alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 87, Number 10 (Friday, January 14, 2022)]
[Notices]
[Page 2424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00669]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY


National Petroleum Council

AGENCY: Office of Fossil Energy and Carbon Management, Department of 
Energy.

ACTION: Notice of renewal.

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

    Pursuant to the Federal Advisory Committee Act, as amended, 5 
U.S.C., app. 2, and title 41, Code of Federal Regulations, and 
following consultation with the Committee Management Secretariat, 
General Services Administration, notice is hereby given that the 
National Petroleum Council has been renewed for a two-year period.

FOR FURTHER INFORMATION CONTACT: Ms. Nancy Johnson at (202) 586-6458; 
email: <a href="/cdn-cgi/l/email-protection#317f505f52481f5b5e595f425e5f7159401f555e541f565e47"><span class="__cf_email__" data-cfemail="06486768657f286c696e68756968466e772862696328616970">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Council will continue to provide advice, 
information, and recommendations to the Secretary of Energy on matters 
relating to oil and natural gas, and the oil and natural gas 
industries. The Secretary of Energy has determined that renewal of the 
National Petroleum Council is essential to the conduct of the 
Department's business and in the public interest in connection with the 
performance of duties imposed by law upon the Department of Energy. The 
Council will continue to operate in accordance with the provisions of 
the Federal Advisory Committee Act, the General Services Administration 
Final Rule on Federal Advisory Committee Management, and other 
directives and instructions issued in implementation of those Acts.

Signing Authority

    This document of the Department of Energy was signed on January 7, 
2022, by Miles Fernandez, Acting Committee Management Officer, pursuant 
to delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on January 11, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-00669 Filed 1-13-22; 8:45 am]
BILLING CODE 6450-01-P


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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.                  

###### Judicial Conference of the United States

# AGENCY:

Judicial Conference of the United States.

# ACTION:

Advisory Committee on Appellate Rules; notice of cancellation of open hearing.

# SUMMARY:

                        The following virtual public hearing on proposed amendments to the Federal Rules of Appellate Procedure has been canceled: Appellate Rules Hearing on January 28, 2022. The announcement for this hearing was previously published in the                         **Federal Register**                         on August 11, 2021.                    

# DATES:

January 28, 2022.

# FOR FURTHER INFORMATION CONTACT:

                        Bridget Healy, Esq., Acting Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7-300, Washington, DC 20544, Phone (202) 502-1820,                         *RulesCommittee_Secretary@ao.uscourts.gov.*

(Authority: 28 U.S.C. 2073.)

Dated: January 6, 2022.

Shelly L. Cox,

Management Analyst, Rules Committee Staff.

[FR Doc. 2022-00355 Filed 1-11-22; 8:45 am]

BILLING CODE 2210-55-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE
COMPANY'S AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED
SEPTEMBER 30, 1996, AND IS QUALIFIED IN ITS ENTIRETY TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       2,742,011
<SECURITIES>                                         0
<RECEIVABLES>                                1,912,760
<ALLOWANCES>                                    64,842
<INVENTORY>                                    758,353
<CURRENT-ASSETS>                             5,543,395
<PP&E>                                       2,565,527
<DEPRECIATION>                                 414,233
<TOTAL-ASSETS>                               7,809,782
<CURRENT-LIABILITIES>                        1,720,082
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        30,832
<OTHER-SE>                                   6,058,868
<TOTAL-LIABILITY-AND-EQUITY>                 7,809,782
<SALES>                                     10,373,664
<TOTAL-REVENUES>                            10,373,664
<CGS>                                        8,599,241
<TOTAL-COSTS>                               12,062,385
<OTHER-EXPENSES>                               136,135
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              98,520
<INCOME-PRETAX>                            (1,923,376)
<INCOME-TAX>                                  (29,896)
<INCOME-CONTINUING>                        (1,893,480)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,893,480)
<EPS-PRIMARY>                                   (0.72)
<EPS-DILUTED>                                   (0.72)
        

