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this opinion should not be published and is not precedent except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. 97-51058

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DARRYL DEWAYNE FRAZIER,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. W-96-CR-109-1

- - - - - - - - - -

October 22, 1998

Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges. 

PER CURIAM:*

Darryl Dewayne Frazier was convicted for possession with

intent to distribute cocaine base and aiding and abetting and has

appealed his sentence. Frazier contends that the district court

improperly sentenced him as a “career offender” under U.S.S.G.

§ 4B1.1 on the basis of the instant conviction for aiding and

abetting. Frazier’s argument is foreclosed by the court’s

opinion in United States v. Lightbourn, 115 F.3d 291, 293 (5th

Cir. 1997). 
No. 97-51058

-2-

Frazier contends that his criminal history category of VI

unfairly exaggerates the seriousness of his prior criminal

conduct and that the district court abused its discretion in

refusing to depart downward. Departures from the sentencing

guidelines are discretionary, and a district court’s decision not

to depart downward from the applicable sentencing range is not

reviewable unless the district court believed it lacked authority

to depart or the failure to depart violated the law. See United

States v. Burleson, 22 F.3d 93, 94-95 (5th Cir. 1994). Frazier

does not contend that the failure to depart violated the law and

the record does not reflect that the district court believed that

it lacked authority to depart downward. 

 AFFIRMED.
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Page 21286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08791]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74559A; File No. SR-NYSEArca-2014-100]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of 
Designation of a Longer Period for Commission Action on Proceedings To 
Determine Whether To Approve or Disapprove a Proposed Rule Change, as 
Modified by Amendment No. 1 Thereto, Relating To Listing and Trading of 
Shares of the SPDR SSgA Global Managed Volatility ETF Under NYSE Arca 
Equities Rule 8.600; Correction

April 13, 2015.
AGENCY: Securities and Exchange Commission.

ACTION: Notice; correction.

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

SUMMARY: The Securities and Exchange Commission published a document in 
the Federal Register of March 26, 2015, concerning a Notice of 
Designation of a Longer Period for Commission Action on Proceedings to 
Determine Whether To Approve or Disapprove a Proposed Rule Change, as 
Modified by Amendment No. 1 Thereto, Relating To Listing and Trading of 
Shares of the SPDR SSgA Global Managed Volatility ETF Under NYSE Arca 
Equities Rule 8.600 by NYSE Arca, Inc.; the document contained an 
incorrect date.

FOR FURTHER INFORMATION CONTACT: Leigh Duffy, Division of Trading and 
Markets, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549, (202) 551-5928.

Correction

    In the Federal Register of March 26, 2015, in FR Doc. 2015-06892, 
on page 16047, in the thirty-first line of the third column, correct 
the date May 7, 2015 to read May 22, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\1\
---------------------------------------------------------------------------

    \1\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-08791 Filed 4-16-15; 8:45 am]
 BILLING CODE 8011-01-P
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

PECOS COUNTY, CITY OF 

FORT STOCKTON, PECOS COUNTY

WATER CONTROL AND

IMPROVEMENT DISTRICT NO. 1,

MIDDLE PECOS GROUNDWATER

CONSERVATION DISTRICT AND ITS

DIRECTORS, AND BREWSTER

COUNTY GROUNDWATER

CONSERVATION DISTRICT,

 Appellants,

v.

FORT STOCKTON HOLDINGS, L.P., 

 Appellee. 

§

§

§

§

§

§

§

§

§

No. 08-12-00343-CV

Appeal from

83rd District Court

of Pecos County, Texas

(TC # P-7047-83-CV)

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the 

judgment. We therefore affirm the judgment of the court below. We further order that Appellee 

recover from Appellants and its sureties, if any, see TEX.R.APP.P. 43.5, on the judgment and all 

costs, both in this Court and the court below for which let execution issue. This decision shall be 

certified below for observance.

IT IS SO ORDERED THIS 30TH DAY OF JULY, 2014.

