alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[ DO NOT PUBLISH] 

## In the 

# United States Court of Appeals For the Eleventh Circuit

____________________
No. 22

- 12256
Non

- Argument Calendar

____________________
UNITED STATES OF AMERICA,
Plaintiff

- Appellee,

versus FRANTZ MERSIER,

Defendant

- Appellant.

____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:21

- cr

- 60094

- RKA

- 1

____________________ USCA11 Case: 22-12256 Document: 42-1 Date Filed: 10/05/2023 Page: 1 of 22 Opinion of the Court 22

- 12256

Before NEWSOM, LAGOA, and BRASHER, Circuit Judges.

PER CURIAM: The Government’s motion to dismiss this appeal pursuant to the appeal waiver in Appellant’s plea agreement is GRANTED. See United States v. Bushert , 997 F.2d 1343, 1350

– 51 (11th Cir. 1993) (sentence appeal waiver wil l be enforced if it was made knowingly and voluntarily); United States v. Bascomb , 451 F.3d 1292, 1297 (11thCir. 2006) (appeal waiver “cannot be vitiated or altered by comments the court makes during sentencing”); United States v. Grinard

Henry , 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error). USCA11 Case: 22-12256 Document: 42-1 Date Filed: 10/05/2023 Page: 2 of 2
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 Computer Vision Systems Laboratories Corp. (the “Company”) on Form 10-Q for the period ended September 30, 2011 as filed with the Securities and Exchange Commission on the date here of (the “report”), I, David Hostelley, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated this 14th day of November 2011.





/s/ David HostelleyDavid HostelleyChief Financial Officer
<PAGE>   1
                                                                   EXHIBIT 10.1


                      ASSIGNMENT AND ASSUMPTION AGREEMENT


         THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made,
executed and delivered as of September 21, 2001, by and between TRANSNET
CONNECT, INC., a Florida corporation ("Grantor"), and OWNERTEL, INC., a Georgia
corporation ("Grantee").


                                  WITNESSETH:


         WHEREAS, Grantor desires to transfer, convey and assign all of
Grantor's rights in and to the various Independent Contractor Agreements by and
between the independent sales agents listed on Exhibit A and Grantor (the
"Agent Agreements") to Grantee; and

         WHEREAS, Grantee desires to assume, undertake, pay, perform and
discharge all of Grantor's liabilities, obligations, and duties under the Agent
Agreements; and

         NOW, THEREFORE, in consideration of a one-year warrant to purchase
500,000 shares of the common stock of Grantee at $1.50 per share, Grantor
hereby transfers and assigns to Grantee, its successors and assigns, all of
Grantor's right, title and interest in and to the Agent Agreements, and Grantee
hereby agrees to assume, undertake, pay, perform and discharge all of Grantor's
obligations and duties under the Agent Agreements.

         IN WITNESS WHEREOF, Grantor and Grantee have each caused this
Agreement to be executed as of the date first above written.


                                             TRANSNET CONNECT, INC.


                                             By  /s/ Stan Crews
                                               --------------------------------
                                               Stan Crews
                                               President


                                             OWNERTEL, INC.


                                             By  /s/ William G. Head, III
                                               --------------------------------
                                               William G. Head, III
                                               President


<PAGE>   2


                                   EXHIBIT A

                         TRANSNET CONNECT AGENT PROGRAM


<TABLE>
<CAPTION>
ID NUMBER       AGENT'S NAME                      LOCATION                     PHONE NUMBER
---------       ------------                      --------                     ------------
<S>             <C>                               <C>                          <C>
                            [CONFIDENTIAL TREATMENT REQUESTED]
</TABLE>
<PAGE>



                                  Exhibit 23.1
                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements Form
S-3 No. 333-49499, Form S-8 No. 333-56617 and Form S-8 No. 333-56619 of Great
Lakes REIT of our report dated January 23, 2001, except for Note 3, as to which
the date is March 22, 2001 with respect to the consolidated financial statements
and schedule of Great Lakes REIT included in the Annual Report for the year
ended December 31, 2000 (Form 10-K). We also consent to the reference to our
firm under the caption "Selected Financial Data" in the Form 10-K.