</TABLE>
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 Form 10-Q of Microtune, Inc. (the Company) for the quarter ended June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report),
I, Jeffrey A. Kupp, 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                      
|--------------------------------------------------------------------------------------
|/s/ JEFFREY A. KUPP                                                                   
|Jeffrey A. Kupp                                                                       
|Chief Financial Officer (Principal Financial Officer and Principal Accounting Officer)

Date: January 22, 2007
* Pursuant to 5 TH C IR

. R. 47.5, the court has determined tha t 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 00-31317

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DONALD A. DYER, also known as Blabber,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Louisiana

(98-CR-57)

July 23, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM: *

After defendant Donald Dyer appealed his sentence for

conspiracy to possess with intent to distribute heroin, this court

vaca ted and remanded for resentencing. Dyer appeals again,

challenging various aspects of his resentencing. We affirm.

I

Dyer first contends that the district court erred in employing

a preponderance-of-the-evidence standard in making factual findings1 United States v. Hill , 2001 WL 788613, *2 (5th Cir. July 11, 2001).

2 for sente ncing purposes. Dyer contends that the district court

should have employed the clear-and-convincing-evidence standard.

Dyer has waived this issue by failing to argue it on his original

appeal in this case. In any case, Dyer is wrong. The standard is

preponderance of the evidence. 1

II

Dyer argues that the district cou rt violated his Fifth

Amendment right to remain silent by basing his sentence on the fact

that Dyer’s involvement in the uncharged murders was “unexplained.”

Even if the district court committed error, the passing reference

to “unexplained involvement” could be nothing more than harmless

error. The district court had found at the initial sentencing that

Dyer was involved in the murders. This court upheld that factual

determination in the first appeal. Thus, the district court’s

comment could be nothing more than gratuitous, since the fact of

Dyer’s involvement had already been found.

III

Dyer contends that the district court erred in basing its

upward dep arture on his involvement in two prior, uncharged

murders. He argues that section 4A1.3(e) of the Sentencing

Guidelines allows consideration of criminal conduct not resulting

in a conviction only when such conduct is “similar” to the offense2 See U.S.S.G. § 4A1.3(e).

3 See United States v. Meshack , 225 F.3d 556, 578 n.21 (5th Cir. 2000) (noting “general rule” that “claims cannot be brought on direct ap peal absent their having been raised adequately in the district court”). Dyer also contends that the dis trict court erroneously based the upward departure on a cross reference to the murder guideline U.S.S.G. § 2A1.1, as au thorized in some circumstances by U.S.S.G. § 2D1.1(d)(1). The district court, however, did not base its upward departur e on § 2A1.1 and § 2D1.1(d)(1) but on § 4A1.3. This claim has no merit.

3 of conviction. 2 Dyer failed to make this argument to the district

court. Thus, we choose not to address it on appeal. 3

IV

The judgement of the district court is AFFIRMED.
#### Edward Charles PICKENS a/k/a Larry COAKLEY *v.*STATE of Arkansas

CR 76-186

586 S.W. 2d 1

September 10, 1979

PER CURIAM

Petitioner was convicted of capital felony murder and sentenced to death by electrocution. We affirmed, *Pickens*v. *State,*261 Ark. 756, 551 S.W. 2d 212 (1977), and the Supreme Court of the United States denied certiorari, 435 U.S. 909 (1978). The mandate received from the Supreme Court was the last docket entry in this court before the filing of the present “Petition for Trial Records.”

Since petitioner’s pro se petition for a copy of or use of his trial transcript is not attached to or incorporated into a petition for postconviction relief pursuant to Criminal Procedure Rule 37, his petition is denied; however, petitioner may reapply to this court for a copy of his transcript upon the filing of a petition for postconviction relief. See *Chavez*v. *Sigler,*438 F. 2d 890 (8th Cir. 1971).

Petition denied.
AO 450 (Rev. 11/11) Judgment in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

JUDGMENT IN A CIVIL ACTION

The court has ordered that (check one):

u the plaintiff (name) recover from the

defendant (name) the amount of

dollars ($ ), which includes prejudgment

interest at the rate of %, plus post judgment interest at the rate of % per annum, along with costs.

u the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name)

recover costs from the plaintiff (name)

.

u other:

.

This action was (check one):

u tried by a jury with Judge presiding, and the jury has

rendered a verdict.

u tried by Judge without a jury and the above decision

was reached.

u decided by Judge on a motion for

.

Date: CLERK OF COURT

Signature of Clerk or Deputy Clerk

9/24/18

 Southern District of Ohio

BRANDY JOHNSON

3:17-cv-290

Commissioner of Social Security Administration

✔ The ALJ’s non-disability decision is affirmed

✔ Sharon L. Ovington

Decision and Order
21801269.1 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION (CINCINNATI) 

HAWES, et al., 

Plaintiffs, 

v. 

MACY’S INC., et al., 

Defendants. 

Civil Action: 1:17-CV-00754 

Judge Timothy S. Black 

DEFENDANT MACY’S, INC.’S MOTION TO DISMISS 

Defendant Macy’s Inc. (‘Macy’s) respectfully moves this Court pursuant to Rules 

12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the claims against 

Macy’s in their entirety. Plaintiffs’ class action claims should be dismissed for lack of standing 

to the extent they are based on products the named Plaintiffs did not actually purchase. 

Plaintiffs’ ten claims for relief should be dismissed for failure to state a claim upon which relief 

can be granted. 

This motion is supported by a Memorandum in Support filed separately. 

Case: 1:17-cv-00754-DRC Doc #: 17 Filed: 01/02/18 Page: 1 of 3 PAGEID #: 183
21801269.1 

 Respectfully submitted, 

/s/ Beth A. Bryan 

John A. Nalbandian (Ohio Reg. 0073033) 

Beth A. Bryan (Ohio Reg. 0082076) 

TAFT STETTINIUS & HOLLISTER LLP 

425 Walnut Street, Suite 1800 

Cincinnati, Ohio 45202 

Phone: (513) 381-2838 

Fax: (513) 381-0205 

nalbandian@taftlaw.com

bryan@taftlaw.com

Reid L. Phillips (motion for pro hac vice 

admission forthcoming) 

NC State Bar No. 7968

Jennifer K. Van Zant (motion for pro hac vice 

admission forthcoming) 

NC State Bar No. 21280

Andrew L. Rodenbough (motion for pro hac vice 

admission forthcoming) 

NC State Bar No. 46364

Ryan C. Fairchild (motion for pro hac vice 

admission forthcoming) 

N.C. State Bar No. 47729

BROOKS, PIERCE, MCLENDON,

HUMPHREY & LEONARD, LLP 

230 North Elm Street 

2000 Renaissance Plaza 

Greensboro, NC 27401 

Telephone: (336) 373-8850 

Facsimile: (336) 378-1001 

rphillips@brookspierce.com

jvanzant@brookspierce.com

arodenbough@brookspierce.com 

rfairchild@brookspierce.com 

Attorneys for Defendant 

MACY’S, INC.

Case: 1:17-cv-00754-DRC Doc #: 17 Filed: 01/02/18 Page: 2 of 3 PAGEID #: 184
21801269.1 

CERTIFICATE OF SERVICE 

The undersigned hereby certifies that the foregoing document was filed via the Court’s 

CM/ECF system, which will send electronic notification to all counsel of record. 

This the 2nd day of January, 2018. 

