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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 97-4697

DANIEL RAY MCKINNEY,

Defendant-Appellant.

Appeal from the United States District Court

for the District of South Carolina, at Florence.

Cameron McGowan Currie, District Judge.

(CR-97-80)

Submitted: July 7, 1998

Decided: July 28, 1998

Before MURNAGHAN, WILKINS, and NIEMEYER,

Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Deborah R. J. Shupe, LOUTHIAN & LOUTHIAN, Columbia, South

Carolina, for Appellant. William Earl Day, II, Assistant United States

Attorney, Florence, South Carolina, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
OPINION

PER CURIAM:

Daniel Ray McKinney appeals from the district court's judgment

sentencing him to an eighty-seven month term of imprisonment for

armed robbery of a bank in violation of 18 U.S.C.A.§ 2113 (West

1994 & Supp. 1998). McKinney's attorney has filed a brief pursuant

to Anders v. California, 386 U.S. 738 (1967), certifying that the

appeal does not present any meritorious issues. McKinney was

informed of his right to file a pro se supplemental brief and has not

done so. Because we find no reversible error, we affirm.

The sole issue is whether the court erred by enhancing the sentence

five levels for using a firearm during a robbery. See U.S. Sentencing

Guidelines Manual § 2B3.1(b)(2) (1995). McKinney contends that the

enhancement was in error because the plea agreement required the

Government to dismiss one count of using a firearm in relation to a

crime of violence in violation of 18 U.S.C.A. § 924(c)(1) (West Supp.

1998). McKinney contends that this barred the Government from

seeking the five-level enhancement. The plea agreement specifically

permitted the court to consider information regarding the dismissed

counts in considering relevant conduct for sentencing purposes. This

court has held that conduct embodied by dismissed counts can be considered by the sentencing court. See United States v. Williams, 880

F.2d 804 (4th Cir. 1989). Thus, the court did not err.

Pursuant to the requirements of Anders, this court has reviewed the

record for potential error and has found none. Therefore, we affirm

McKinney's conviction and sentence. This court requires that counsel

inform his client, in writing, of his right to petition the Supreme Court

of the United States for further review. If the client requests that a

petition be filed, but counsel believes that such a petition would be

frivolous, then counsel may move this court for leave to withdraw

from representation. Counsel's motion must state that a copy thereof

was served on the client. 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
SERVED: JULY 17,2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF ARCTIC SLOPENATIVE ASSOCIATION, LTD. DOCKETNO. FAA-2015-2437 (Civil Penalty Action)

NOTICE OF ASSIGNMENT OF PROCEEDING This proceeding (heretofore designated as Case No. 2015NM730027) has been assigned to Administrative Law Judge Richard C. Goodwin. All future pleadings and other communications regarding this proceeding shall be served onthe Judge, the FAA Hearing Docket, and the other persons onthe attached Service List.

Attachment- Service ListSERVICE LIST -BYU.S. MAIL ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1 ONE COPY
RichardD. Monkman, 

### Respondent's Counsel Sonosky, Chamber, Sachse, Miller & Munson, LLP 900 West FifthAvenue, Suite 700 Anchorage, AK 99501 Glenn H. Brown, 

### Complainant's Counsel Office ofthe Regional Counsel, AAL-7 Federal AviationAdministration 222 West7th Avenue, Box 14 Anchorage, AK 99513-7587 TEL: 907-271-5271 FAX: 907-271-2800 The Honorable Richard C. Goodwin,



### Administrati~e Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2015-2437 (Civil Penalty Action)

1 Service was byU.S. Mail. For service inperson or by expedited courier, use the following address: Federal AviationAdministration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

### 2
Contacts. With whom outside the FAA has this proposal been discussed?

Organization Person Contacted Date Response

National Business Aircraft Association Eli Cotti 1/4/10 -

Regional Airline Association Dave Lonerer 1/4/10 -

Aircraft Owners & Pilots Association Robert Hackman 1/4/10 - -

ATA Craig Fabian 1/4/tO -

ATA M Lopez 1/4/10 -

09129/06
**Exhibit 23.2**





**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**




We
      consent to the incorporation by reference in Registration Statements
      Nos. 333-130765 and 333-92014 on Form S-3, Registration Statements
      Nos. 333-130764, 333-94769 and 333-110962 on Form S-8 and Registration
      Statement No. 333-94769 on Form S-8/A, of our report dated
      March 17, 2005, relating to the financial statements and financial
      statement schedule of Langer, Inc. for the year ended December 31,
      2004 appearing in this Annual Report on Form 10-K of Langer, Inc. for
      the year ended December 31, 2006.







