alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-7585

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

CARROLL EUGENE DODSON,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Jackson L. Kiser, Senior

District Judge. (CR-94-106; CA-05-562)

Submitted: January 19, 2006 Decided: January 26, 2006

Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Carroll Eugene Dodson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Carroll Eugene Dodson appeals the district court’s order

construing his Fed. R. Civ. P. 60(b) motion as an unauthorized

successive motion filed under 28 U.S.C. § 2255 (2000), and

dismissing for lack of jurisdiction. An appeal may not be taken

from the final order in a § 2255 proceeding 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

for claims addressed by a district court absent “a substantial

showing of the 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 his

constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack

v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,

683 (4th Cir. 2001). We have independently reviewed the record and

conclude that Dodson has not made the requisite showing.

Accordingly, we deny a certificate of appealability and dismiss the

appeal.

We also construe Dodson’s notice of appeal and informal brief

as an application to file a second or successive motion under 28

U.S.C. § 2255. See United States v. Winestock, 340 F.3d 200, 208

(4th Cir. 2003). In order to obtain authorization to file a
- 3 -

successive § 2255 motion, a movant must assert claims based on

either (1) a new rule of constitutional law, previously

unavailable, made retroactive by the Supreme Court to cases on

collateral review, or (2) newly discovered evidence sufficient to

establish that no reasonable factfinder would have found petitioner

guilty of the offense. 28 U.S.C. § 2255 ¶ 8. Dodson’s claims do not

satisfy either of these standards. We therefore decline to

authorize a successive § 2255 motion. 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. 

DISMISSED
----

| (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. |
|------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:   August 14, 2014 | By:    | /s/  Kyle Kennedy                                                                                                                                        |   |
|------------------------------------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|                               |   | Kyle Kennedy                                                                                                                                                  |   |
|                               |   | President,Chief Executive Officer and Chairman of the Board(Principal Executive Officer, Principal Financial Officer and acting Principal Accounting Officer) |   |
* Pursuant to 5 T H C IR
. R. 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limit ed circumstances set forth in 5 TH C IR
. R. 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-20553

AMERADA HESS CORPORATION; Plaintiff-Appellee,

v. TST PARAFFIN SERVICE COMPANY, INC.; Defendant-Third Party Plaintiff-Appellant-Appellee,

v. PETROSURANCE CASUALTY COMPANY; ESPERANZA LOPEZ MORA; REGINA VALENZUELA, as next friend of BRENDA JANETTE MONTANEZ, a minor and sole heir and representative of the ESTATE of OMAR MONTANEZ; BRENDA JANETTE MONTANEZ, a minor child and sole heir of the ESTATE of OMAR MONTANEZ; and, OMAR MONTANEZ, ESTATE of; Third Party Defendants-Appellants.
Appeal from the United States District Court for the Southern District of Texas

(H-96-CV-163)
May 10, 1999 Before JONES, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM: *

The court has considered appellants’ positions in light of the briefs and pertinent portions of the reco rd. Having done so, we find no reversible error of fact or law and affirm for the reasons stated by the magistrate judge and the district court.

AFFIRMED
.
# Alaska Air Guard members rescue hypothermic snowmobiler

/ Published Dec. 30, 2014

JOINT BASE ELMENDORF-RICHARDSON, Alaska - Airmen with the Alaska Air National Guard's 210th and 212th Rescue Squadrons rescued a man near Petersville on Sunday after he became lost while riding a snowmachine.

The snowmobiler had become lost and contacted the Alaska State Troopers for help, according to Lt. Col. John Morse, deputy director of the Alaska Rescue Coordination Center. The AST then contacted the AK-RCC for assistance.

"Our guys have the equipment and training to fly using night-vision devices," Morse said. "Because of this capability, we are often called upon to assist when rescue missions occur at night."

The AKANG accepted the mission at approximately 9:30 p.m. and launched an HH-60 Pave Hawk helicopter from the 210th Rescue Squadron with a team of Guardian Angels from the 212th Rescue Squadron aboard, out of JBER.

Guardian Angels teams are highly trained medical personnel made up of a pararescuemen and a combat rescue officer who both specialize in conducting high-risk rescue missions.

