alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-10184

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DENNIS RAY LANIER,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:94-CR-147-2-A

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

October 29, 2002

Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Dennis Ray Lanier, federal prisoner # 26215-077, appeals

from the district court’s denial of his postjudgment motion to

dismiss his indictment pursuant to FED. R. CRIM. P. 12(b)(2). 

Lanier had pleaded guilty to one count of conspiracy to possess

with intent to distribute one kilogram or more of

methamphetamine. 

Lanier’s motion for reconsideration was filed only one

business day late and, thus, is deemed timely filed. See FED. R.
No. 02-10184

-2-

CRIM. P. 45; FED. R. APP. P. 4(b); Houston v. Lack, 487 U.S. 266,

276 (1988); United States v. Brewer, 60 F.3d 1142, 1143-44 (5th

Cir. 1995). Similarly, Lanier’s notice of appeal, filed two

business days late, is also deemed timely filed. FED. R. APP.

P. 4(b)(3)(A), 26(a); Houston, 487 U.S. at 276. Therefore, we

have jurisdiction over Lanier’s appeal.

Relying upon Apprendi v. New Jersey, 530 U.S. 466 (2000),

Lanier argues that his indictment was defective and that the

court was deprived of jurisdiction, because the indictment failed

to charge a weapon enhancement and a pure methamphetamine drug

classification. A defective indictment, however, does not

deprive a court of jurisdiction. United States v. Cotton,

122 S. Ct. 1781 (2002). Rule 12(b)(2)’s provision that defenses

and objections based on the indictment’s failure to show

jurisdiction or to charge an offense “shall be noticed by the

court at any time during the pendency of the proceedings” is thus

inapplicable to Lanier’s Apprendi-based claim. Lanier’s claim

therefore falls into the residual category of defects which

must be raised prior to trial. See FED. R. CRIM. P. 12(b)(2). 

Lanier’s motion was made postjudgment, and therefore, Rule 12(b)

(2) affords him no relief. Accordingly, the judgment of the

district court is AFFIRMED.
Justine M. Kasznica Phone: (412) 209

- 2537 Fax: (412) 209

- 2574 jkasznica@saul.com www.saul.com

80656.1 08/10/2015 One PPG Place  30 t h Floor  Pittsburgh, PA 15222 Phone: (412) 209

- 2500  Fax: (412) 209

- 2570 DELAWARE MARYLAND MASSACHUSETTS NEW JERSEY NEW YORK PENNSYLVANIA WASHINGTON, DC A DELAWARE LIMITED LIABILITY PARTNERSHIP

July 21 , 2015 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590 Re: Petition for Exemption from Federal Aviation Regulations (“FARs”) and Request for Approval to Operate Unmanned Aircraft S ys tems Under Section 333 of the FAA Reform Act and Part 11 of the FARs Dear Sir or Madam: Enclosed please find Near Earth Autonom y, Inc.’s (“Near Earth’s”) Request for Exemption from FARs and Request for Approval to Operate Unmanned Aircraft Sy stems Under Section 333 of the FAA Reform Act and Part 11 of the FARs (the “Petition”). The Petition was filed on July

20, 2015 using the Federal Docket Management S ys tem. Additionally , we are enclosing Near Earth’s CONFIDENTIAL Proprietary Material Supplement with this Petition. It has not been filed using the Federa l Docket Management Sy stem. We ask that this Supplement be treated as confidential with no public access. Please do not hesitate to contact me with an y questions by phone at +1.412.209.2537 or by email at jkaszn ica@saul.com . Thank you for your consideration. Sincerel y,

Justine M. Kasznica Counsel for Near Earth Autonomy , Inc.
# Mobile operations unit enhances response capability of Ky. Air National Guard

/ Published Dec. 20, 2012

LOUISVILLE - Airmen at the Kentucky Air National Guard have enhanced their ability to work with civilian agencies following a catastrophe, thanks to a new Mobile Emergency Operations Center.

The state-of-the-art trailer, informally called an MEOC, arrived Nov. 27.

It provides an extremely capable command-and-control hub that can be towed to the scene of any domestic disaster, said Senior Master Sgt. Carol Davis, emergency manager for the 123rd Civil Engineer Squadron.