ANN CRAWFORD McCLURE, Chief Justice 

Before McClure, C.J., Rivera, and Rodriguez, JJ.
United States Environmental Protection Agency Washington, DC 20460
Section 4 Submission This is an original submission: This is an amendment: CERTIFICATION I hereby certify to the best of my knowledge and belief that (1) all information entered on this form is complete and accurate; and (2) any confidentiality claims are true and correct as to that information for which they have been asserted. Any knowing and willful misinterpretation is subject to criminal penalty pursuant to 18 USC 1001. Signature: Official Title: Principal Contact Person: John V. Massingale Email Address: john@grcci.com Date Signed: 04/15/2014 PART 1 Contact Information Submission Information Submission Type:

TestRules Form Alias: TestRules-20140409-15:08:19 EDT Federal Register Notice: 76 FR 1067 Date Submitted: 04/15/2014 Submitter Information Company Name:

GREENWICH CHEMICAL CONSULTING, INC. Address: 3300 PGA BOULEVARD Suite 635 PALM BEACH GARDENS, FL, 33410 United States Contact Person: John V. Massingale Phone Number: 5615788110 Email Address: john@grcci.com Technical Contact Information CBI

Yes: No: Company Name: GREENWICH CHEMICAL CONSULTING, INC. Address: 3300 PGA BOULEVARD Suite 635 PALM BEACH GARDENS, FL, 33410 United States Contact Person: Mr John V. MassingaleSEC4 Submission Page 2

Phone Number: 5615788110 Email Address: john@grcci.com Submitting on Behalf of Company CBI

Yes: No: Company Name: Univar USA Inc. Address: 17425 NE Union Hill Road Redmond, WA, 98052 United States Contact Person: Ms Karina Gilje Phone Number: 4258893496 Email Address: Karina.Gilje@univarusa.com PART 2 Letter Of Intent Chemical Identification CASRN:

6381-77-7 CBI Yes: No:
Chemical Name: D-erythro-hex-2-enonic acid, gamma.-lactone, monosodium salt Chemical Test Name: A4 Chemical Test Name: B Chemical Test Name: C1 Sponsoring Firms CBI

Yes: No: Company Name: Univar USA Inc. Address: 17425 NE Union Hill Road Redmond, WA, 98052 United States Phone Number: 4258893496 Chemicals PART 5 Optional Substantiation Attached Document(s) File Name:

Univar-Letter of Intent to Test Sodium Erythorbate -January_2014.pdf Attachment Date: 04/15/2014

Effects: Endpoints:SEC4 Submission Page 3

File Name: 6381-77-7 HPV2 Letter to Greenwich (Univar) February 11 2014_Test Rule Requirements (2).pdf Attachment Date: 04/15/2014

Effects: Endpoints: Paperwork Reduction Act:The Government Paperwork Elimination Act (GPEA) (44 U.S.C. 3501) provides that, when practicable, Federal organizations use electronic forms, electronic filings, and electronic signatures to conduct official business with the public. EPA's Cross-Media Electronic Reporting Regulation (CROMERR) (40 CFR part 3), published in the Federal Register on October 13, 2005 (70 FR 59848) (FRL-7977-1)(Ref. 2), provides that any requirement in title 40 of the Code of Federal Regulations (CFR) to submit a report directly to EPA can be satisfied with an electronic submission that meets certain conditions once the Agency published a notice in the Federal Register announcing that EPA is prepared to receive certain documents in electronic form. For more information about CROMERR, go tohttp://www.epa.gov/cromerr/

.
REGIONAL TRANSPORTATION COMMISSION Jlu/Jiic ' J'r'lmsp11rltlti1111 Slrecls aud Highways Plmmiug August 14, 20 14 FR: Chrono

Mr. Kevin Dick, District Health Officer Washoe County Health District P.O. Box 11130 Reno, NV 89520-0027 

### RE: REDESIGNATION REQUEST AND MAINTENANCE PLAN FOR THE TRUCKEE MEADOWS 24-HOUR PM 10 

### NON-ATTAINMENT AREA AND THE SECOND 10 YEAR MAINTENANCE PLAN FOR THE TRUCKEE MEADOWS 8-HOUR CARBON MONOXIDE ATTAINMENT AREA Dear Kevin, Thank you for the opportunity to review the Redesignation Request and Maintenance Planfor the Truckee Meadows 24-Hour PM 10 Non-Attainment Area and the Second 10-Year Maintenance Plan for the Truckee Meadows 8-Hour Carbon Monoxide Attainment Area. The RTC fully supports adoption ofthese documents. The RTC, as the designated Metropolitan Planning Organization (MPO) for the area, uses the Motor Vehicle Emission Budgets (MVEB) developed in both of these documents for the transportation conformity analysis in the Regional Transportation Plan (RTP) and the Regional Transportation Improvement Program (RTIP). The new MVEBs will be incorporated into both the RTP and the RTIP. I would like to acknowledge the excellent working relationship that has been established between our two agencies. This relationship as well as the ongoing consultation with the Interagency Consultation Group, formally established with the adoption of the Transportation Conformity Plan, has been an effective method of discussion of air quality issues and disseminating information for the region. Should you need any additional information, please feel free to contact me at 335-1825. Sincerely,



