officer, certify that:
  1. I have
reviewed this quarterly report on Form 10-Q of Megola, Inc.;
  2. Based
on my knowledge, this quarterly 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 quarterly
report;
  3. Based
on my knowledge, the financial statements, and other financial information
included in this quarterly 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 quarterly report;
  4. I am
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 we 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 is made known to us by others
within the Corporation, particularly during the period in which this quarterly
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 that has materially affected, or is reasonably likely to materially
affect, the registrant's internal control over financial reporting;
and
  5. I have
disclosed, based on my 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 function):
  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:
      December 14, 2009/s/
      JOEL GARDNERJoel
      GardnerPresident,
      CEO, Principal Financial Officer and Principal Accounting
      Officer
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

WANDA C. PIETKIEWICZ

v.

ALVIN KANOFSKY AND CITY OF 

BETHLEHEM

PETITION OF: ALVIN KANOFSKY

:

:

:

:

:

:

:

:

:

:

:

No. 766 MAL 2016

Petition for Allowance of Appeal from 

the Order of the Commonwealth Court

ORDER

PER CURIAM

AND NOW, this 2nd day of May, 2017, the Petition for Allowance of Appeal is 

DENIED.
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

Pursuant to Section 906 of the Corporate Fraud Accountability Act of 2002 (18 U.S.C. § 1350, as adopted), Anthony E. Altig, Chief Financial
Officer of Maxim Pharmaceuticals, Inc. (the "Company"), hereby certifies that to the best of his knowledge:

In Witness Whereof,the undersigned has set his hands hereto as of the 20th day of December, 2002.

| |  | /s/ ANTHONY E. ALTIGAnthony E. Altig, Chief Financial Officer
| |  | -------------------------------------------------------------

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