alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 06-7586

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus DENNIS RICHARD DASHER, a/k/a Timothy Scott Jones, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Jerome B. Friedman, District Judge. (4:03-cr-00140-JBF) Submitted: March 28, 2007 Decided: April 16, 2007 Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges. Affirmed in part; dismissed in part by unpublished per curiam opinion. Dennis Richard Dasher, Appellant Pro Se. Lisa Rae McKeel, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Dennis Richard Dasher seeks to appeal the district court’s orders denying his motion for a downward departure under Fed. R. Crim. P. 35(b) and denying his 28 U.S.C. § 2255 (2000) motion. For the reasons that follow, we affirm in part and dismiss in part. The district court denied Dasher’s motion for a reduction of his sentence under Rule 35(b) as it is well-settled that whether to file a Rule 35(b) motion is a matter left to the Government’s discretion. Fed. R. Crim. P. 35(b); United States v. Dixon, 998 F.2d 228, 230 (4th Cir. 1993). Here, the Government found Dasher’s assistance insufficient to merit a motion and Dasher has failed to show the Government’s refusal to move for a reduction was based on an unconstitutional motive. Wade v. United States , 504 U.S. 181, 185-86 (1992). Thus, we affirm the district court’s order denying Rule 35(b) relief. The second order that Dasher appeals denied his § 2255 motion, on the ground that it was filed beyond the one-year limit for such actions. The order also denied Dasher’s motion to reconsider the denial of his Rule 35(b) motion. To the extent Dasher appeals from the denial of § 2255 relief, the order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the- 3 - denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). 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 Dasher has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss this portion of 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.

AFFIRMED IN PART ; DISMISSED IN PART
<PAGE>   1

                                                                     EXHIBIT 23




Consent of Independent Certified Public Accountants


We consent to the incorporation by reference in this Annual Report (Form 10-K)
of Discount Auto Parts, Inc. of our report dated July 2, 1999, except as to
Note 4, as to which the date is July 29, 1999, included in the 1999 Annual
Report to Stockholders of Discount Auto Parts, Inc.

We also consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 33-51244) pertaining to the Discount Auto Parts, Inc. 1992 Team
Members Stock Purchase Plan, in the Registration Statement (Form S-8 No
33-55512) pertaining to the Discount Auto Parts, Inc. 1992 Stock Option Plan,
in the Registration Statement (Form S-8 No. 33-84058) pertaining to the
Discount Auto Parts, Inc. Non Employee Director Plan, and in the Registration
Statement (Form S-8 No. 33-96326) pertaining to the Discount Auto Parts, Inc.
1995 Stock Option Plan of our report dated July 2, 1999, except as to Note 4,
as to which the date is July 29, 1999, with respect to the consolidated
financial statements of Discount Auto Parts, Inc. incorporated by reference in
the Annual Report (Form 10-K) for the year ended June 1, 1999.



                                          Ernst & Young LLP


Tampa, Florida
August 23, 1999
**Exhibit 32**

**Certification Pursuant to Title 18, United States Code, Section 1350**

          The undersigned Chief Executive Officer and Chief Financial Officer certify that this report fully complies with the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, and the information contained in the report fairly presents, in all material respects, the financial condition and results of operations of the Company.				Date:          November 1, 2005                        By:       /s/ Charles E. Ayers, Jr.                                                                                                    Charles E. Ayers, Jr., President & Director				                                                                             (Chief Executive Officer and Chief Financial 				                                                                             Officer)

----
DISMISS; and Opinion Filed December 11 , 2015 . 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas No. 05 - 15 - 01444 - CV No. 05 - 15 - 01445 - CV No. 05 - 15 - 01446 - CV No. 05 - 15 - 01447 - CV IN RE TROY LEE PERKINS , Relator Original Proceeding from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F - 0700645 - S, F - 0771769 - S , F - 0771970 - S , F - 0700645 - S 

### MEMORANDUM OPINION Before Justices Francis, Myers, and Schenck Opinion by Justice Schenck Relator filed this original proceeding challenging his criminal conviction. The Court lacks j urisdiction over the petition. Relator originally filed this original proceeding seeking a writ of injunction. On December 9, 2015, the Court re ceived relator’s “Correction on Filing,” in which he requested that the Court treat the original proceeding as seeking a writ of mandamus. We conclude relator is not entitled to relief by either writ of injunction or writ of mandamus. The purpose of a wri t of injunction is to enforce or protect the appellate court’s jurisdiction. Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 683 (Tex. 1989) (orig. proceeding); In re Sheshtawy, 161 S.W.3d 1 (Tex. App.

— Houston [14th Dist.] 2003, orig. proceeding). The use of a writ of injunction is limited to cases in which we have actual jurisdiction of a pending proceeding. In re Wyatt, 110 S.W.3d 511 (Tex. App.

