alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 1298** 

In R e: ANTHONY D. MCCLELLAND, a/k/a Ant , Petitioner

.

On Petition for Writ of Mandamus . ( 5:05

- cr - 00009

- RLV

- DCK

- 13 )

Submitted : June 1 , 2010 Decided: June 10 , 2010

Before GREGORY, SHEDD, and KEENAN , Circuit Judges.

Petition denied by un published per curiam opinion

.
Anthony D. McClelland, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Anthony D. McCle lland petitions for a writ of mandamus, alleging the district court has unduly delayed acting
on his motion filed pursuant to 18 U.S.C. § 3582(c)(2) (2006)

. He seeks an order from this court directing the district court
to act. Our review of the district court’s docket reveals that
the district court has denied McClelland ’ s § 3582 motion **.** Accordingly, because the district court has recently decided
McClelland ’s case, we deny the mandamus petition as moot **.** We grant leave to proceed in forma pauperis. 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.
PETITION DENIED
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 4619

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. ALONZO DALE JONES, JR. , Defendant

- Appellant

.

No. 19
- 4657

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. ALONZO DALE JONES, JR. , Defendant

- Appellant.

Appeal s from the United States District Court for the Middle District of North Carolina , at Greensboro

. William L. Osteen, Jr. , District Judge. ( 1:10

- cr
- 00035

- WO

- 1; 1:18

- cr
- 00058

- WO

- 1 )

Submitted : June 11, 2020 Decided: June 15, 20202 Before KEENAN, WYNN, and DIAZ , Circuit Judges.

Dismissed by un published per curiam opinion

.
Craig M. Cooley, COOLEY LAW OFFICE, Cary, North Carolina, for Appellant. Matthew G. T. Martin, United States Attorney, Nicole R. DuPre, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Unp ublished opinions are not binding precedent in this circuit.3 PER CURIAM: A jury convicted Alonzo Dale Jones, Jr., of possession with intent to distribute 28 grams or more of a mixture and substance containing a detectable amount of cocaine base, a quanti ty of a mixture and substance containing a detectable amount of cocaine, and a quantity of a mixture and substance containing a detectable amount of O xycodone, all in violation of 21 U.S.C. § 841(a)(1) (2018). Based on these convictions, the district cour t revoked the term of supervised release Jones was serving for a 2010 conviction and imposed a 36

- month revocation sentence, to run consecutively to the 130

- month sentence imposed for the new criminal conduct. In these consolidated appeals, Jones challeng es his
convictions and the revocation of his term of supervised release. He argues that counsel rendered ineffective assistance by failing to request a limiting instruction regarding the jury’s consideration of the 2010 conviction. Generally, c laims of i neffective assistance are not cognizable on direct appeal. United States v. Maynes , 880 F.3d 110, 113 n.1 (4th Cir. 2018). Instead, such claims should be raised in a 28 U.S.C. § 2255 (2018) motion to permit adequate development of the
record

. United Sta tes v. Baptiste , 596 F.3d 215, 216 n.1 (4th Cir. 2010). An exception exists, however, when “an attorney’s ineffectiveness conclusively appears on the face of
the record.” United States v. Faulls , 821 F.3d 502, 507 (4th Cir. 2016). Because the record before us does not conclusively establish ineffective assistance of counsel, we conclude that Jones’ claim should be raised in a § 2255 motion. Accordingly, we dismiss the appeals. We dispense with oral argument because the facts4 and l egal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED
```

[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Page 90331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26626]

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

POSTAL SERVICE

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

AGENCY: Postal ServiceTM.

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: November 15, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. 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 
November 8, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 683 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-349, K2025-347.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-26626 Filed 11-14-24; 8:45 am]
BILLING CODE 7710-12-P
```
EXHIBIT 32

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

     In  connection with the filing of the Quarterly Report on Form 10-Q for the
quarter  ended March 31, 2004 (the "Report") by Intervest Bancshares Corporation
(the  "Company"),  the  undersigned,  as  the  principal executive and principal
financial  officer  of  the  Company, hereby certifies pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 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.

/s/  Lowell S. Dansker
----------------------
Lowell S. Dansker, Vice Chairman, President and Treasurer
(Principal  Executive  and  Financial  Officer)
May 12, 2004


                                       27
<PAGE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S BALANCE SHEET AND INCOME STATEMENT AS OF AND FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          12,274
<SECURITIES>                                         0
<RECEIVABLES>                                   20,563
<ALLOWANCES>                                     3,836
<INVENTORY>                                     11,028
<CURRENT-ASSETS>                                49,540
<PP&E>                                         150,452
<DEPRECIATION>                                  19,654
<TOTAL-ASSETS>                                 929,847
<CURRENT-LIABILITIES>                           25,185
<BONDS>                                        283,562
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           218
<OTHER-SE>                                     254,644
<TOTAL-LIABILITY-AND-EQUITY>                   929,847
<SALES>                                         64,075
<TOTAL-REVENUES>                               142,169
<CGS>                                           20,978
<TOTAL-COSTS>                                  102,157
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 1,336
<INTEREST-EXPENSE>                              10,698
<INCOME-PRETAX>                                 22,447
<INCOME-TAX>                                     8,754
<INCOME-CONTINUING>                             13,693
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    13,693
<EPS-PRIMARY>                                      .64
<EPS-DILUTED>                                      .63
        