/s/
      Deloitte & Touche LLP


Jericho,
      New York


March 28,
      2007
|   | 1. | Silipos,      Inc., a Delaware corporation. |
|--------|----|---------------------------------------------|

|   | Silipos,      Inc. owns 100% of the outstanding capital stock of Silipos (UK), Ltd., an      English limited liability company. |
|--------|---------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | Twincraft,      Inc., a Vermont corporation. |
|--------|----|----------------------------------------------|

|   | 3. | Langer      Distribution Services, Inc., a Delaware corporation (formerly known as      GoodFoot Acquisition Co.) – currentlyinactive. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------|

|   | 4. | Langer      Professional Services, Inc., a Delaware corporation – currently      inactive. |
|--------|----|--------------------------------------------------------------------------------------------------|

----
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 adopted pursuant 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 April 4, 2004 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 Companys quarterly report on Form 10-Q for the quarter ended April 4, 2004 fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/    Linda MillageLinda Millage Principal Financial
Officer




Date: May 19, 2004



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 to the Securities and Exchange Commission or its staff upon request.
**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 Communicate.com Inc. (“Communicate”) on
      Form 10-QSB for the period ending June 30, 2005 as filed with the Securities
      and
      Exchange Commission on the date hereof (the “Report”), I, David M. Jeffs,
      President, Chief Executive Officer of Communicate and the sole member of the
      Board of Directors, certify, pursuant to s.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 represents, the financial condition
      and result of operations of Communicate.













*/s/
      David M. Jeffs*


David
      M.
      Jeffs


Chief
      Executive Officer




August
      12, 2005




















**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 Communicate.com Inc. (“Communicate”) on
      Form 10-QSB for the period ending June 30, 2005 as filed with the Securities
      and
      Exchange Commission on the date hereof (the “Report”), I, J. Cameron Pan,
      Secretary, Treasurer, and Chief Financial Officer of Communicate, certify,
      pursuant to s.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 represents, the financial condition
      and result of operations of Communicate.













*/s/
      J. Cameron Pan*


J.
      Cameron Pan


Chief
      Financial Officer






August
      12, 2005
CONSENT OF BOARD OF DIRECTORS IN LIEU
OF MEETING


(AMERICAN HOUSING INCOME TRUST, INC.)


 


NOW COMES the Board
of Directors for American Housing Income Trust, Inc., a Maryland corporation (the “Corporation”), pursuant to its Bylaws
consents to the following action in lieu of a meeting:


WHEREAS, in light
of the Corporation’s restructuring as disclosed on Form 8-K dated March 17, 2017, the Board of Directors has determined to
terminate the offering set forth in the registration statement on Form S-11, as amended, and related prospectus, deemed effective
by the United States Securities and Exchange Commission on June 23, 2016, and a subsequent post-effective amendment deemed effective
on September 19, 2016 (referred to herein collectively as the “Offering”).


WHEREAS the Board
of Directors has booked the sale of 150,702 shares of common stock during the time period in which the Offering was priced at $3.00/share
for a total direct public offering capital raise of $452,100, and the sale of 316,766 shares of common stock during the time period
in which the Offering was priced at $1.00/share for a total direct public offering capital raise of $316,766 for a total of $768,866.


NOW THEREFORE, the
Board of Directors consents to the following actions:


RESOLVED that the
Chairman of the Board, who also serves as the Chief Financial Officer and Chief Executive Officer for the Corporation, shall disclose
on Form 8-K the termination of the Offering effective March 21, 2017 and the amounts sold under the direct public offering, and
to take any other action deemed proper to timely disclose the contents of these consents, including disclosure to V-Stock Transfer,
LLC of these actions.


RESOLVED that the
Chairman of the Board shall coordinate the press release terminating the Offering with the Corporation’s legal counsel.


RESOLVED that the
Board of Directors has received abstentions from the Real Estate Committee in voting on these measures since these measures do
not involve the disposition of the real property managed by the Real Estate Committee.