— Waco 2003,– 2

– orig. proceeding). Relator has no appeal currently pending in this court. As a result we lack jurisdiction to grant a writ of injunction. T EX . G OV ’ T C ODE A NN . § 22.221(a) (West 2004) (court may grant writs other than mandamus “necessary to enforce the jurisdiction of the court”). Relator is also not entitled to mandamus relief. T he complaints asserted in relator’s petition represent a collateral attack on his final felony conviction. The only proper means of collaterally attacking a final felony conviction is by means of a petition for writ of habeas corpus under article 11.07 of the code of criminal procedure. T EX . C ODE C RIM . P ROC . A NN . art. 11.07, § 5 (West 2015) (“After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner. ”); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (in granting writ of mandamus to vacate judgment of conviction, court of appeals usurped the exclusive authority of court of criminal appeals to grant post

- c onviction relief). This Court has no jurisdiction over complaints that may only be raised by post

- conviction habeas corpus proceedings brought under article 11.07. See T EX . C ODE C RIM . P. A NN . arts. 11.05, 11.07 (West 2015). We dismiss the petition for want of jurisdiction.

151444F.P05 /David J. Schenck/ DAVID J. SCHENCK JUSTICE
#### Inbusch, Appellant, vs. Stearns and another, Interveners, Respondents. Hammel, Appellant, vs. Same, Respondents. Kaeger, Appellant, vs. Same, Respondents.

*May 20*— *June 20, 1895.*

*H. B. Claflin Oo. v. Stearns, ante,*p. 283, followed.

Appeals from orders of the superior court of Milwaukee county: R. NT. Austin, Judge.

*Dismissed.*

Cassoday, J.

The record in each of these cases presents substantially the same questions as were involved in the case of *H. B. Claflin Co. v.*Stearns, *ante,*p. 283, which is a part of this same controversy. Eor the reasons given in the-opinion filed in that case, the appeal in each of these three cases from the orders of the superior court of Milwaukee county, mentioned in that, opinion, is dismissed.

*By the*Gourt.— Appeals dismissed.
Eagle Digital Imaging, Inc

16 February 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Amendment to Eagle Digital Imaging’s Exemption No. 13657

Dear Sir or Madam:

This letter constitutes a request by Eagle Digital Imaging Inc for an amendment to its Section 333 Exemption 

No. 13657 issued on 18 November 2015. 

Due to the constantly improving safety and performance of Unmanned Aircraft Systems (UAS) we request the 

approval to operate additional UASs not previously granted in our original exemption petition. In order to 

provide the most cost effective, safe and efficient solutions for our customers and to continue to provide 

public benefit as outlined in our original petition (Docket No. FAA-2015-1591) we respectfully request the 

approval to operate the following previously approved UASs: 

Unmanned Aircraft System Exemption No. Petitioner

3D Robotics Iris+ 13417 Courage Inc, LLC

Aeryon Skyranger 11112 VDOS Global, LLC

DJI Phantom 2 14550 Cenpec Images LLC 

DJI Phantom 2 Vision+ 14550 Cenpec Images LLC 

DJI Phantom 3 14550 Cenpec Images LLC 

DJI Phantom 3 Professional 12901 Cox Media Group, LLC

DJI Phantom 3 Advanced 12901 Cox Media Group, LLC

DJI Phantom Inspire 1 14550 Cenpec Images LLC 

DJI Phantom S1000+ 14550 Cenpec Images LLC 

SenseFly eBee 12326 uMAP, LLC

SenseFly eXom 11263A SenseFly Ltd

Topcon Sirius 11368 Topcon Positioning Systems, Inc

Topcon Sirius Pro 11368 Topcon Positioning Systems, Inc

Trimble UX-5 11110B Trimble Navigation Limited

Trimble UX-5 HP 11110B Trimble Navigation Limited

Honeycomb AgDrone 11223 Wilbur-Ellis Company

Precision Hawk Lancaster 14517 Aerial Inventory LLC

Thank you,

David J. Shear, President

Eagle Digital Imaging, Inc

435 NW 5

th Street, Suite B

Corvallis Oregon 97330

Ph: 541 754 9310

david.shear@eagleimaging.net
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REF ID:A273805 

T8P SECRET e 

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AFCIAC: 1.3/l 

16 August 1949 

MEMORANWM FOR MEMBERS OF AFCIAC: 

Subject: Replacement of the Present Combined Cipher Machine. 

~n 

.U 

Enclosure: Draft memorandum for Secretary, Joint Communications Electronics committee (Subject: Replacement of the Preseat Combined Cipher Machine). 

1. The Chairman, AFCIAC, has directed that the 

enclosed draft memorandum and staff study be forwarded to members 

of AFCIAC for telephonic concurrence as a matter of urgency. 

