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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7739

JAMON DAMON DOWNING, Petitioner - Appellant,

v. GENE M. JOHNSON, Director, Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, District Judge. (2:08-cv-00013-MSD-JEB)

Submitted: February 26, 2009 Decided: March 5, 2009

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jamon Damon Downing, Appellant Pro Se. James Robert Bryden, II, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Jamon Damon Downing seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district

court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000);

Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Downing has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. 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.

DISMISSED
<PAGE>   1

                                                                    EXHIBIT 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS

        We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (Nos. 333-11307, 333-11277, 333-47581 and 333-55823) of
RemedyTemp, Inc. of our report dated November 13, 1998, appearing on page 25 of
the Annual Report to Shareholders which is incorporated by reference in this
Annual Report on Form 10-K. We also consent to the incorporation by reference of
our report on the Financial Statement Schedule, which appears on page 16 of this
Form 10-K.


                                               /s/ PRICEWATERHOUSECOOPERS LLP
                                               ---------------------------------
                                                   PricewaterhouseCoopers LLP


Costa Mesa, California
December 21, 1998
**EXHIBIT 32.2**

 

# **Co-Registrant(Commission File Number 000-30761):**

# ** **

**UbiquiTelInc.**

**OneWest Elm Street**

**Suite400**

**Conshohocken, Pennsylvania 19428**

 

**Co-Registrant (Commission File Number333-39950):**

 

**UbiquiTel Operating Company**

**One West Elm Street**

**Suite 400**

**Conshohocken, Pennsylvania 19428**

 

 

# **CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED**

## **PURSUANT TO SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

 

In connection with the Quarterly Report of UbiquiTel Inc. and UbiquiTelOperating Company on Form 10-Q for the quarterly period ended March 31, 2006 asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),I, James J. Volk, Chief Financial Officer of UbiquiTel Inc. and UbiquiTelOperating Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)  The Report fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

(2)  The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of UbiquiTel Inc. and UbiquiTel Operating Company.

 
|   | UBIQUITEL INC.              |
|--------|-----------------------------|
|   |                        |
|   |                        |
|   | */s/ James J. Volk*         | * * |
|   | James J. Volk               |
|   | Chief Financial Officer     |
|   |                        |
|   |                        |
|   | UBIQUITEL OPERATING COMPANY |
|   |                        |
|   |                        |
|   | */s/ James J. Volk*         | * * |
|   | James J. Volk               |
|   | Chief Financial Officer     |
|   |                        |
|   |                        |
|   | May 10, 2006                |

 

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

v.  No. 00-4437

KYLE G. MITCHELL,

Defendant-Appellant. 

Appeal from the United States District Court

for the Southern District of West Virginia, at Beckley.

David A. Faber, District Judge.

(CR-99-162)

Submitted: December 8, 2000

Decided: January 11, 2001

Before WIDENER, WILKINS, and NIEMEYER, Circuit Judges.

Affirmed by unpublished per curiam opinion. 

COUNSEL

Mary Lou Newberger, Acting Federal Public Defender, Edward H.

Weis, First Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Rebecca A. Betts, United States Attorney, John

L. File, Assistant United States Attorney, Charleston, West Virginia,

for Appellee. 
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 

OPINION

PER CURIAM: 

Kyle G. Mitchell appeals his conviction and sentence for conspiracy to possess with intent to distribute and distribution of cocaine in

violation of 21 U.S.C.A. § 846 (West 2000). Finding no reversible

error, we affirm. 