"The HH-60 was able to fly directly to the man's location, because he had a GPS unit and provided the troopers with coordinates," Morse said. "When the helicopter arrived at the man's location, they spotted him standing atop a hill. They landed nearby, and then loaded the man onto the HH-60."

The man was hypothermic and flown to Providence Hospital in Anchorage, where he was released to medical personnel.

"When traveling out into the bush, one should always be prepared," Morse said. "That the man had the ability to communicate with the troopers and was able to provide his GPS coordinates greatly expedited his recovery. In our state especially, the scope of its size and the extreme nature of the environment can be very unforgiving. Of course, no matter what, we always have people on alert status in the event that our fellow Alaskans call on us in a time of need. Even during the holidays, our people are ready to save a life in a moment's notice."

For this mission, the 210th and 212th Rescue Squadrons were awarded with one save.
Transcript

National Guard Bureau Public Affairs

Press Desk (703) 601-6767 

ng.ncr.ngb-arng.mesg.ngb-media-desk-owner@army.mil

www.nationalguard.mil

1

NATIONAL GUARD OPENING STATEMENT TO THE SENATE COMMITTEE ON 

APPROPRIATIONS SUBCOMMITTEE ON DEFENSE

JUNE 7, 2022

Prepared Statement from Gen. Daniel Hokanson, chief of the National Guard Bureau:

Chairman Tester, Vice Chairman Shelby, and esteemed members of the subcommittee, our Senior 

Enlisted Leader, Tony Whitehead, and I thank you for the opportunity to represent your National 

Guard. 

Today's National Guard would not be possible without your continued investments. It provides the 

manning, training and equipment for our primary mission – to fight and win our nation’s wars –

which also makes possible our ability to serve our communities in times of need. 

We are more than 440,000 strong, 20% of the joint force, and second in size behind the U.S. Army. 

Today, over 43,000 National Guard Soldiers and Airmen are on duty around the globe and here at 

home.

Briefly, I would like to highlight just one of our many missions – the State Partnership Program. 

Your support of this program has made it invaluable to 93 countries, 45% of those in the world 

today. 

One of those partnerships, now 29 years old, is between the California National Guard and 

Ukraine. 

When Russia began its unprovoked invasion of Ukraine, Ukraine's military leaders reached out to 

people they trusted, people they had known for years, and those were members of the California 

National Guard.

While much of the world underestimated the Ukrainian armed forces' abilities, the National Guard 

was not surprised, because we have been training with them for more than 29 years. 

In fact, National Guardsmen were some of the last Americans to leave Ukraine. One-hundred-sixtyfive members of the Florida National Guard were deployed to the Joint Multinational Training 

Group-Ukraine mission in Lviv - and today, they're continuing to train our Ukrainian partners in 

Germany. 
Transcript

National Guard Bureau Public Affairs

Press Desk (703) 601-6767 

ng.ncr.ngb-arng.mesg.ngb-media-desk-owner@army.mil

www.nationalguard.mil

2

I'm extremely fortunate to represent today's National Guard, a force that is ready to fight and win 

our nation's wars, ready to serve our communities in their time of need, and ready to work with our 

partners at every level, from local to international. 

Again, thank you again for your continued support, it allows us to keep our promise to America to 

be Always Ready, Always There. 

I look forward to your questions.
<PAGE>   1
                      ADVANCED LIGHTING TECHNOLOGIES, INC.
  EXHIBIT 12 -- STATEMENT RE: COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                 (In thousands)
<TABLE>
<CAPTION>
                                                     YEAR ENDED JUNE 30,
                                      -------------------------------------------------
                                        1998       1997      1996      1995      1994
                                      --------   --------  --------  --------  --------
<S>                                   <C>        <C>       <C>       <C>       <C>     
Consolidated pretax income (loss)
     from continuing operations ....  $(16,245)  $ 10,425  $  3,632  $  3,354  $  1,277
Interest ...........................     3,801      1,513     1,548     2,107     2,113
Increase in value of warrants ......        --         --     1,350     2,302        --
Interest portion of rent expense ...       498        492       297       204       193
Preferred stock dividend
     requirements of majority-owned
     subsidiaries ..................        --         --        --        62       180
                                      --------   --------  --------  --------  --------
         EARNINGS ..................  $(11,946)  $ 12,430  $  6,827  $  8,029  $  3,763
                                      ========   ========  ========  ========  ========
Interest ...........................  $  3,801   $  1,513  $  1,548  $  2,107  $  2,113
Increase in value of warrants ......        --         --     1,350     2,302        --
Interest capitalized ...............     1,118        455        98         9         9
Interest portion of rent expense ...       498        492       297       204       193
Preferred stock dividend
     requirements of majority-owned
     subsidiaries ..................        --         --        --        62       180
                                      --------   --------  --------  --------  --------
         FIXED CHARGES .............  $  5,417   $  2,460  $  3,293  $  4,684  $  2,495
                                      ========   ========  ========  ========  ========
RATIO OF EARNINGS TO FIXED CHARGES .        --        5.1       2.1       1.7       1.5
                                      ========   ========  ========  ========  ========
</TABLE>

