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opinion should not be published and is not precedent except under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.

United States Court of Appeals

Fifth Circuit

FILED

May 17, 2007

Charles R. Fulbruge III

Clerk

UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

No. 06-51642

Summary Calendar

DAVID S. TAYLOR; TOBY C. TAYLOR,

Petitioners-Appellants,

versus

UNITED STATES OF AMERICA;

BANK OF AMERICA,

Respondents-Appellees.

Appeal from the United States District Court

for the Western District of Texas

(1:06-CV-502)

Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

David and Toby Taylor challenge, pro se, the district court’s

denial of their petition to quash two summonses issued by the

Internal Revenue Service (IRS) to Bank of America requesting their

bank records. They were issued in furtherance of the IRS’

investigating Appellants’ 2003-2005 tax liability. Appellants

assert three claims, all of which lack merit. 
2

First, Appellants contend the IRS lacks authority to issue

summonses for their bank records because, inter alia, “the Internal

Revenue Code is not the law”. (Emphasis added). Contrary to

Appellants’ contentions, Title 26 of the United States Code grants

the IRS expansive information-gathering authority, including the

power to issue summonses to compel disclosure. E.g., 26 U.S.C. §§

7602 (authorizing IRS to examine records, issue summonses, and take

testimony to verify tax returns and determine tax liability) and

7609 (authorizing the IRS to “compel compliance with the summons”);

see also United States v. Arthur Young & Co., 465 U.S. 805, 816

(1984).

Second, Appellants contend they are not within any class of

persons to whom the IRS may issue summonses, and the summonses lack

a legitimate purpose. Section 7602(a) authorizes the IRS to issue

summonses concerning “any person for any internal revenue tax”. 26

U.S.C. § 7602(a) (emphasis added). Third-party summonses, like

those issued here, are explicitly authorized under 26 U.S.C. §

7602(a)(2). The burden on the Government to establish a prima

facie case to enforce a summons is “slight” or “minimal”. Mazurek

v. United States, 271 F.3d 226, 230 (5th Cir. 2001) (internal

citation omitted); see also United States v. Powell, 379 U.S. 48,

57-58 (1964) (identifying four factors the IRS must establish for

summons enforcement). For the reasons stated by the district

court, the IRS satisfied the Powell factors. Concomitantly,
3

Appellants have not fulfilled their “heavy” burden of rebutting the

Government’s prima facie case. Mazurek, 271 F.3d at 230.

Finally, Appellants, United States citizens residing in Texas,

claim the IRS lacks jurisdiction to investigate their tax liability

or enforce tax laws. This contention is nonsensical. See, e.g.,

Powell, 379 U.S. at 50-51; Barquero v. United States, 18 F.3d 1311,

1316 (5th Cir. 1994).

AFFIRMED
EXHIBIT 99.1

                    SECTION 906 CERTIFICATION OF LINDA BRYSON


                        CERTIFICATION OF PERIODIC REPORT

      In connection with the Periodic Report of Quantum Companies, Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2006, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Michael Kelleher, President of the Company, certify, pursuant to 18 U.S.C.
 ss. 1350, as adopted pursuant to ss. 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: June 7, 2006         By: /s/ Michael Kelleher
                                                 -------------------
                                                   Michael Kelleher
                                                   President
# Indiana National Guard major helps manage 11,000 troops overseas

/ Published Nov. 29, 2019

CAMP ARIFJAN, Kuwait – For Indiana National Guard Maj. Dan Taylor of the 38th Infantry Division, helping to manage some 11,000 U.S. service members supporting Task Force Spartan in the Middle East is just what he signed up for.

"It is important for me to be part of something bigger than just myself," said the Rochester, Indiana, native.

Taylor, the division's deputy personnel officer, and approximately 600 Cyclone Division soldiers departed the Hoosier State in May to deploy to the Middle East to support Task Force Spartan, which helps strengthen defense relationships, build partner capacity and deter aggression in the region.

"The National Guard has also allowed me to meet interesting people and go to different places," said Taylor, who joined the military in 1995. "Our missions, whether at home or abroad, have far-reaching impacts."

Taylor first joined the active-duty Army as a light-wheel vehicle mechanic.

"Enlisting provided me with a trade and a lot of personal development," said Taylor. "My time on active duty gave me the confidence needed to attend college. In 2001, I decided to get out of the Army to attend college."

Taylor earned his undergraduate degree in business and human resource management from Indiana University Kokomo, his master's in business administration from Purdue Fort Wayne and his graduate in human resources and employment relations from Penn State University.