On appeal, Mitchell contends that the Supreme Court’s recent decision in Apprendi v. New Jersey, 530 U.S. ___, 120 S. Ct. 2348 (2000),

requires that his conviction and sentence be vacated. Because Mitchell’s sentence of 135 months’ imprisonment and five years’ supervised release does not exceed the twenty-year statutory maximum

term of imprisonment or unspecified maximum term of supervised

release set out in 21 U.S.C.A. § 841(b)(1)(C) (West 1999) for the core

offense without enhancement for drug quantity, we find that his sentence is permissible under Apprendi. See United States v. Angle, 230

F.3d 113 (4th Cir. 2000); United States v. Aguayo-Delgado, 220 F.3d

926, 933 (8th Cir.), cert. denied, ___ U.S. ___, 2000 WL 1634209

(U.S. Nov. 27, 2000) (No. 00-6746). Accordingly, we affirm Mitchell’s conviction and 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

2 UNITED STATES v. MITCHELL
<PAGE>   1
                       IRVINE APARTMENT COMMUNITIES, INC.
                 REPORT OF INDEPENDENT AUDITORS ON SCHEDULE III

                                  Exhibit 23.1

Our audits also included the financial statement schedule listed in Item 14.
This schedule is the responsibility of the Company's management. Our
responsibility is to express an opinion based on our audits. In our opinion, the
financial statement schedule referred to above, when considered in relation to
the basic financial statements taken as a whole, presents fairly in all material
respects the information set forth therein.


                                                               ERNST & YOUNG LLP


Newport Beach, California
January 31, 1997
lb/day tpy lb/day tpy 

DR‐WC‐01 Tubing	Running	Pumps ‐ ‐ ‐ ‐ DR‐WC‐02 Fluid	Filtration	Pack ‐ ‐ ‐ ‐ DR‐WC‐03 E‐Line	Power	Pack ‐ ‐ ‐ ‐ DR‐WC‐07 CT	Power	Pack ‐ ‐ ‐ ‐ DR‐WC‐08 CT	Pump ‐ ‐ ‐ ‐ 

All	sources	with	EPN	starting	with	TB Tug ‐ ‐ 483,771 5,079 

BG‐LP‐01 Barge ‐ ‐ 14,843 155.8

DR‐WC‐05 Flowback	Boiler 30,573 91.72 30,573 91.7DR‐WC‐06 Boom	Flare 7,017,777 21,053 4,678,519 14,03DR‐WC‐04 Slickline	Power	Pack ‐ ‐ ‐ ‐ 

All	sources	starts	with	SV Stimulation	Vessel	Engines ‐ ‐ ‐ ‐ 

DR‐GE‐01	through	DR‐GE‐07 Drillship	Main	Engines	and	Emergency	Generator 231,249 24,094 185,000 19,27

All	sources	with	EPN	starting	with		SB Supply	Boats 129,022 20,081 ‐ ‐ 

DR‐PO‐01 Painting	(paint	+	thinner) ‐ ‐ ‐ ‐

DR‐WC‐09,	DR‐WC‐10 Wire	Line	Engines	no.	3	and	4 ‐ ‐ ‐ ‐ 

DR‐GE‐08 ROV	Emergency	Generator 486.75 24.34 486.75 24.34 DR‐AC‐01 Air	Compressor	Diesel	Engine	#1 10.31 0.54 10.31 0.54 DR‐AC‐02 Air	Compressor	Diesel	Engine	#2 8.59 0.45 8.59 0.45 

DR‐EC‐01	through	DR‐EC‐06 Escape	Capsule	Diesel	Engine	no.	1	to	6 122.55 12.25 122.55 12.2