### ....,

# olf / t:(

# ~ Amy Cummings, AICP/LEED AP Director ofPlanning AC/DG/ jm /AQMD Redes ignation Request RTC Board: Bonnie Weber (Chai r) • Sharon Zadra (Vice Chair) · Neoma Jardon · David Humke · Ron Smith PO Box 30002, Reno , NV 89520 · 2050 Villanova Drive, Reno, NV 89502 · 775-348-0400 · rtcwashoe

.com
*Present*— Chancellors Rutledge, Hutson, and Mathews; Attorncy-ge-neral Alex. Moultrie; Master in Chancery William H. Gibbes; Register John Neueville.

DECEMBER. 1785.

#### Joseph Salvador *vs.*R. A. Rapley.

CASE xxvr.

B. b. p. 88.

Deeds and specialties to be deposited by defendant fit hands of the master.

Bill and answer read; on motion of Mr. Pringle solicitor for complainant, ordered, that all matters of account between complainant and defendant he referred to the master, to make his report thereon: And that *all the deeds, specialties, and notes of hand, in the custody of the defendant, belonging to the*complainant, *be deposited*with the master, subject to the farther direction of this court.
II 

117TH CONGRESS 

1ST SESSION S. 2978 

To require the Secretary of the Treasury to consider certain transactions 

related to precious metals for purposes of identifying jurisdictions of 

primary money laundering concern, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7, 2021 

Mr. CRUZ (for himself, Mr. TILLIS, and Mr. RUBIO) introduced the following 

bill; which was read twice and referred to the Committee on Banking, 

Housing, and Urban Affairs 

A BILL 

To require the Secretary of the Treasury to consider certain 

transactions related to precious metals for purposes of 

identifying jurisdictions of primary money laundering 

concern, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CONSIDERATION OF CERTAIN TRANSACTIONS 

4 INVOLVING PRECIOUS METALS FOR PUR5 POSES OF IDENTIFYING JURISDICTIONS OF 

6 PRIMARY MONEY LAUNDERING CONCERN. 

7 Section 5318A(c)(2) of title 31, United States Code, 

8 is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 2978 IS

1 (1) in subparagraph (A)— 

2 (A) by redesignating clauses (iii) through 

3 (vii) as clauses (iv) through (viii), respectively; 

4 and 

5 (B) by inserting after clause (ii) the fol6 lowing: 

7 ‘‘(iii) the extent to which the jurisdic8 tion or financial institutions operating in 

9 that jurisdiction facilitate transactions that 

10 are related to precious metals and are sub11 ject to being blocked pursuant to sanctions 

12 imposed by the United States under any 

13 statute or Executive order;’’; and 

14 (2) in subparagraph (B)— 

15 (A) by redesignating clauses (ii) and (iii) 

16 as clauses (iii) and (iv), respectively; and 

17 (B) by inserting after clause (i) the fol18 lowing: 

19 ‘‘(iv) the extent to which such finan20 cial institutions, transactions, or types of 

21 accounts are used to facilitate transactions 

22 that are related to precious metals and are 

23 subject to being blocked pursuant to sancVerDate Sep 11 2014 02:37 Oct 09, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2978.IS S2978

pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 2978 IS

1 tions imposed by the United States under 

2 any statute or Executive order;’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
IN THE SUPREME COURT OF THE STATE OF NEVADA

JEFFREY WILLUHN, Appellant,

vs. LASVEGASMETROPOLITAN POLICE DEPARTMENT, Res•ondent. No. 85201


# FILE

ORDER DISMISSINGAPPEAL This is a pro se appeal from a district court order granting respondent's motion to dismiss. Eighth Judicial District Court, Clark County; Eric Johnson, Judge.