For purposes of calculating the unaudited ratio of earnings to fixed charges, 
earnings consist of income (loss) from continuing operations before provision 
for income taxes plus fixed charges. Fixed charges consist of interest charges 
and amortization of debt issuance cost, whether expensed or capitalized, and 
that portion of rental expense that is representative of interest. In fiscal 
1998, earnings were inadequate to cover fixed charge requirements by $17,363.
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.                  

###### Department of Veterans Affairs

The Department of Veterans Affairs (VA) gives notice under the Federal Advisory Committee Act, 5 U.S.C. App. 2, that a meeting of the Veterans' Advisory Committee on Rehabilitation (VACOR) will be held on April 27, 2015, via teleconference. The meeting will last from 2:30 p.m. (EST) until 5:00 p.m. (EST). To join the meeting, dial 1-800-767-1750 with a participant code of 25743#.

The purpose of the Committee is to provide advice to the Secretary on the rehabilitation needs of Veterans with disabilities and on the administration of VA's rehabilitation programs.

During the meeting, Committee members will review recommendations and discuss best practices. The primary agenda topics will be to discuss future plans for VACOR.

                    No time will be allocated at this meeting for oral presentations from the public. However, the entirety of the meeting is open to the public. Interested parties should provide written comments for review by the Committee to Marisa Liuzzi, Designated Federal Officer, Veterans Benefits Administration (28), 810 Vermont Avenue NW., Washington, DC 20420, or via email at                     *marisa.liuzzi@va.gov.*                     In the communication, writers must identify themselves and state the organization, association or person(s) they represent. Individuals who wish to call in to the meeting should RSVP to Marisa Liuzzi at (202) 461-9600, no later than close of business, April 20, 2015.                

Dated: April 8, 2015.

Rebecca Schiller,

Committee Management Officer.

[FR Doc. 2015-08365 Filed 4-10-15; 8:45 am]

 BILLING CODE 8320-01-P
Livestock Program

March 2019

Every 5 years NASS conducts a program review following the completion of the Census of Agriculture. The primary 

purpose is to ensure that the NASS annual estimating program targets commodities and states most relevant based on 

the latest available information. Last fall we announced the program review and requested stakeholder input.

The primary source of information for the program review is the Census of Agriculture, since it is the most 

comprehensive source of data; however we also take into consideration estimates from the current annual estimating 

program and administrative data.

The program changes balance resources across all of the programs included in the annual estimating program, which 

represents over 400 individual reports.
Increase the number of states in the monthly milk production and milk price program.

Currently, the monthly milk production and milk price program has 23 states, the change would add Georgia to the monthly milk 

programs. Adding Georgia to the monthly estimating program will result in better coverage of the Southeastern United States. 

Milk 

Estimating States

New 

Program(s)

State Monthly Milk 

Production Estimates

Monthly Milk Price 

Estimates

Quarterly 

Estimates

Alabama P

Alaska P

Arizona P P P

Arkansas P

California P P P

Colorado P P P

Connecticut P

Delaware P

Florida P P P

Georgia P P P Monthly programs

Hawaii P

Idaho P P P

Illinois P P P

Indiana P P P

Iowa P P P

Kansas P P P

Kentucky P

Louisiana P

Maine P

Maryland P

Massachusetts P

Michigan P P P

Minnesota P P P

Mississippi P

Missouri P

Montana P

Nebraska P

Nevada P

New Hampshire P

New Jersey P

New Mexico P P P

New York P P P

North Carolina P

North Dakota P

Ohio P P P

Oklahoma P

Oregon P P P

Pennsylvania P P P

Rhode Island P

South Carolina P

South Dakota P P P

Tennessee P

Texas P P P

Utah P P P

Vermont P P P

Virginia P P P

Washington P P P

West Virginia P

Wisconsin P P P

Wyoming P

P = Published
Reduce the number of published Angora goat States.