DR‐FL‐01 Diesel	Powered	Forklift	Engine 412.31 42.88 274.87 28.58 

DR‐FR‐01 Fast	Rescue	Craft 131.71 13.17 131.71 13.1

DR‐WB‐01 Water	Blasting	Engine 2,859 297.30 2,859 297.3

DR‐DC‐01	through	DR‐DC‐03 Dust	Collectors	no.	1	to	3 ‐ ‐ ‐ ‐

DR‐WO‐01 Welding ‐ ‐ ‐ ‐

DR‐DT‐01	through	DR‐DT‐09 Nine	Drill	Ship	Diesel	Storage	Tanks ‐ ‐ ‐‐

DR‐FT‐01	through	DR‐FT‐03 Three	Drill	Ship	Jet	Fuel	Storage	Tanks‐ ‐ ‐ ‐ 

DR‐FE‐01 Drillship	Fugitive	Emissions ‐ ‐ ‐ ‐

DR‐VG‐01 Mud	Degasser	Vent 3,231 336 3,231 336 

WC‐CT‐01	through	WC‐CT‐03 Well	Completion	Condensate	Tanks	1	to	3‐ ‐ ‐ ‐ 

7,415,883 66,047 5,399,830 39,35

Table 13. Well Completion Scenario

– GHG Emissions

EPN(s) Air Emission Sources Gas	Well	Completion Oil	Well	Completion 

Scenario 1 Scenario

2

Total Emissions
#### Charles Wayne GRANTHAM, Appellant, v. The STATE of Texas, Appellee.

No. 34982.

Court of Criminal Appeals of Texas.

Nov. 14, 1962.

*883No attorney on appeal, for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

McDonald, judge.

Appellant was convicted in the District Court of El Paso County of the offense of robbery by assault, with punishment assessed at five years’ confinement in the penitentiary.

There is no statement of facts. The transcript contains two formal bills of exception.

Both of these bills urge as error the admissibility of certain testimony by state’s witnesses to the effect that the reputation of the appellant as a peaceable law-abiding citizen was bad. Appellant’s counsel moved the court to strike the testimony of these witnesses for the reason that the witnesses were not shown to be qualified to testify as character witnesses. Both bills bring forward the complained-of testimony of the two witnesses. The trial court qualified both bills, as follows:

> “The foregoing bill of exception * * * having been by me submitted to counsel for the State of Texas and found by him and by me to be correct as to testimony from the record is *qualified by the Court to reflect other testimony of the witness as reflected in the Statement of Facts.”*

Appellant did not file a statement of facts to show the other testimony of the witnesses, nor did he resort to bystanders’ bills as required by Art. 760d, Vernon’s Ann. C.C.P.

There is nothing for thi* court to review. The bills, however, as originally drawn, have been examined and do not reflect error. Campos v. State, Tex.Cr.App., 356 S.W.2d 317; Cook v. State, Tex.Cr.App., 356 S.W.2d 149.

The judgment of the trial court is affirmed.
<PAGE>

                                 AMENDMENT TO
                             CONSULTING AGREEMENT

     FIRST AMENDMENT dated December 17, 1997 to Consulting Agreement, dated
as of October 1, 1994, between First Gibraltar (Parent) Holdings Inc. (now 
known as Trans Network Insurance Services Inc.) and Gerald J. Ford (the 
"Consultant").

     WHEREAS, the parties entered into a Consulting Agreement dated as of 
October 1, 1994 (the "Consulting Agreement"); and

     WHEREAS, Trans Network Insurance Services Inc. has heretofor transferred
and assigned all of its rights and obligations under the Consulting Agreement
to First Nationwide Management Corp.; and

     WHEREAS, the parties wish to make certain amendments to the Employment
Agreement.

     NOW THEREFORE, the parties agree as follows:

     1. Section 3 is hereby amended by deleting "October 1, 1994 through
December 31, 1997" and inserting in lieu thereof "January 1, 1998 through
December 31, 2000".

     2. Section 4(a) is hereby amended by deleting clause (ii)(A), (B) and
(C) thereof and inserting in lieu thereof the following:

     "(ii) for the three calendar years beginning January 1, 1998 
     an annual consulting fee as follows: (A) $2,000,000 for the 
     year ended December 31, 1998, (B) $2,200,000 for the year 
     ended December 31, 1999 and (C) $2,400,000 for the year ended
     December 31, 2000 (or for any year such greater amount as may be
     approved by the Company's Board of Directors from time to time)."

     4. The parties agree that expect as expressly

<PAGE>


amended hereby, the Agreement as amended hereby shall be in full force and 
effect.

     IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.