"Once I finished grad school in 2006, I decided to join the National Guard to continue to serve," said Taylor. "I was fortunate to branch adjutant general corps, which aligned with my civilian goals."

Adjutant general corps soldiers focus on personnel, human resources and strength management for the U.S. Army.

"Through the National Guard, I was able to be formally trained in human resources, which eventually helped me secure a civilian HR role," said Taylor. "Since then, my Army HR training has augmented my development as an HR professional."

When not serving in the Army National Guard, Taylor works as a benefits representative at Allison Transmission in Speedway.

While the Army training helped Taylor procure his civilian job, he said he also sees other altruistic benefits to being in the military and serving in the National Guard.

"I am privileged to be able to serve both the state and the country. My family and my work are both very supportive of my service."

Taylor commissioned in 2008 through Indiana's officer candidate school at Camp Atterbury, and he deployed to Afghanistan with the division in 2009-2010.

Taylor is married to wife, Tara, and they have two daughters, Olivia and Gracie.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF ILLUMINET HOLDINGS, INC. AS OF DECEMBER 31,
1999, AND FOR THE TWELVE MONTHS THEN ENDED, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          22,903
<SECURITIES>                                    79,738
<RECEIVABLES>                                   32,860
<ALLOWANCES>                                   (1,944)
<INVENTORY>                                          0
<CURRENT-ASSETS>                               136,500
<PP&E>                                          97,306
<DEPRECIATION>                                (52,177)
<TOTAL-ASSETS>                                 183,657
<CURRENT-LIABILITIES>                           30,813
<BONDS>                                         11,025
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           108
<OTHER-SE>                                     136,858
<TOTAL-LIABILITY-AND-EQUITY>                   183,657
<SALES>                                              0
<TOTAL-REVENUES>                               100,594
<CGS>                                                0
<TOTAL-COSTS>                                   80,417
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 2,889
<INTEREST-EXPENSE>                               1,611
<INCOME-PRETAX>                                 20,671
<INCOME-TAX>                                     7,666
<INCOME-CONTINUING>                             13,005
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    13,005
<EPS-BASIC>                                       0.56
<EPS-DILUTED>                                     0.48


</TABLE>
1

The Honorable Ortrie D. Smith, United States District Judge for the Western

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 07-2178

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the Western

* District of Missouri.

Bennie Billups, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: January 14, 2008

 Filed: February 4, 2008

___________

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

Bennie Billups seeks to appeal the 70-month prison sentence the district court1

imposed after he pleaded guilty to being a felon in possession of a firearm in violation

of 18 U.S.C. § 922(g)(1). Billups’s counsel has moved to withdraw and filed a brief

under Anders v. California, 386 U.S. 738 (1967), suggesting that the sentence is

unreasonable, but acknowledging that Billups’s plea agreement contained an appeal

waiver. In a pro se supplemental brief, Billups indicates that his counsel was
-2-

ineffective, and asserts that he has no recollection of signing an appeal waiver. He has

also moved to proceed pro se on appeal. 

We note that ineffective-assistance claims are more properly brought in

proceedings under 28 U.S.C. § 2255. See United States v. Cook, 356 F.3d 913, 919-

20 (8th Cir. 2004). Despite Billups’s assertion, we conclude upon reviewing the

record that he knowingly and voluntarily entered into his plea agreement and appeal

waiver; and we further conclude that this appeal falls within the scope of the broad

appeal waiver, and that enforcing the waiver would not result in a miscarriage of

justice. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc)

(conditions for enforcing appeal waiver); United States v. Estrada-Bahena, 201 F.3d

1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case). 

Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75,

80 (1988), we have found no nonfrivolous issues for appeal beyond the scope of the

waiver. Therefore, we enforce the appeal waiver and dismiss the appeal. We also

grant counsel’s motion to withdraw, contingent on counsel satisfying his obligations

under Part V of this court’s plan to implement the Criminal Justice Act. We deny

Billups’s motion as moot.