2o Attention is invited to the fact that the staff 

study is the product of an ad hoc working group appointed to 

consider the subject problemo The group consisted of: 

AFCIAC: 13/1 

PRNC-NCSW-3~6 

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Major w. Mo Lawson, OCSigO Dro A. Sinkov, ASA 

Nav.y 

Capt. Lo S. Safford, USN 

Capto H. o. Hansen, USN 

LtCdr. J. c. Hargreaves, USN 

Mr. Ho H. Shaw (OP-202KJ 

Air Force 

Major :Vo Bo White, USAFo 

q;~ H. D. JONES 

Secretariat, AFCIAC 

U.S. Pl-YBS ONLY 

TOP SECRET 

Oeclassifi ed and approved for release by NSA on 09-26-2013 pursuantto E .0. 1352a
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.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

                    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their                           ( print page 13378)                        views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than March 30, 2015.                

A. Federal Reserve Bank of St. Louis (Yvonne Sparks, Community Development Officer) P.O. Box 442, St. Louis, Missouri 63166-2034:

                    1.                     *Michael J. Hackworth and Jennifer Hackworth Thompson, as co-trustees of the L. Dwayne Hackworth Irrevocable Trust, individually, and as members of a family control group which consists of the Trust and L. Dwayne Hackworth,*                     all of Ellington, Missouri; to acquire voting shares of Greenville Bancshares, Inc., Piedmont, Missouri, and thereby indirectly acquire voting shares of Peoples Community Bank, Greenville, Missouri.                

Board of Governors of the Federal Reserve System, March 10, 2015.

Michael J. Lewandowski,

Associate Secretary of the Board.

[FR Doc. 2015-05791 Filed 3-12-15; 8:45 am]

BILLING CODE 6210-01-P
January 17, 2013

To Whom It May Concern:

In accordance with CFR 11.61(b), Trans States Airlines LLC, holding Federal Aviation Air Carrier Certificate No. 

RAIA379A, petitions the Federal Aviation Administration for an exemption to 14 CFR 121.803(c)(3). 

14 CFR 121.803(c)(3) requires that an approved emergency medical kit be installed on any aircraft operated by 

an Air Carrier where a flight attendant is required that meets the specification of Appendix A of this part. 

Specifically, Appendix A of 14 CFR 121 requires that the emergency medical kit required by this part must 

contain, among other items, Atropine, 0.5 mg 5 cc (single dose ampule or equivalent). This request for 

exemption is prompted by the nationwide production shortage of atropine. 

Due to these Atropine production shortages, Trans States Airlines will not be able to install on its aircraft the 

required components of the emergency medical kit after February 28, 2013. Specifically, the Emergency

Medical Kits supplied by our vendors for the purposes of meeting the requirement of 14 CFR 121.803(c)(3) will 

not have the required Atropine. All other items required by Appendix A of CFR 121 will be carried as required.

To ensure an equivalent level of safety can be obtained without the Atropine being installed in the Emergency 

Medical Kit, Trans States Airlines first conducted a review of historical safety documents and found no events 

where the use of Atropine was required on one of its flights. In addition, Trans States Airlines General Operation 

Manual (GOM) 1-8.2.3 contains procedures that require the Flight Crew to take necessary actions to provide 

assistance to a sick passenger.

It is with these facts that Trans States Airlines feels an equivalent level of safety can be obtained without the 

Atropine and respectfully request a limited exemption to Appendix A of 14 CFR 121 be granted for a period of 

six (6) months following February 28, 2013 or until the industry is able to provide adequate supplies, which ever 

later.

Regards,

Aaron H Armstrong

Director of Quality Assurance

Aaron H Armstrong

Trans States Airlines, LLC

11495 Natural Bridge Road, Suite 340

Bridgeton, MO 63044

(314) 222-4703

aarmstrong@transstates.net
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1 The Honorable Donald J. Stohr, United St ates District Judge for the Eastern District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 07-3586

___________ Reginald Morgan, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Johnny Ford; Missouri Department of * Mental Health; Dr. Dorn Schuffman; * [UNPUBLISHED] Laurent Javois; Dr. Keith Schafer, * * Appellees. *

___________ Submitted: May 1, 2009 Filed: May 5, 2009

___________ Before RILEY, SMITH, and BENTON, Circuit Judges.

___________ PER CURIAM. Reginald Morgan appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Upon de novo review, see Ramlet v. E.F. Johnson Co. , 507 F.3d 1149, 1152 (8th Cir. 2007), wefind no basis for reversal, and we affirm. See 8th Cir. R. 47B.

______________________________
CERTIFICATION
 
 I, John Gioffre, Chief Financial Officer, certify that:
 
 1.  I have reviewed this Quarterly Report on Form 10-Q of Air T, 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.
The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) 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 that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and
 5.
The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants independent registered public accountants 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 8, 2005
 /s/ John J. Gioffre
 John J. Gioffre
 Chief Financial Officer