                                        FIRST NATIONWIDE MANAGEMENT CORP.


                                        By: /s/ Barry F. Schwartz
                                           ---------------------------------
                                           Barry F. Schwartz
                                           Executive Vice President


                                        /s/ Gerald J. Ford
                                        ------------------------------------
                                        Gerald J. Ford


                                        2
|   | (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/ ROBERT F.      MANGANO                    |
|----------------------------------------------------|
| Name:                                         | Robert F.      Mangano |
| Title:                                             | President and Chief      Executive Officer |
| Date:                                         | May 15, 2008 |
|                                               |   |
|                                               |   |
|                                               |   |
| /s/ JOSEPH M.      REARDON     |
| Name:                                         | Joseph M.      Reardon |
| Title:                                        | Senior Vice      President and Treasurer |
| Date:                                    | May 15,  2008 |

----
**Exhibit 31.2**

 

CERTIFICATION OF CHIEF FINANCIAL OFFICER

 

I, Edileen Salicrup, Chief Financial Officer of ClearComm, L.P.,certify that:

 

1.               I have reviewed this annual report ofClearComm, L.P.;

 

2.               Based on my knowledge, this report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.               Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4.               The registrant’s other certifyingofficer(s) and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

(a)           Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

(b)           Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

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

 

5.               The registrant’s other certifyingofficer(s) and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performingthe equivalent functions):

 

(a)           All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

(b)           Any fraud, whetheror not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

Date: June 1, 2005

 
|   |   | /s/Edileen Salicrup     |
|--------|--------|-------------------------|
|   |   | Edileen Salicrup        |
|   |   | Chief Financial Officer |

 

----
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 364 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 364

   To authorize the Secretary of the Interior to participate in the 
 operation of certain visitor facilities associated with, but outside 
    the boundaries of, Rocky Mountain National Park in the State of 
                               Colorado.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             February 7 (legislative day, January 30), 1995

   Mr. Brown introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
   To authorize the Secretary of the Interior to participate in the 
 operation of certain visitor facilities associated with, but outside 
    the boundaries of, Rocky Mountain National Park in the State of 
                               Colorado.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as ``The Fall River Visitor Center Act of 
1995''.

SEC. 2. EXPENDITURE OF FUNDS OUTSIDE AUTHORIZED BOUNDARY OF ROCKY 
              MOUNTAIN NATIONAL PARK.

    (a) Visitor Center.--The Secretary of the Interior is authorized to 
collect and expend donated funds and expend appropriated funds for the 
operation and maintenance of a visitor center to be constructed for 
visitors to and administration of Rocky Mountain National Park with 
private funds on the privately owned lands described in subsection (b).
    (b) Description of Parcels of Land.--The lands referred to in 
subsection (a) are described as follows: Being land owned by H.W. 
Stewart, Inc., and more particularly described as follows: Beginning at 
the southwest corner of the north one-half of section 16, township 5 
north, range 73 west of the sixth principle meridian, Colorado; thence 
south eighty-seven degrees six minutes east, eight hundred and fifty-
four feet; thence north two degrees west, three hundred and forty-six 
and one-tenth feet to the south boundary of the right-of-way of U.S. 
Highway 34; thence northwesterly along said south boundary nine hundred 
and sixty feet to the west line of said section 16; thence south along 
the west line of said section 16 to the point of beginning.
                                 <all>
```
<PAGE>

                                                                    EXHIBIT 32.2


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of uWink, Inc. (the "Company") on Form
10-Q for the quarter ending September 30, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Peter F. Wilkniss,
Chief Financial Officer and Chief Accounting Officer of the Company, hereby
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(1)   The report fully complies with the requirements of Section 13(a) or 15(d)
      of the Securities Exchange Act of 1934; and

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


November 14, 2008                                   By: /s/ PETER F. WILKNISS
                                                        ------------------------
                                                        Peter F. Wilkniss
                                                        Chief Financial Officer
                                                        Chief Accounting Officer