______________________________
2022 AFSAM

Anti body Armor Team Match

PT2350 (agg of PI2250)

SHOOTER TEAM SCORE ROST # PI2250 STATE\COUNTRY 

ALL GUARD (ALPHA) 615 1

Score

1 MSGT WATTERS, NATHAN A 123 159 AR

2 SSG FULMER, MICAH N 133 146 CO

3 SFC VARGAS, ERIK J 128 161 CA

4 SGT HALL, HOWARD H 129 149 CA

ALL GUARD (BRAVO) 563 2

Score

1 SGT NICKERSON, MAXIM E 147 159 VT

2 SFC LOVE, COLTON L 163 117 IL

3 SGT NORCROSS, AUSTIN D 162 154 CO

4 SFC CAPPS, JOSEPH A 122 133 AR

USAR 543 3

Score

1 MAJ CAMPBELL, JESSE D 115 150

2 SFC WALSH, THOMAS M 112 111 UT

3 HUGHES, DEVIN 113 133

4 MAJ URICK, GRANT M 114 149

BAROST RED 535 4

Score

1 SSG CATT, KEVIN 101 146 UK

2 SGT DEVILLE, JIMMY 102 143 UK

3 CPL ROWAN, RYAN 103 127 UK

4 WO1 DOUGLAS, JIM 100 119 UK

ALL GUARD (CHARLIE) 508 5

Score

1 MSG JACKSON, JEREMY L 127 130 NM

2 MSG GREGSON, JACOB J 139 151 UT

3 SFC SAGER, DEVIN S 132 107 CO

4 SGT THOMPSON, COLBY R 143 120 OK

NETHERLANDS 459 6

Score

1 CPL POOT, MARTIN 107 109 NETHERLANDS

2 MAJ WILKEN, ERIK 106 103 NETHERLANDS

3 1SG BOELLAARD, MAX L 104 120 NETHERLANDS

4 SGT SMIT, ANDREW J 105 127 NETHERLANDS

BAROST BLUE 428 7

Score

1 SSG GORDON, COLIN 118 95 UK

2 MAJ PEASLEY, MARK 117 124 UK

Tuesday, March 29, 2022 Page 1 of 2 Time printed: 18:26:02
SHOOTER TEAM SCORE ROST # PI2250 STATE\COUNTRY 

3 SSG HAZELTON, JONATHON 119 128 UK

4 MAJ ROSIE, LANCE 116 81

BAROST WHITE 411 8

Score

1 CPL HAMILTON, JAMES 110 70 UK

2 LCPL GUIVER, HARRY 111 104 UK

3 CW2 WADDINGTON, JOHN 109 117 UK

4 CW2 HOWARD, CHRIS 108 120 UK

NETHERLANDS IND 143 9

Score

1 MSG SCHULTZ, ROY 331 143 NETHERLANDS

Tuesday, March 29, 2022 Page 2 of 2 Time printed: 18:26:02
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3868 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3868

 To suspend temporarily the duty on 9,10-Anthracenedione, 1,5(or 1,8)-
                diamino-2-bromo-4,8(or 4,5)-dihydroxy-.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2009

   Mr. Watt introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on 9,10-Anthracenedione, 1,5(or 1,8)-
                diamino-2-bromo-4,8(or 4,5)-dihydroxy-.

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

SECTION 1. 9,10-ANTHRACENEDIONE, 1,5(OR 1,8)-DIAMINO-2-BROMO-4,8(OR 
              4,5)-DIHYDROXY-.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      9,10-               Free         No change        No change        On or before 12/  ''.
                        Anthracenedione,                                                   31/2011.......
                        1,5(or 1,8)-
                        diamino-2-bromo-
                        4,8(or 4,5)-
                        dihydroxy-. (CAS
                        No. 68134-65-6)
                        (provided for in
                        subheading
                        2921.59.80)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3875 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3875

To suspend temporarily the duty on 100 percent cotton woven color wall 
                             fabric, dyed.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2009

   Mr. Watt introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To suspend temporarily the duty on 100 percent cotton woven color wall 
                             fabric, dyed.

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

SECTION 1. 100 PERCENT COTTON WOVEN COLOR WALL FABRIC, DYED.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00       100 percent        Free         No change        No change        On or before 12/  ''.
                        cotton woven                                                       31/2011.......
                        color wall
                        fabric, dyed
                        (provided for in
                        subheading
                        5208.32.30)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
Exhibit 4.32





(English Translation of the Original Contract in Chinese)




Exhibit 4.32




Equity Transfer Agreement




This Equity Transfer Agreement (this “Agreement”) is entered into by and among the following
parties in Shanghai City on November 16, 2009:



Transferor:   Wang Guoyu (“Party A”)



Address:  Room 302,
No. 52, Lane 880, Cangyuan Road, Minhang District, Shanghai



Transferee:   Jiangsu Linyang Solarfun Co., Ltd. (“Party B”)



Address:  666 Linyang Road, Qidong Economic Development Zone, Jiangsu Province



Shanghai Linyang Solar Technology Co., Ltd. (the “Target”) has a registered capital of RMB5
million, of which Party A contributed RMB100,000, 2% of the total registered capital. The Parties
hereby agree as follows after friendly negotiations:



Article 1   Subject of the Equity Transfer and Purchase Price




	 	(i)	 	Party A agrees to transfer the 2% equity interest of the Target for consideration of
RMB100,000.

	 
	 	(ii)	 	All the rights affiliated
with the equity interest shall be transferred together with the equity interest.

	 
	 	(iii)	 	Within 30 days upon the
execution of this Agreement, Party B shall pay the total equity
purchase price.






Article 2   Undertakings and Warranties



Party A warrants that Party A lawfully owns the equity interest to be transferred to Party B
under Article 1. Party A has the right to dispose with full
force and effect. Party A also warrants that the equity interest
to be transferred is free from any mortgage or any claim by third
parties.



Article 3   Default Liabilities



None


Article 4   Dispute Resolution



This Agreement shall be governed by the laws of the People’s Republic of China. Any dispute
arising from this Agreement shall be settled through friendly consultations
between the Parties. Any dispute that fails to be settled through such consultations shall be
submitted to Shanghai Arbitration Commission for arbitration or the
PRC courts for adjudication.


 


 









 





Article 5   Miscellaneous




	 	(i)	 	This Agreement shall be made in four counterparts, with one for each Party, two for
the Target.

	 
	 	(ii)	 	This Agreement shall become effective upon the execution.






			
	 	 	 
	 	 	 
	Party A: /s/ Guoyu Wang	 	Party B: Jiangsu Linyang

Solarfun Co., Ltd.

(Seal affixed)






November 16, 2009
[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Page 19315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08232]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 349-173]


Martin Dam Hydroelectric Project; Notice of Availability of the 
Final Environmental Impact Statement for the Martin Dam Hydroelectric 
Project

    In accordance with the National Environmental Policy Act of 1969 
and the Federal Energy Regulatory Commission's (Commission) 
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office 
of Energy Projects has reviewed the application for license for the 
Martin Dam Hydroelectric Project (FERC No. 349), located on the 
Tallapoosa River in Tallapoosa, Coosa, and Elmore Counties, Alabama, 
and has prepared a Final Environmental Impact Statement (final EIS) for 
the project. The project occupies 1.39 acres of federal lands 
administered by the U.S. Bureau of Land Management.
    The final EIS contains staff evaluations of the applicant's 
proposal and the alternatives for relicensing the Martin Dam 
Hydroelectric Project. The final EIS documents the views of 
governmental agencies, non-governmental organizations, affected Indian 
tribes, the public, the license applicant, and Commission staff.
    A copy of the final EIS is available for review in the Commission's 
Public Reference Branch, Room 2A, located at 888 First Street NE., 
Washington, DC 20426. The final EIS also may be viewed on the 
Commission's Web site at http://www.ferc.gov, using the ``e-Library'' 
link. Enter the docket number, excluding the last three digits, to 
access the document. For assistance, contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#5f191a0d1c10313336313a0c2a2f2f302d2b1f393a2d3c71383029"><span class="__cf_email__" data-cfemail="25636077666a4b494c4b40765055554a575165434057460b424a53">[email protected]</span></a> or toll-free at (866) 208-3676, or for TTY, 
contact (202) 502-8659.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.
    For further information, please contact Stephen Bowler at (202) 
502-6861 or at <a href="/cdn-cgi/l/email-protection#4a393e2f3a222f246428253d262f380a2c2f3829642d253c"><span class="__cf_email__" data-cfemail="23505746534b464d0d414c544f465163454651400d444c55">[email protected]</span></a>.

    Dated: April 2, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-08232 Filed 4-9-15; 8:45 am]
 BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
**EXHIBIT 23.1**

**CONSENT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to theincorporation by reference in Registration Statement Nos. 333-56996, 333-96825,333-110905 and 333-139622 on Form S-8 and RegistrationStatement Nos. 333-130128, 333-132576 and 333-139621 on Form S-3of our reports dated March 14, 2007, relating to the consolidatedfinancial statements of deCODE genetics, Inc. and subsidiaries (whichreport expresses an unqualified opinion and includes an explanatory paragraphrelating to the adoption of SFAS 123R, *Share-Based Payment*,effective January 1, 2006), and management’s report on the effectivenessof internal control over financial reporting, appearing in this Annual Reporton Form 10-K of deCODE genetics, Inc. and subsidiaries for theyear ended December 31, 2006.

/s/ DELOITTE & TOUCHE LLP

Boston,Massachusetts

March 14, 2007

----