Review of the documents before this court reveals a jurisdictional defect. It appears that appellant's claims against Jason Roderick remain pending below. Because these claims against Roderick remain pending below, the order challenged on appeal is not appealable as a final judgment under NRAP 3A(b)(1) and has not been certified as final under NRCP 54(b). See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). No other statute or court rule allows for an appeal from the challenged order. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345. 301 P.3d 850, 851 (2013) (this court

SUPREME COURT OF NEVADA (0) I947A 

# - acq9?-"may only consider appeals authorized by statute or court rule").

Accordingly, this court lacksjurisdiction and

ORDERSthis appealDISMISSED.



### /14_,tepo.,tit-



## ..‘ J. Hardesty 

## A4w11...(2 Stiglich Herndon

cc: Hon. Eric Johnson, District Judge Jeffrey Willuhn Marquis•Aurbach Coffing Eighth District Court Clerk J. , J.

SUPREME COURT OF NEVADA (0) 1947A 2
Exhibit 31.a

I, John P. Manning, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Boston Capital Tax Credit Fund II Limited Partnership;
2. Based on my knowledge, this quarterly 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:



1. 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;
2. 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
3. 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 (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and



1. 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 auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



1. 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
2. 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:  August 19, 2004 | /s/ John P. Manning        
|---------------------- | ---------------------------
|                       | John P. Manning            
|                       | Principal Executive Officer
**Exhibit32.1**

 

**CERTIFICATIONPURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTEDPURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report of T.J.T., Inc. (the “Company”) onForm 10-K for the period ending September 30, 2004 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,Terrence J. Sheldon, Chief Executive Officer of the Company, certify, pursuantto 18 U.S.C. Code Section 1350, as adopted pursuant to Section 906 ofthe Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.

 

 
| /s/Terrence J. Sheldon  |   |
|-------------------------|--------|
| Terrence J. Sheldon     |
| Chief Executive Officer |
| December 29, 2004  |

 

 

47

----
<PAGE>
                                                                    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 Annual Report of Pyramid Breweries Inc. (the "Company")
on Form 10-K for the period ended December 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, James K. Hilger,
Vice-President and Chief Financial 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:

(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 result of operations of the Company.

/s/ JAMES K. HILGER
James K. Hilger
Vice-President and Chief Financial Officer
May 4, 2005
#### Exparte Thomas Terry.

The rule of court, in chancery, requires that in a petition for a rehearing, the error complained of should be certified by *two*counsel.

A deposite is generally directed to be made in such cases, on account of costs.

Ctjria, per Harper, Ch.

I may observe, that this petition is not properly before us, as the rule of the court is, that the error should be certified by two counsel. — 1 Harr. Ch. 647. In this instance it has been done by one only. A deposite too is generally directed on account of costs. I have looked carefully, however, into the alleged grounds of error and am satisfied that they are entirely unfounded.

The petition is dismissed.

Johnson and Dunkin, Chancellors, concurred. Johnston, Ch. having been of counsel, gave no opinion.
**Exhibit 32.1**

CERTIFICATION

I, Mark J. Emkjer,President and Chief Executive Officer of Accelrys, Inc. (the “Company”) and I,Rick E. Russo, Senior Vice President and Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

(1)  The AnnualReport on Form 10-K of the Company for the year ended March 31, 2007, (the “Report”)fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

(2)  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company for the periodcovered by this Report.
|        | /s/ Mark J. Emkjer                    |
|--------|---------------------------------------|
|   | Mark J. Emkjer                        |
|   | President and Chief Executive Officer |
|   |                                  |
|   |                                  |
|   | /s/Rick E. Russo                      |
|   | Rick E. Russo                         |
|   | Senior Vice President                 |
|   | and Chief Financial Officer           |
|   |                                  |
|   | Date: June 4, 2007               |

 

A signed original of thiswritten statement required by Section 906 has been provided to the Company andwill be retained by the Company and furnished to the Securities and ExchangeCommission or its staff upon request.

This certificationaccompanies the Report to which it relates, is not deemed filed with the SEC andis not to be incorporated by reference into any filing of the Company under theSecurities Act of 1933, as amended, whether made before or after the date ofthe Report and irrespective of any general incorporation language contained insuch filing.

----
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 of China Pharma Holdings, Inc. (the
"Company")  on Form 10-Q for the period ended  September  30, 2008 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Xinhua Wu,  Chief  Financial  Officer of the  Company,  certify,  pursuant to 18
U.S.C. section 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 and 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.




                                                   Date: November 6, 2008

                                                   By:  /s/ Xinhua Wu
                                                        -------------
                                                        Xinhua Wu
                                                        Chief Financial Officer