/s/ Beth A. Bryan 

Beth A. Bryan 

Case: 1:17-cv-00754-DRC Doc #: 17 Filed: 01/02/18 Page: 3 of 3 PAGEID #: 185
# OAR Box 1818

Prepped by Ollie Stewart



### Document

Number: 

# 67 ) ll-F- 8
Docket Number: 

# A-87-1 1

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# SL"S
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET DATED DECEMBER 31, 1997 AND THE CONSOLIDATED
STATEMENT OF OPERATIONS FOR THE YEAR ENDED DECEMBER 31, 1997 FOR ROCKY MOUNTAIN
INTERNET, INC. AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       1,053,189
<SECURITIES>                                         0
<RECEIVABLES>                                  829,194
<ALLOWANCES>                                   176,000
<INVENTORY>                                     46,945
<CURRENT-ASSETS>                             1,885,119
<PP&E>                                       3,767,866
<DEPRECIATION>                               1,118,217
<TOTAL-ASSETS>                               5,082,119
<CURRENT-LIABILITIES>                        2,094,122
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         40
<COMMON>                                         6,737
<OTHER-SE>                                   2,076,593
<TOTAL-LIABILITY-AND-EQUITY>                 5,082,119
<SALES>                                        387,067
<TOTAL-REVENUES>                             6,127,111
<CGS>                                          300,053
<TOTAL-COSTS>                                2,060,315
<OTHER-EXPENSES>                             7,817,563
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             402,086
<INCOME-PRETAX>                            (4,152,853)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (415,285)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (4,179,728)
<EPS-PRIMARY>                                   (0.76)
<EPS-DILUTED>                                   (0.76)


</TABLE>
Exhibit 23.2

                         CONSENT OF INDEPENDENT AUDITORS


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (File Nos. 333-34488, 333-67371, 333-76724, 333-79385,
333-96919 and 333-100322) and the Registration Statements on Form S-8 (File Nos.
333-39674, 333-39676, 333-39678 and 333-103527) of Headwaters Incorporated of
our report dated July 15, 2002 relating to the consolidated financial
statements, which appears in this Form 10-K.

/s/ PricewaterhouseCoopers LLP

PricewaterhouseCoopers LLP
Salt Lake City, Utah
December 1, 2003
EX-10.2




					
	AMENDMENT TO	  	Franklin Synergy Bank x	  	Exhibit 10.2
	THE CONTRACT	  	Crossroads Architecture  ̈	  	
		  	Century Skanska x	  	
		  	Jobsite  ̈	  	
	DOCUMENT G701	  	OTHER  ̈	  	

  

 

					
	 PROJECT:

Franklin Synergy Bank, Nolensville Branch Renovation
  

TO CONTRACTOR:
 Skanska USA Building Inc.

5000 Meridian Blvd, Suite 100
 Franklin, TN 37067

 
 The Contract is changed as follows:
	 	 CHANGE ORDER NO.
  

DATE:
  

ARCHITECT’S PROJECT NO.:
  

CONTRACT DATE:
  

CONTRACT FOR:
  

REFERENCE CCR #
	 	One (1)  
 10/2/2015

 
 N/A
  

10/2/2015
  

Construction Management
  

N/A

	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 
	 	 


							
		 	Total amount of Change Order Amendment:	  	 	$184,000.00	  

  
  

Not valid until signed by the Owner, Architect and Contractor. 

 
  

					
	 The original (Estimated Maximum Price) was
	  	$	—  	  
	 Net change by previously authorized Change Orders
	  	$	—  	  
	 The (Estimated Maximum Price) prior to this Change Order was
	  	$	—  	  
	 The (Estimated Maximum Price) will be (increased) (unchanged) by this Change Order in the amount of
	  	$	184,000.00	  
	 The new (Guaranteed Maximum Price) including this Change Order will be
	  	$	184,000.00	  
	 The Contract Time for this change will be (established) as
	  	 	( 0 ) days	  
	 The date of Substantial Completion as of the date of this Change Order therefore is
	  	 	December 10, 2016	  

  

							
		  	CONTRACTOR	 		  	OWNER
				
		  	Skanska USA Building Inc.
/s/ Dennis Norvet	 		  	Franklin Synergy Bank
/s/ Kevin Herrington
		  	 Address: 5000 Meridian Blvd., Suite 100

               Franklin, TN 37067
	 		  	 Address: 722 Columbia Avenue

               Franklin, TN 37064

		 		 
		  	BY: Dennis Norvet	 		  	BY: Kevin Herrington
				
		  	DATE: October 6, 2015	 		  	DATE: October 6, 2015