MEOC has the unique ability to tap into the civilian communications infrastructure, Davis said. Most military equipment is designed to access military computer and communications networks instead.

“The MEOC provides on-scene communications and response capability we did not have previously,” Davis said. “We refer to our MEOC as having ‘.com communications,’ meaning it’s all civilian-capable. Military responders could also use it, but it isn’t equipped with ‘.mil’ communication systems. The civilian emergency management officials could then work out of it side-by-side with our military responders.”

The MEOC is 36 feet long by 13 feet wide and is a self-contained system, featuring its own generator capable of supporting 24-hour operations for three to five days.

A satellite-based communications suite integrates multiple radio systems, three dedicated phone lines, national and local TV reception and a surveillance camera. The trailer includes such amenities as a toilet, meeting room, microwave and refrigerator.

The $750,000 MEOC will be based in Louisville, but Davis said it will be shared with other Air Guard units on an as-needed basis.

“It’s a regional asset that the National Guard Bureau has placed in the state of Kentucky. Ultimately, there will be 30 deployed to various wings throughout the United States.”

Kentucky was one of the first states to get an MEOC because of its proximity to surrounding Federal Emergency Management Agency regions, according to Senior Airman Eric Finley, an emergency management journeyman for the 123rd Civil Engineer Squadron.

“We can take it to any scene, whether it’s a haz-mat incident or a natural disaster,” he said.

The first planned use of the MEOC’s capabilities will occur in March during a scheduled Major Accident Response Exercise, Davis said.

“We plan to put the MEOC to the test during the upcoming MARE. Until then, we have some work to do in acquainting our emergency managers and Emergency Operations Center personnel with the MEOC’s capabilities.”
Exhibit 10.6

 

AMENDMENT TO

THIRD AMENDED AND RESTATED

EMPLOYMENT AGREEMENT

 

This AMENDMENT TO THIRD AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into as of March 11, 2013, by and between CVR ENERGY, INC., a Delaware corporation (the “Company”) and JOHN J. LIPINSKI (the “Executive”).

 

The Company and the Executive are parties to a Third Amended and Restated Employment Agreement dated as of January 1, 2011 (the “Employment Agreement”).  The parties hereto desire to amend the Employment Agreement as provided herein.

 

1.                                      Exclusivity.  The last sentence of Section 1.3 of the Employment Agreement is hereby deleted in its entirety and replaced with the following:

 

“The provisions of this Section 1.3 shall not be construed to prevent Executive from: (i) investing Executive’s personal, private assets as a passive investor in such form or manner as will not require any active services on the part of Executive in the management or operation of the affairs of the companies, partnerships, or other business entities in which any such passive investments are made; (ii) serving on the board of directors of one or more companies, provided such service does not conflict with the Executive’s duties and obligations to the Company and such service is approved by the chairman of the Board of Directors of the Company; or (iii) serving on the board of directors for Thumbs Up Enterprises Limited and its affiliated companies.”

 

2.                                      Ratify Agreement.  Except as expressly amended hereby, the Agreement will remain unamended and in full force and effect in accordance with its terms.  The amendments provided herein will be limited precisely as drafted and will not constitute an amendment of any other term, condition or provision of the Agreement.

 

3.                                      Cross References.  References in the Agreement to “Agreement”, “hereof”, “herein”, and words of similar import are deemed to be a reference to the Agreement as amended by this Amendment.

 

4.                                      Counterparts.  This Amendment may be executed in any number of counterparts, each of which will be deemed to be an original and all of which constitute one agreement that is binding upon each of the parties, notwithstanding that all parties are not signatories to the same counterpart.

 

[signature page follows]

 











 

The parties have executed this Amendment as of the date first written above.

 

CVR ENERGY, INC.

 

 

	
By:
    	
/s/   Stanley A. Riemann
    	
 
    	
/s/   John J. Lipinski
    
	
Name:   Stanley A. Riemann
    	
 
    	
John   J. Lipinski
    
	
Title:   Chief Operating Officer
    	
 
    	
 
    


 

[Signature Page for Amendment to Third Amended and Restated Employment Agreement]
**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 on Form 10-Q of Airspan Networks, Inc.
      (the
“Company”) for the period ended July 3, 2005 as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”),





I,
      Peter
      Aronstam, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
      § 1350, as adopted pursuant to § 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 results of operations of the Company.