    -1-
 


    


    

 


 Dated: March 21, 2017





	
        /s/ Michael Ogburn

        By: Michael Ogburn

        Its: Chairman of the Board

         

        /s/ Joaquin Flores

        By: Joaquin Flores

         

        /s/ Brian Wagner

        By: Brian Wagner

         
	 

                                                                                 





 


REAL ESTATE COMMITTEE:


Abstention from Vote


By: Sean Zarinegar


 


Abstention from Vote


By: Les Gutierrez


 


Abstention from Vote


By: Kenneth Hedrick




 


	




 


 








    -2-
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 Commerce

###### National Oceanic and Atmospheric Administration

          - 50 CFR Part 217

### CFR Correction

This rule is being published by the Office of the Federal Register to correct an editorial or technical error that appeared in the most recent annual revision of the Code of Federal Regulations.

In Title 50 of the Code of Federal Regulations, Parts 200 to 227, revised as of October 1, 2023, remove Subpart I to Part 217.

[FR Doc. 2024-02695 Filed 2-7-24; 8:45 am]

BILLING CODE 0099-10-P
**Exhibit      32.1 **

**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350, **

**AS      ADOPTED PURSUANT TO **

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

|         |         |                                                                                                                                     |
|--------------|--------------|------------------------------------------------------------------------------------------------------------------------------------------|
|    |    |                                                                                                                                |
|         |         | */s/                Robert Russell *                 *Robert                Russell**Chief                  Executive Officer* |
|         |         |

|         |         |                                                                                                                                                            |
|--------------|--------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------|
|    |    |                                                                                                                                                       |
|         |         | */s/                  Marcia Pearlstein**Marcia                      Pearlstein**Interim                        Chief Financial                        Officer* |
|         |         |

*Dated:          July 16 , 2007*

----
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</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-4561

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CURTIS BROCKINGTON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. Robert E. Payne, Senior 

District Judge. (3:07-cr-00438-REP-1)

Submitted: June 14, 2016 Decided: June 16, 2016

Before AGEE, DIAZ, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Geremy C. Kamens, Acting Federal Public Defender, Patrick L. 

Bryant, Appellate Attorney, Robert J. Wagner, Assistant Federal 

Public Defender, Alexandria, Virginia, for Appellant. Dana J. 

Boente, United States Attorney, David T. Maguire, Assistant 

United States Attorney, Richmond, Virginia, for Appellee. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Curtis Brockington appeals the district court’s judgment

revoking his supervised release and sentencing him to 30 months’ 

imprisonment. Brockington argues that his sentence was plainly 

unreasonable because the district court did not properly weigh 

the 18 U.S.C. § 3553(a) (2012) factors and failed to explain 

adequately the sentence it imposed. We have reviewed the record 

and conclude that the district court did not err in its 

determination or explanation of Brockington’s sentence. See

United States v. Webb, 738 F.3d 638, 640 (4th Cir. 2013). 

Accordingly, we affirm the district court’s judgment. We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

AFFIRMED
[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Notices]
[Page 8729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02541]


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

POSTAL SERVICE


Product Change--Priority Mail and USPS Ground Advantage[supreg] 
Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: February 8, 2024.

FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
February 2, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail & USPS Ground Advantage[supreg] Contract 
183 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2024-181, CP2024-187.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-02541 Filed 2-7-24; 8:45 am]
BILLING CODE 7710-12-P
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<CURRENT-LIABILITIES>                           93,922
<BONDS>                                        715,214
<PREFERRED-MANDATORY>                           18,530
<PREFERRED>                                          0
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<OTHER-SE>                                   1,224,932
<TOTAL-LIABILITY-AND-EQUITY>                 2,211,893
<SALES>                                      1,299,596
<TOTAL-REVENUES>                             1,299,596
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<TOTAL-COSTS>                                1,021,554
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</TABLE>
Court of Appeals

Sixth Appellate District of Texas

JUDGMENT

Jamal Tyrece Tennon, Appellant

No. 06-14-00061-CR v.

The State of Texas, Appellee

Appeal from the 6th District Court of 

Lamar County, Texas (Tr. Ct. No. 25201). 

Opinion delivered by Justice Carter, Chief 

Justice Morriss and Justice Moseley

participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, Jamal Tyrece Tennon, has adequately indicated his inability 

to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED NOVEMBER 6, 2014

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk