alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 11303 Summary Calendar

UNITED STATES OF AMERICA,
Plaintiff-Appellee

v. CHARLES HUNTER,
Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:16 -CR- 28 -1

Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * Charles Hunter pleaded guilty to one count of aiding and abetting possession with intent to distribute methamphetamine and was sentenced to the statutory maximum sentence of 240 months of imprisonment and a three

year term of supervised release. On appeal, he contends that the district court procedurally erred by applying a two

- level sentencing enhancement under U.S.S.G. § 2D1.1(b)(1) for possession of a firearm, a two

- level sentencing

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 July 25, 2017 Lyle W. Cayce Clerk Case: 16-11303 Document: 00514087774 Page: 1 Date Filed: 07/25/2017No. 16

- 11303

2 enhancement under § 2D1.1(b)(12) for maintaining a premises for the pur pose of distributing methamphetamine, and a four

- level sentencing enhancement under U.S.S.G. § 3B1.1(a) for being an organizer or leader of drug trafficking activity involving five or more participants. Hunter concedes that our review is for plain error. To prevail, he must show a forfeited error that is clear or obvious and that affects his substantial rights. Puckett v. United States , 556 U.S. 129, 135 (2009). If he makes such a showing, we have the discretion to correct the error but only if it serio usly affects the fairness, integrity, or public reputation of judicial proceedings. Id

. Relief under the fourth prong is not “automatic if the other three prongs are met.” United States v. Escalante -Reyes , 689 F.3d 415, 425 (5th Cir. 2012) (en banc)

. A t a minimum, Hunter has failed to make an adequate showing as to the fourth prong. He contends that we should exercise our discretion to correct any clear or obvious error which affected his substantial rights because his retained trial counsel rendered ineffective assistance on a number of grounds. However, to credit this argument would first require us to conclude that counsel was ineffective. As a general rule, claims of ineffective assistance are not reviewed on direct appeal where, as here, those claims have not been presented to the district court. United States v. Haese , 162 F.3d 359, 363 (5th Cir. 1998). Absent the ineffective assistance claims, he makes no other argument that he can satisfy the fourth prong of the plain error test. See United States v. Scroggins , 599 F.3d 433, 447

- 48 (5th Cir. 2010) (a party who raises issues but fails to brief them adequately abandons them on appeal). Accordingly, Hunter has not demonstrated that the district court committed reversible plain procedural error. See Puckett , 556 U.S. at 135. AFFIRMED. Case: 16-11303 Document: 00514087774 Page: 2 Date Filed: 07/25/2017
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[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 93036-93037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27487]

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

DEPARTMENT OF THE TREASURY

Internal Revenue Service

Publication of the Tier 2 Tax Rates

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice.

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

SUMMARY: Publication of the tier 2 tax rates for calendar year 2025 as 
required by section 3241(d) of the Internal Revenue Code. Tier 2 taxes 
on railroad employees, employers, and employee representatives are one 
source of funding for benefits under the Railroad Retirement Act.

DATES: The tier 2 tax rates for calendar year 2025 apply to 
compensation paid in calendar year 2025.

FOR FURTHER INFORMATION CONTACT: Kathleen Edmondson, CC:EEE:EOET:ET1, 
Internal Revenue

[[Page 93037]]

Service, 1111 Constitution Avenue NW, Washington, DC 20224, telephone 
number (202) 317-6798 (not a toll-free number).

SUPPLEMENTARY INFORMATION: 
    Tier 2 Tax Rates: The tier 2 tax rate for 2025 under section 
3201(b) on employees is 4.9 percent of compensation. The tier 2 tax 
rate for 2025 under section 3221(b) on employers is 13.1 percent of 
compensation. The tier 2 tax rate for 2025 under section 3211(b) on 
employee representatives is 13.1 percent of compensation.
    Authority: 26 U.S.C. 3241.

Rachel Levy,
Associate Chief Counsel (Employee Benefits, Exempt Organizations and 
Employment Taxes).
[FR Doc. 2024-27487 Filed 11-22-24; 8:45 am]
BILLING CODE 4830-01-P
```
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Exhibit 31.2
**CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**
I, Philip K. Woodlief, Vice President and Chief Financial Officer of Doane Pet Care Company, herebycertify that:
1.  I have reviewed this quarterly report on Form 10-Q of Doane Pet Care Company; 2.  Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading with respect to theperiod covered by this quarterly report; 3.  Based on my knowledge, the financial statements, and other financial information included inthis 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 presentedin this quarterly report; 4.  The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and we have:
 a)  designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this quarterly report is being prepared;  b)  evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisquarterly report based on such evaluation; and  c)  disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarterthat has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
5.  The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal controls over financial reporting, to the registrant’s auditors and theaudit committee of registrant’s board of directors (or persons performing the equivalentfunction):
 a)  all significant deficiencies and material weaknesses in the design oroperation of internal controls over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and  b)  any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal controls overfinancial reporting.
Date: May 10, 2005     /s/ PHILIP K. WOODLIEF    Philip K. Woodlief Vice President, Finance and Chief Financial Officer Doane Pet Care Company
## Patricia A. Randle Starts as Executive Director of Federal Occupational Safety and Health Review Commission

 

 

 

 

**PATRICIA A. RANDLE STARTS AS EXECUTIVE DIRECTOR OF FEDERAL OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION**

Patricia A. Randle starts today as the new Executive Director of the Occupational Safety and Health Review Commission, Chairman Thomasina V. Rogers announced. Appointed by the Chairman, the Executive Director is the chief management official of the independent, quasi-judicial agency, which was created by the Occupational Safety and Health Act of 1970 to resolve disputes over alleged violations of job safety and health regulations.

Ms. Randle leaves her post as Director of the Office of Labor-Management and Employee Relations in the Social Security Administration's (SSA) Office of Human Resources in Baltimore to join the Review Commission. There, she managed a labor management and employee relations program affecting the agency's 65,000 employees nationwide and administered a budget of more than $4 million.   Prior to this position, she was Director of the Litigation Branch for the Department of Health and Human Services (HHS) Labor and Employee Relations Division.  In this capacity, she managed the litigation of labor management matters for the department, with an emphasis toward alternative dispute resolution (ADR) techniques, coordinated appeals with the HHS Office of General Counsel, Department of Justice and the Office of Personnel Management, and managed the labor relations automated information system.

At the Review Commission, she will provide executive management in all agency activities, principally affecting policy, planning, budget, human resources and legislative and executive branch relations. In welcoming her, Chairman Rogers remarked that "the Review Commission is indeed very fortunate to have someone with her unique blend of adroit management skills and well-recognized achievements in the areas of team building and organizational performance."

A member of the Senior Executive Service, Ms. Randle earned her law degree at the State University of New York at Buffalo School of Jurisprudence and her bachelor's degree at Hofstra University.  She has received numerous awards, including a Team Award related to SSA's transition to an Independent Agency and a Group Award for innovations in designing and conducting training and ADR related-activities, and for conflict management improvements throughout the Department.

# # #
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: Terri H. Petruska Page 1 of 1

COALEX STATE INQUIRY REPORT - 22

October 24, 1984

Ted Ford 

Policy Analyst, Resource Protection 

Department of Natural Resources 

Fountain Square, Bldg. D-3 

Columbus, Ohio 43229

TOPIC: DREDGING OPERATIONS

INQUIRY: In Ohio, there is a mining operation called in-stream mining -- a dredging operation 

which takes sand from the stream-bed for industrial minerals. Are there any state regulations in 

the COALEX Library which address in-stream mining operations?

SEARCH RESULTS:

Dredging operations, at present, are regulated by the U.S. Army Corps of Engineers (COE)

under the Rivers and Harbors Act of 1899. A Smithsonian report comparing the COE 404 

regulatory requirements with SMCRA has been forwarded to IMCC by Mr. Stan Zeccolo, Office 

of Surface Mining (OSM) to be included with the Report. Mr. Zeccolo explained in a recent 

telephone conversation that OSM is in the process of developing regulations to cover dredging 

operations.

Although at present not regulated under SMCRA, operators of dredging operations for coal are 

responsible for payment of the AML reclamation fee. In U.S. v H.G.D. & J. MINING COMPANY, 