Move California from a published state to the “Other States” total. The number of Angora goats has declined in 

California over the years and as a percentage of the United States total. 

Goats

Estimating States

State Angora Estimates Meat and Other 

Estimates

Milk Estimates Eliminated

Program(s)

Alabama P P

Arizona P P

Arkansas P P

California P P Angora

Colorado P P

Florida P P

Georgia P P

Idaho P

Illinois P P

Indiana P P

Iowa P P

Kansas P P

Kentucky P P

Louisiana P

Michigan P

Minnesota P P

Mississippi P

Missouri P P

Nebraska P

New England P

New Mexico P

New York P P

North Carolina P P

Ohio P P

Oklahoma P P

Oregon P P

Pennsylvania P P

South Carolina P P

Tennessee P P

Texas P P P

Virginia P P

Washington P P

West Virginia P

Wisconsin P

P = Published
<PAGE>   1
                                                                   Exhibit 10.55

                           NONRECOURSE PROMISSORY NOTE

$1,694,875                                                    Reykjavik, Iceland
                                                               21 December, 2000

         FOR VALUE RECEIVED, the undersigned hereby unconditionally promises to
pay to the order of deCODE genetics, Inc., a Delaware corporation (the
"Company"), at the Company's principal office or at such other place as the
holder hereof may designate in writing, on 1 September 2004, in lawful money of
the United States of America and in immediately available funds, the total price
of 1,694,875 Dollars ($1,694,875) together with interest, compounded annually,
from the date hereof on the unpaid principal at the rate of 6% per annum.

         This Note may not be prepaid.

         The full amount of this Note is secured by a pledge of shares of Common
Stock of the Company, and is subject to all of the terms and provisions of the
Early Exercise Stock Purchase Agreement and the Pledge Agreement, each of even
date herewith between the undersigned and the Company. The Company's recovery
against the undersigned for failure to pay any amount owing hereunder when due
shall be limited solely to the shares of Common Stock or other collateral of the
undersigned pledged to the Company in the Pledge Agreement. The undersigned
shall not be liable or have any personal liability in any other respect for the
payment of any amount due under this Note.

         The undersigned hereby represents and agrees that the amounts due under
this Note are not consumer debt, and are not incurred primarily for personal,
family or household purposes, but are for business and commercial purposes only.

         The undersigned hereby waives presentment, protest and notice of
protest, demand for payment, notice of dishonor and all other notices or demands
in connection with the delivery, acceptance, performance, default or endorsement
of this Note.


                                      -1-

<PAGE>   2
         This Note shall be governed by, and construed, enforced and interpreted
in accordance with, the laws of the State of Delaware, excluding conflict of
laws principles that would cause the application of laws of any other
jurisdiction.

                                             /s/ Einar Stefansson
                                            ------------------------------------
                                                 (signature)

                                                 Einar Stefansson
                                            ------------------------------------
                                                  (print name)


                                      -2-
**Consent of Independent Registered Public Accounting Firm**

 

We consent to the incorporation by reference in the Registration Statement (Form S-3 No. 333-57810, Form S-3 No. 333-79407, Form S-8 No. 33-99914, Form S-8 No. 333-32646, Form S-8 No. 333-105926, Form S-3 No. 333-100625, Form S-3 No. 333-66772, and Form S-8 No. 333-119620) of Westell Technologies, Inc and in their related Prospectuses of our reports dated June 9, 2005, with respect to the consolidated financial statements and schedules of Westell Technologies, Inc, Westell Technologies, Inc management's assessment of the effectiveness of internal control over financial reporting, and the effectiveness of internal control over financial reporting of Westell Technologies, Inc, included in this Annual Report (Form 10-K) for the year ended March 31, 2005.

 

/s/ Ernst & Young LLP

 

Chicago, IL

June 13, 2005