Date:
      August 12, 2005











By:
            /s/
                PETER ARONSTAMPeter
                Aronstam*Chief
                Financial Officer*








**A
      signed original of this statement required by Section 906 has been provided
      to
      Airspan Networks, Inc. and will be retained by Airspan Networks, Inc. and
      furnished to the Securities and Exchange Commission or its staff upon request.**
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ALWAYS READY, ALWAYS THERE

Official Song of the National Guard Bureau

2nd Trombone

Words and Music by

CW4 David A. Myers

40th Army Band, VTARNG

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**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID** 

### 07941 **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name Description**  

### x 07941\07941_Checklist.xls EPA Technical Review Checklist Workbook



### 07941\07941_Completeness_Checklist.xls EPA Completeness Review Checklist 

### 07941\07941_HardcopyLog.doc EPA log of hardcopy documents submitted 

### x 07941\07941_PartA.xls Plant submitted survey file 

### x 07941\07941_PartB.xls Plant submitted survey file 

### x 07941\07941_PartC.xls Plant submitted survey file 

### x 07941\07941_PartD.xls Plant submitted survey file 

### x 07941\07941_PartH.xls Plant submitted survey file



### 07941\Certification Statement_Plant ID_07941.pdf Plant certification statement 

### 07941\Supporting Documentation\07941_PART A5-2 MAP-1 PLANT PROPERTY LINES.pdf Plant submitted supplemental files to the survey 

### x 07941\Supporting Documentation\07941_PART A5-2 MAP-2 EARL F WISDOM PLANT SITE DETAILS.pdf Plant submitted supplemental files to the survey



### 07941\Supporting Documentation\07941_PART A5-2 MAP-3 ASH LANDFILL DETAILS.pdf Plant submitted supplemental files to the survey 

### x 07941\Supporting Documentation\07941_PART A5-3 WB-1 WATER BALANCE DIAGRAM.pdf Plant submitted supplemental files to the survey

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket.
EXHIBIT 32.1


                           SECTION 1350 CERTIFICATION


     In  connection  with  the  Quarterly  Report  of  Xinhua  China  LTD.  (the
"Company")  on Form 10-Q for the period  ending  December 31, 2007 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Xianping Wang,  President and Chief Executive  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, 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.


Date: February 19, 2008



                                        By: /s/ XIANPING WANG
                                            _____________________________
                                                Xianping Wang
                                                President and  Chief Executive
                                                Officer
EXHIBIT 32.1


CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
 ADOPTED PURSUANT TO SECTION 906 OF
 THE SARBANES-OXLEY ACT OF 2002
 
 In connection with the Quarterly Report of Fortune Industries, Inc., an Indiana corporation, (the "Company") on Form 10-Q for the period ending February 28, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, John F. Fisbeck, Chief Executive Officer of the Company, certify the following pursuant to Section 18, U.S.C. 1350, as adopted pursuant to Section 906
                of the Sarbanes-Oxley Act of 2002:
 
 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 14, 2009
 By:  /s/ John F. Fisbeck
 John F. Fisbeck
 Chief Executive Officer
# New York’s 105th Airlift Wing Flies Overseas Medical Missions 

/ Published Dec. 18, 2023

NEWBURGH, N.Y. - Airmen of the New York Air National Guard’s 105th Airlift Wing wrapped up four months of overseas aeromedical evacuation missions Nov. 30.

During August and November, 28 Airmen from the 105th flew 17 AE missions for a total of 759 flying hours, transporting 560 patients, 2,040 passengers and 2.1 million pounds of cargo.

Aeromedical evacuation is an Air Mobility Command mission to provide time-sensitive, mission-critical care to patients traveling between medical treatment facilities. The 105th provides a fully crewed C-17 Globemaster III to team up with the 10th Expeditionary Aeromedical Evacuation Flight to perform in-air medical care. They evacuate patients from Africa and the Middle East to medical facilities in Germany and the United States.

“We’re proud to support a federal mission like this that really makes a difference in people’s lives,” said Chief Master Sgt. Vincent Fasano, a senior enlisted leader at the 105th Airlift Wing. “It is one of the most rewarding missions out there.”

During the mission, 105th aircrews work alongside Airmen of the 10th Expeditionary Aeromedical Evacuation Flight to turn the C-17 into a flying hospital. The aircrew manages loading cargo and supplies while the aeromedical evacuation team ensures patients are comfortable.

“Every mission is different,” says Airman 1st Class Dominic Kopacz, loadmaster for the 137th. “Some patients walk on the jet, and some are carried and cared for the entire flight.”

Once patients are picked up, the AE crew cares for and monitors them until they are brought back to hospitals in Germany and the United States for further treatment.

"I remember we evacuated someone who fell and hit their head,” Kopacz recalled. “They were in critical condition, but we were able to fly them to the care they needed. It feels really good when we drop off patients and know we may have saved their lives.”
* 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 10, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-10082 Summary Calendar

BEN N. BADIO, Petitioner-Appellant,

versus UNITED STATES OF AMERICA, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:02-CV-2332

-------------------- Before JOLLY, HIGGINBOTHAM and DAVIS, Circuit Judges.
PER CURIAM: * Ben N. Badio, federal prisoner number 28747-077, appeals from the dismissal of his 28 U.S.C. § 2241 petition in which he challenged his 1996 guilty-plea conviction for making a false claim against a United States federal agency in violation of 18 U.S.C. § 287. Because Badio challenged errors that allegedly occurred at his sentencing, the district court construed hisNo. 03-10082 -2- petition as an unauthorized successive 28 U.S.C. § 2255 motion and dismissed it. Afforded liberal construction, Badio argues on appeal that he is entitled to application of the "savings clause" of 28 U.S.C. § 2255. However, Badio has failed to show that the remedies provided for under 28 U.S.C. § 2255 are inadequate or ineffective to test the legality of his detention. See Reyes-Requena v. United States , 243 F.3d 893, 901 (5th Cir. 2001). Accordingly, the district court's judgment is AFFIRMED.
exhibit_4-5.htm











Exhibit 4.5




 


[BOS Letterhead]


 


     January 13, 2013







Mr. Gil Picovsky, Managing Partner


Cukierman & Co. Investment House Ltd.


3 Daniel Frish St., Tel Aviv 64731, Israel







Re: B.O.S Better Online Solutions Ltd. Services Agreement


 


Dear Sir:








Reference is made to that Services Agreement dated as of April 15, 2003, as supplemented in August 22, 2004 and May 24, 2010, by and among B.O.S. Better Online Solutions Ltd., BOS-Dimex Ltd. (previously BOScom Ltd.) (together, the “Company”) and Cukierman & Co. Investment House Ltd. (“CIH”) (the “Agreement”).







Pursuant to the Agreement, CIH’s scope of services to the Company is divided into three activities: Private Placements, Mergers and Acquisitions, and Business Development (the “Services”). The Agreement provides for a monthly retainer fee (the “Retainer”) of $10,000 plus VAT as payment for these Services (in addition to per-transaction success fees).


 


Section 9(d) of the Agreement provides that the Company may ask to continue with only part of the Services. This would result in a corresponding reduction in the Retainer, in accordance with the breakdown set forth therein.


 


Please be advised that, as previously discussed, the Company has decided to discontinue the Private Placement portion of the Services, commencing July 1, 2012. As a result, the Retainer payable in respect of July 2012 onwards is set to $6,350, reflecting payment for the Business Development and Merger and Acquisitions activities only.


 


In addition, in view of the Company’s cash-flow needs, the Company has requested, and CIH has agreed, that payment of the Retainer shall be made by way of equity (i.e., issuance to CIH of Company’s ordinary shares) instead of in cash, as follows:


 



	
  

	
·

	
Payment will be made once a year, at the end of each calendar year.








	
  

	
·

	
The price per Company ordinary share used for the calculation will be equal to the weighted average closing price of the ordinary shares on the applicable stock market on the 20 trading days ending on December 31th of the year.












This arrangement shall come into effect for Retainer payments due in respect of July, 2012 onwards.  CIH’s entitlement to success fees under the term of the agreement remains unchanged.


 




  





  











  











We wish to thank you for your continued services and support of the Company.


 



	 	
Sincerely,


 


Eyal Cohen, CFO







 



Accepted and Agreed:


Cukierman & Co Investment House Ltd.








By:  ___________________________________


Name:      Gil Picovsky


Title:        Managing Partner