                                                               Ernst & Young LLP



Chicago, Illinois
March 22, 2001
# L_2012200EN.01000101.xml

| 27.7.2012 | EN | Official Journal of the European Union | L 200/1 |
| --- | --- | --- | --- |

27.7.2012

EN

Official Journal of the European Union

L 200/1

---

COUNCIL DECISION

of 24 July 2012

on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement

(2012/434/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 and Article 100(2) and the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

| (1) | In accordance with Council Decision 2012/107/EU (1), the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement (‘the Agreement’), was signed on 16 December 2011, subject to its conclusion. |
| --- | --- |

(1)

In accordance with Council Decision 2012/107/EU (1), the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement (‘the Agreement’), was signed on 16 December 2011, subject to its conclusion.

| (2) | The Agreement should be approved, |
| --- | --- |

(2)

The Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement is hereby approved on behalf of the Union (2).

Article 2

The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to make the notification provided for in the Agreement in order to express the consent of the Union to be bound by the Agreement (3).

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 24 July 2012.

For the Council

The President

A. D. MAVROYIANNIS

---

(1)  
  OJ L 57, 29.2.2012, p. 43.

1

(2)  The Agreement has been published in OJ L 57, 29.2.2012, p. 44, together with the decision on signing.

2

(3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

3

Official Journal of the European Union

---
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 Commercial E-Waste Management, Inc. (the
"Company") on Form 10-Q for the quarter ended September 30, 2008, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Brenda Pfeifer, acting in the capacity as the Chief Executive Officer of the
Company, and I, Eugene Pfeifer, acting in the capacity as the Chief Financial
Officer of the Company, certify to the best of our knowledge, 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 result of operations of the
      Company.








/s/ Brenda
Pfeifer


Brenda
Pfeifer


Chief
Executive Officer


November
19, 2008





/s/Eugene
Pfeifer


Eugene
Pfeifer


Chief
Financial Officer


November
19, 2008
**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**

 

The undersigned, the Chief Executive Officer and the Chief Financial Officer of Touchmark Bancshares, Inc. (the “Company”), each certify that, to his or her knowledge on the date of this certification:

 

1.             The quarterly report of the Company for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on this date (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 13,   2011 | By:                                            | /s/   Pin Pin Chau     |
|--------|---------------------|------------------------------------------------|------------------------|
|   |                | Pin   Pin Chau                                 |
|   |                | President   and Chief Executive Officer        |
|   |                | (principal   executive officer)                |
|   |                |
|   |                |
| Date:  | May 13,   2011 | By:                                            | /s/   Jorge L. Forment |
|   |                | Jorge   L. Forment                             |
|   |                | Chief   Financial Officer                      |
|   |                | (principal   financial and accounting officer) |

 

----
Exhibit 31.1

SARBANES-OXLEY SECTION 302(a) CERTIFICATION

I, Vladimir Vaskevich, certify that:

1. 	I have reviewed this Amended Form 10-QSB for the period ending September 30, 2007 of Riverdale Mining 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 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. 	I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 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. 	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 the 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 26, 2007 | VLADIMIR VASKEVICH                                                             
|----------------------- | -------------------------------------------------------------------------------
|                        | Vladimir Vaskevich, Principal Executive Officer and Principal Financial Officer



---
Exhibit 99.4



LOGO

March 8, 2012

Consent of Independent Auditors

We hereby consent to the incorporation by reference in
this Annual Report on Form 40-F for the year ended December 31, 2011 of Denison Mines Corp. of our Auditors report dated March 8, 2012, relating to the consolidated financial statements of Denison Mines Corp. as at December 31,
2011, December 31, 2010, and January 1, 2010 and for each of the two years in the two year period ended December 31, 2011, and the effectiveness of internal control over financial reporting of Denison Mines Corp, which appears in
an Exhibit incorporated by reference in this Annual Report on Form 40-F.