</TABLE>
<PAGE>

                                                                    EXHIBIT 99.1

                Certification of the Principal Executive Officers

                           Pursuant to 18 U.S.C. 1350

                 (Section 906 of the Sarbanes-Oxley Act of 2002)

We, Morris H. Wheeler, the President and Chief Executive Officer and Robert W.
Pawlak, the Chief Financial Officer of Cohesant Technologies Inc. (the
"Company"), certify that to the best of our knowledge, based upon a review of
the Company's Quarterly Report on Form 10-QSB for the period ended February 28,
2003 (the "Report"):

         (1) The Report fully complies with the requirements of Section 13(a) or
         15(d) of the Securities Exchange Act of 1934, as amended; 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/ Morris H. Wheeler
---------------------
Morris H. Wheeler
President and Chief Executive Officer
March 27, 2003

/s/ Robert W. Pawlak
--------------------
Robert W. Pawlak
Chief Financial Officer
March 27, 2003
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

In connection with the accompanying Quarterly Report on Form 10-Q (the
"Report") of AMCON Distributing Company (the "Company") for the fiscal quarter
ended March 31, 2007, I, Christopher H. Atayan, Chief Executive Officer and
Vice Chairman 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, to
my knowledge, 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: April 17, 2007            /s/ Christopher H. Atayan
                                -------------------------
                                Title: Chief Executive Officer
                                        and Vice Chairman
```

[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90326-90327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26630]

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

POSTAL SERVICE

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

AGENCY: Postal ServiceTM.

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: November 15, 2024

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

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby

[[Page 90327]]

gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
November 8, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail & USPS Ground Advantage[supreg] Contract 
448 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2025-352, K2025-350.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-26630 Filed 11-14-24; 8:45 am]
BILLING CODE 7710-12-P
```
United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

 1120 20th Street, N.W., Ninth Floor

 Washington, DC 20036-3457

SECRETARY OF LABOR,

Complainant, 

v. OSHRC Docket No. 17-1894 

MAXIM CRANE WORKS, 

Respondent. 

BRIEFING NOTICE

The parties are requested to brief whether, in light of the facts presented, the standard 

cited in Citation 1, Item 1, 29 C.F.R. § 1910.28(b)(1)(i) (protection from fall hazards on walkingworking surface with unprotected sides and edges), is preempted by the construction standard, 29 

C.F.R. § 1926.1423(f) (fall protection during crane assembly/disassembly). In addressing this

issue, the parties are asked to discuss the Sixth Circuit’s decision in Brock v. Cardinal Indus., 

Inc. ̧ 828 F.2d 373 (6th Cir. 1987). 

The parties are advised that, when a case is directed for review to consider either the merits 

or characterization of an item, the appropriateness of the penalty is also subject to review. 

Accordingly, the parties may address the amount of the penalty if they so choose. 

All briefs are to be filed in accordance with Commission Rule 93.1

 The first brief is to be 

filed within 40 days of this notice. A party not intending to file a brief shall notify the Commission 

1 The Commission requests that all briefs include an alphabetical table of authorities with 

references to the pages on which they are cited, and that an asterisk be placed in the left-hand 

margin of the table to indicate those authorities on which the brief principally relies. The 

Commission also requests that copies of cited authority, other than statutes, regulations, case law, 

law journal articles, and legal treatises, be provided to the Commission and to the opposing party. 

Parties should be cautioned that these materials will be considered only if appropriate. 
2

in accordance with Commission Rule 93. The time for filing any responsive briefs (or letters filed 

in lieu of briefs) shall commence on the date of service.