INC., 561 F Supp 315 (SW Va 1980), the District Court held that dredging for coal was 

considered a coal mining operation under SMCRA and that the operator was, therefore, 

responsible for payment of the AML fee assessment.

ATTACHMENTS:

A. U.S. v H.G.D. & J. MINING COMPANY, INC., 561 F Supp 315 (SW Va 1980).

B. An Analysis of the Permitting Requirements of the Surface Mining Control and Reclamation 

Act and the Corps of Engineers 404 Program. U.S. Department of the Interior, Smithsonian 

Institution, Washington, DC (April 24, 1984).

C. A Comparison of the Permitting Processes of SMCRA and the Corps of Engineers 

Concerning the Regulation of Coal Dredging Activities. U.S. Department of the Interior, 

Smithsonian Institution, Washington, DC (April 24, 1984).
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No. 90-472.

#### National Fabricators, Inc. *v.*National Labor Relations Board.

C. A. 5th Cir. Certiorari denied.
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, the Chief Financial Officer and Treasurer of American Science & Engineering, Inc. (the "Company"), does hereby certify that to the undersigned's knowledge:

|Date: June 17, 2005 |  | /s/KENNETH J. GALAZNIKKenneth J. Galaznik Chief Financial Officer and
Treasurer
|------------------- |  | -------------------------------------------------------------------------------

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

---



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EXHIBIT 11.01
                      [GRAPHIC OMMITTED] CONDUCT GUIDELINES


Sadia is well known for its strong brand recognition and the quality of its
products and services. These are key factors in the Company's ability to compete
and generate better results.

The management of the Company is underscored by teamwork and participation, in
such a way as to strengthen and maximize people's contributions and autonomy.

To maintain and strengthen the Company's brand, and to ensure that performance
expectations are met, people's actions must be based on two requirements:
ATTITUDE AND RESULTS.

Attitude is the expression of Sadia culture and is linked to the following,
broader values:

COHESION: Promoting cooperation, alignment and teamwork.

INTEGRITY: Being ethical, fair and coherent in the way one thinks, speaks and
acts.

COMMUNICATION: Receiving complete, clear information and providing feedback to
the team.

AUSTERITY WITH CREATIVITY: Being rational and sparing in the use of resources,
while adopting original solutions.

SIMPLICITY: Concentrating on the essential; being quick and practical; speaking
and writing concisely to avoid complications and formalities that add little.

ATTITUDE TOWARDS CHANGE: Viewing change as an ongoing process, and adopting a
positive approach towards behavior and contribution.

HUMAN GROWTH: Motivating and developing individual abilities, while respecting
diversity and training successors.

The commitment of leaders and their employees to these values should be
reflected in actions both within the Company and the surrounding community.
There is a special expectation placed upon leaders that their actions will serve
as an example in guiding others.

These values are defined and discussed in Sadia programs related to integration,
leadership, the feedback 360(0) system, organizational climate and other formal
communications.

Putting these Sadia cultural values into practice is fundamental to maintaining
people's belief in the Company and to enabling the necessary alignment for
achieving RESULTS. Therefore, all people in the organization are expected to
zealously abide by these values and report any conduct that may contravene these
guidelines. This communication may be addressed locally to any Head, Manager or
Director, or to the Corporate Auditing, Human Resources or Legal Affairs.
A Blc:ratuDial Co mmullity 1'NI8 - 1 998 

# Town of Farmington Office of the Selectmen 356 M aio S tr ee t 

### Farmington, 

### N'H 03835 Phone: (6 03) 755-2208 • Fax: (603) 755 -9934
RESOLUT I ON TO THE GOVERNOR 

### WHEREAS , we are 

### elected municipal officials fo r the Town of Fa rmington , County of Strafford in the State of New Hamp s hire
. WHEREAS, the Town of Fannington b as in i ts community a business propeny once operated by Co llin s & Aikman for th e manufacture of automotive componen t s. WHEREAS, through years of operation release s ofTCE , P CE, Vinyl C hloride have been documented to exist in the soils and ground water on site. 

### WHEREAS , 

### it has been confirmed th a t a ground water plume ha s migrated o nto oth er properties and has impacting ground wate r qua li ty. WHERAS, Co llin s & Aikman went bankrupt and the trust fund established for the clean u p doe s not 

### contain enough funds to remediate the prob l em. WE THEREFORE, the 

### undersigned Elected Municipal Official s ask that you reque s t from the Env ironmenta l Protection Agency that the Co llin s & 

### Aikman s ite be 

### included o n the s uperfund National Priorities List 

### for investigation 

### and cleanup. 

### DA**TED:--fl~L.)L--L~#-!...1** 

## =2...-==-

_____**FARMINGT0!>l1lO~.RD** 0 SELECTMAN
Charlie Kin 

### an

# C:a~IDnnan**&~ ~I~**  / ;J.­

oanF
Arthur Cape ll o

The Town a/Farmington p rohibits discrimination o n 'h e basis of race, colo r , noti on al or igin, sex, sexual orie ntation, religiQn, age, disability
. marital 01' family slatus. The Town ofFCU"ming ton is an eq ual oppor tunity emplayer.
No. 86-920.

#### Dakmak, Trustee for Bostick Foundry Co. *v.*Lindberg, a Division of Sola Basic Industries, Inc.

C. A. 6th Cir. Certiorari denied.