(Signed) PricewaterhouseCoopers LLP

Chartered Accountants, Licensed Public Accountants

Toronto, Ontario, Canada

PricewaterhouseCoopers LLP, Chartered Accountants

PwC Tower, 18 York Street, Suite 2600, Toronto, Ontario, Canada M5J oB2

T: +1 416 863 1133, F: +1 416 365 8215, www.pwc.com/ca

PwC refers to PricewaterhouseCoopers LLP, an Ontario limited liability partnership.
EXHIBIT 31.1

              CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                      SECTION 302 OF THE SARBANES-OXLEY ACT

I, Craig Lindsay, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of Yellow Hill Energy
     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 period presented in this
     quarterly report;

4.   I am responsible for establishing and maintaining disclosure controls and
     procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
     registrant and have:

     a.   designed such disclosure controls and procedures 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 quarterly
          report is being prepared;
     b.   evaluated the effectiveness of the registrant's disclosure controls
          and procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and
     c.   presented in this quarterly report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   I have disclosed, based on my most recent evaluation, 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 in the design or operation of internal
          controls which could adversely affect the registrant's ability to
          record, process, summarize and report financial data and have
          identified for the registrant's auditors any material weaknesses in
          internal controls; and
     b.   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          controls; and

6.   I have indicated in this quarterly report whether or not there were
     significant changes in internal controls or in other factors that could
     significantly affect internal controls subsequent to the date of our most
     recent evaluation, including any corrective actions with regard to
     significant deficiencies and material weaknesses.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
6th day of December, 2007.


/s/ Craig Lindsay
------------------------------
Chief Executive Officer
[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Page 84164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24241]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Office of the Director; Notice of Closed Meeting

    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Office of Research Infrastructure Programs 
Special Emphasis Panel (ZOD1), Office of Research Infrastructure 
Programs (ORIP) Special Emphasis Panel: Applications for Scientific 
Conferences.
    Date: November 26, 2024.
    Time: 11:00 a.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Center for Scientific 
Review, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: Kenneth Ryan, Scientific Review Officer, Center 
for Scientific Review, National Institutes of Health, Rockledge II, 
Room 903-F, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 435-
0229, <a href="/cdn-cgi/l/email-protection#02707b636c6930426171702c6c6b6a2c656d74"><span class="__cf_email__" data-cfemail="5f2d263e31346d1f3c2c2d7131363771383029">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.14, 
Intramural Research Training Award; 93.22, Clinical Research Loan 
Repayment Program for Individuals from Disadvantaged Backgrounds; 
93.232, Loan Repayment Program for Research Generally; 93.39, 
Academic Research Enhancement Award; 93.936, NIH Acquired 
Immunodeficiency Syndrome Research Loan Repayment Program; 93.187, 
Undergraduate Scholarship Program for Individuals from Disadvantaged 
Backgrounds, National Institutes of Health, HHS)

    Dated: October 15, 2024.
Miguelina Perez,
Program Analyst Office of Federal Advisory Committee Policy.
[FR Doc. 2024-24241 Filed 10-18-24; 8:45 am]
BILLING CODE 4140-01-P


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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-7073

JAMES CAVANAUGH,

Petitioner - Appellant,

v.

TRACY JOHNS, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Terrence W. Boyle, 

District Judge. (5:10-hc-02025-BO)

Submitted: December 15, 2011 Decided: December 20, 2011

Before GREGORY, SHEDD, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Cavanaugh, Appellant Pro Se. Christina Ann Kelley, BUREAU 

OF PRISONS, Butner, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

James Cavanaugh, a federal prisoner, appeals the 

district court’s order dismissing his 18 U.S.C. § 2241 (2006) 

petition. On appeal, Cavanaugh argues that the Bureau of 

Prisons erred in refusing to consider his vested good conduct 

time in calculating his eligibility for the Elderly Offender 

Home Detention Pilot Program. We agree with the district court 

that Cavanaugh had not served the “greater of 10 years or 75 

percent of the term of imprisonment to which [he] was 

sentenced,” 42 U.S.C. § 17541(g)(5)(A)(ii) (2006), and he 

therefore was ineligible for the program. See Izzo v. Wiley, 

620 F.3d 1257, 1260 (10th Cir. 2010) (“Under a plain-language 

analysis, we hold that the phrase “term of imprisonment to which 

the offender was sentenced” unambiguously refers to the term 

imposed by the sentencing court, without any consideration of 

good time credit.”). We therefore affirm the district court’s 

order on this ground. 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