 BY DIRECTION OF THE COMMISSION

Dated: February 14, 2020 /s/ 

 John X. Cerveny 

 Executive Secretary
<TABLE> <S> <C>

<ARTICLE> 9
<RESTATED>

<S>                                        <C>
<PERIOD-TYPE>                                 9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                      3,112,314
<INT-BEARING-DEPOSITS>                      1,455,640
<FED-FUNDS-SOLD>                              250,000
<TRADING-ASSETS>                                    0
<INVESTMENTS-HELD-FOR-SALE>                13,449,669
<INVESTMENTS-CARRYING>                      7,338,218
<INVESTMENTS-MARKET>                        7,154,856
<LOANS>                                    87,857,992
<ALLOWANCE>                                   405,042
<TOTAL-ASSETS>                            119,403,052
<DEPOSITS>                                105,766,990
<SHORT-TERM>                                1,750,000
<LIABILITIES-OTHER>                         1,239,774
<LONG-TERM>                                         0
<COMMON>                                        6,124
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<OTHER-SE>                                 10,640,164
<TOTAL-LIABILITIES-AND-EQUITY>            119,403,052
<INTEREST-LOAN>                             4,947,631
<INTEREST-INVEST>                             397,663
<INTEREST-OTHER>                              237,502
<INTEREST-TOTAL>                            5,582,796
<INTEREST-DEPOSIT>                          2,743,388
<INTEREST-EXPENSE>                          2,874,948
<INTEREST-INCOME-NET>                       2,707,848
<LOAN-LOSSES>                                  67,500
<SECURITIES-GAINS>                                  0
<EXPENSE-OTHER>                             2,049,326
<INCOME-PRETAX>                               922,127
<INCOME-PRE-EXTRAORDINARY>                    922,127
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                  601,305
<EPS-BASIC>                                    1.03
<EPS-DILUTED>                                    1.01
<YIELD-ACTUAL>                                   3.77
<LOANS-NON>                                   824,421
<LOANS-PAST>                                  287,072
<LOANS-TROUBLED>                                    0
<LOANS-PROBLEM>                                     0
<ALLOWANCE-OPEN>                              233,513
<CHARGE-OFFS>                                  34,349
<RECOVERIES>                                    3,378
<ALLOWANCE-CLOSE>                             405,042
<ALLOWANCE-DOMESTIC>                          405,042
<ALLOWANCE-FOREIGN>                                 0
<ALLOWANCE-UNALLOCATED>                             0


</TABLE>
```

[Congressional Record Volume 155, Number 6 (Monday, January 12, 2009)]
[Senate]
[Page S279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will now proceed to a period for the transaction of morning 
business for 1 hour.
  The Senator from Tennessee.

                          ____________________
```
EXHIBIT 23


<PAGE>



                               CONSENT OF COUNSEL

      The  consent of David M.  Hayes,  General  Counsel  and  Secretary  of the
Company, is included in his opinions, a copy of which is filed as Exhibit 5.



<PAGE>



                       CONSENT OF INDEPENDENT ACCOUNTANTS




To the Board of Directors of
    Agway Inc.:

We consent to the incorporation by reference in this  registration  statement on
Form S-3 of our reports dated August 22, 1997 on our audits of the  consolidated
financial  statements  and  financial  statement  schedules  of Agway  Inc.  and
Consolidated  Subsidiaries as of June 30, 1997 and 1996, and for the years ended
June 30, 1997, 1996, and 1995,  appearing in the Annual Report on Form 10-K (SEC
File No.  2-22791) of Agway Inc. and  Consolidated  Subsidiaries  filed with the
Securities and Exchange  Commission  pursuant to the Securities  Exchange Act of
1934.

We also consent to the reference to our firm under the caption "Experts" in this
Prospectus.








/s/  COOPERS & LYBRAND L.L.P.
COOPERS & LYBRAND L.L.P.

Syracuse, New York
September 2, 1997







<PAGE>



                       CONSENT OF INDEPENDENT ACCOUNTANTS



We  hereby  consent  to  the   incorporation  by  reference  in  the  Prospectus
constituting part of this Registration Statement on Form S-3 of our report dated
August 11, 1995, relating to the consolidated financial statements of H. P. Hood
Inc.,  which  appears on page 28 of Agway Inc.'s  Annual Report on Form 10-K for
the year ended June 30, 1997.  We also consent to the  reference to us under the
heading "Experts" in such Prospectus.




/s/  PRICE WATERHOUSE LLP
PRICE WATERHOUSE LLP
Boston, Massachusetts
September 2, 1997
EXHIBIT 32.1


Certification of Chief Executive Officer Pursuant to 18 U.S.C. Section 1350, As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002


In connection with this Quarterly Report of Mattson Technology, Inc. (the Company) on Form 10-Q for the quarter ended July 1, 2012 as filed with the Securities and Exchange Commission on the date hereof (the Report), David Dutton, as Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. ss. 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) 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.

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.





Date: August 9, 2012/s/ DAVID DUTTONDavid DuttonPresident and Chief Executive Officer
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

In connection with the Quarterly Report on Form 10-Q/A of NitroMed, Inc. (the "Company") for the period ended September 30, 2003
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael D. Loberg, President and Chief Executive Officer, hereby certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



Dated: March 29, 2004

| |  | /s/MICHAEL D. LOBERGMichael D. Loberg
President and Chief Executive Officer
| |  | ---------------------------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to NitroMed, Inc. and will be retained by
NitroMed, Inc. and furnished to the SEC or its staff upon request.

---

QuickLinks
Occupational Safety and Health Review Commission

Commission Monthly Case Activity for May 2023

1. Cases Pending Beginning of Month 14 

2. Cases Added to Docket 1 

UHS of Centennial Peaks LLC, dba Centennial Peaks Hospital

No. 19-1579 

Limited Remand Order from Tenth Circuit received on May 11, 2023 

3. Cases Subtracted from Docket - 1 

 

UHS of Centennial Peaks LLC, dba Centennial Peaks Hospital

No. 19-1579 

Final Order issued on May 30, 2023

 

4. Total Cases Pending End of Month 14