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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-6522

UNITED STATES OF AMERICA, 

Plaintiff - Appellee, 

v. 

SAI VANG, 

Defendant - Appellant. 

Appeal from the United States District Court for the Western District of North Carolina, at 

Statesville. Kenneth D. Bell, District Judge. (5:15-cr-00038-KDB-DSC-4) 

Submitted: July 25, 2023 Decided: July 28, 2023

Before WYNN and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge. 

Affirmed by unpublished per curiam opinion. 

Sai Vang, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit. 

USCA4 Appeal: 23-6522 Doc: 8 Filed: 07/28/2023 Pg: 1 of 2
2

PER CURIAM: 

Sai Vang appeals the district court’s order denying his motion for compassionate 

release under 18 U.S.C. § 3582(c)(1)(A) and appointment of counsel.∗

 We have reviewed 

the record and find no reversible error. Accordingly, we affirm the district court’s order. 

United States v. Vang, No. 5:15-cr-00038-KDB-DSC-4 (W.D.N.C. May 10, 2023). 

We dispense with oral argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would not aid the decisional 

process. 

AFFIRMED

∗ Vang confines his appeal to the district court’s denial of his request for 

compassionate release. 

USCA4 Appeal: 23-6522 Doc: 8 Filed: 07/28/2023 Pg: 2 of 2
#### UNITED STATES of America, Plaintiff-Appellee, v. Craig Michael HATHCOCK, Defendant-Appellant.

No. 16-11962 Non-Argument Calendar

United States Court of Appeals, Eleventh Circuit.

(October 4, 2017)

Jason Sterling Beaton, Pamela C. Marsh, U.S. Attorney’s Office, Tallahassee, FL, Robert G. Davies, U.S. Attorney’s Office, Pensacola, FL, for Plaintiff-Appellee.

*596Barbara Jean Throne, Chipóla Law, Blountstown, FL, Craig Michael Hathcock, FPC Montgomery—Inmate Legal Mail Maxwell Air Force Base, Montgomery, AL, for Defendant-Appellant.

Before ED CARNES, Chief Judge, MARCUS and FAY, Circuit Judges.

PER CURIAM:

Barbara Jean Throne, appointed counsel for Craig Michael Hathcock, has moved to withdraw from further representation, of the appellant and filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed. 2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Hathcock’s convictions and sentences are AFFIRMED.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7409

JAMES H. LESTER, Plaintiff - Appellant, versus JERRY WILSON, Sheriff; DENNIS BRIDGEMAN, Defendants - Appellees.Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Magistrate Judge. (CA-97-839-R) Submitted: December 17, 1998 Decided: January 7, 1999 Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. James H. Lester, Appellant Pro Se. Phillip Richard Lingafelt, GLENN, FELDMANN, DARBY & GOODLATTE, Roanoke, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* This case was decided by a magistrate judge exercising jurisdiction upon consent of the parties under 28 U.S.C.A. § 636(c)(1) (West 1993 & Supp. 1998). 2 PER CURIAM: James Lester appeals the magistrate judge’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 1998) complaint. * We have reviewed the record and the magistrate judge’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the magistrate judge. See Lester v. Wilson , No. CA-97-839-R (W.D. Va. Sept. 18, 1998). We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
### TEXA S C OU R T OF A PPEAL S, THIR D DIST R ICT , AT AU STIN

NO. 03-0 8 -00 402 -CR

Har old Ne wto n King , A ppe lla nt

v . The State of Texas, App ellee

F ROM THE DISTRICT CO URT OF TRAVIS COUNTY , 147TH JUDICIAL DISTRICT NO. D-1- DC-07 -20 0435 , HO NORAB LE JO N N. WISSER , JUDGE PRESIDI NG

M E M O R

A N D U M O P I N I O N
Ha ro ld N e wt on

Ki ngse e ks to a

pp e a l a jud g me nt o f c onvic tio n fo r a ssa ult wi th f amil y violence. Sente nce w as imposed on J une 6, 2007. There was no motion for ne w trial. The de adline for pe rfe cting appea l was there fore J uly 6, 2007. Tex. R. App. P . 26.2(a) (1). King ’s pro se notice of appe al was f

iled on J une 4, 2008. Unde r t h e ci rc u m s t an ces, we lac k jurisdiction to dis pose of the purported appea l in any manner other than by

dismiss ing it for

want of jurisdiction. See Slaton
v . S tate , 9 81 S.W. 2d

20 8 ( Te x. Cr im. Ap p. 19 98 ); Oliv o v . S tate , 918 S.W .2d 519, 522-23 (Tex. Crim. App. 1996). I f King is entitled to an out-of-time appe al, he must seek it by means of a post-conviction application for writ of ha beas c orpus. SeeTex. Code Crim. P roc. Ann. art. 11.07 (West Supp. 2007). King’ s motion for ext ension of time to file brief is dismi ssed.2 The a ppeal is dismissed.

__________________________________________

J an P. Patterson, J ustice Be fore J ustices Patterson, Waldrop and H enson Dismissed for Want of J urisdiction Filed: Jul y

23, 2008 Do No t Pu

bli sh
#### The People of the State of New York, Respondent, *v.*John Cullen and Eli E. Shonbrun, Appellants.

Argued January 13, 1943;

decided March 11, 1943.

*668
      *Harry G. Anderson*for John Cullen, appellant.

*Arnold Cohen*and *Jacques Buitenkant*for Eli E. Shonbrun, appellant.

*Frank S. Hogan, District Attorney (Stanley H. Fuld*and *Harris B. Steinberg*of counsel), for respondent.

Judgments of conviction affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.
#### The People of the State of New York, Respondent, *v.*Reginald Thomas, Appellant.

Submitted March 10, 1943;

decided June 18, 1943.

*881
      *Sidney Schreiberg*and *Samuel A. Neuburger*for appellant.

*Frank S. Hogan, District Attorney (Stanley H. Fuld*and *Francis C. Leffler*of counsel), for respondent.

Judgment affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Rippey, Lewis, Conway and Desmond, JJ.
```

[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12425-12426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04655]

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

COMMISSION ON CIVIL RIGHTS

Notice of Public Meetings of the Virginia Advisory Committee to 
the U.S. Commission on Civil Rights

AGENCY: U.S. Commission on Civil Rights.

ACTION: Announcement of web briefing.

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

SUMMARY: Notice is hereby given, pursuant to the provisions of the 
rules and regulations of the U.S. Commission on Civil Rights 
(Commission) and the Federal Advisory Committee Act, that the Virginia 
Advisory Committee (Committee) will hold a web briefing to hear 
testimony on police accountability in Virginia via WebEx on Wednesday, 
April 27, 2022, at 12:00 p.m. Eastern Time.

DATES: The meeting will be held on Wednesday, April 27, 2022, at 12:00 
p.m. Eastern Time.

ADDRESSES: 

[[Page 12426]]

    Online Registration: https://bit.ly/3Iz0Myd.
    Join by Phone: 800-360-9505 USA Toll Free; Access code: 2763 362 
5630.

FOR FURTHER INFORMATION CONTACT: Melissa Wojnaroski, DFO, at 
[email protected] or (202) 618-4158.

SUPPLEMENTARY INFORMATION: Members of the public may listen to this 
discussion through the above call-in number. An open comment period 
will be provided to allow members of the public to make a statement as 
time allows. Callers can expect to incur regular charges for calls they 
initiate over wireless lines, according to their wireless plan. The 
Commission will not refund any incurred charges. Callers will incur no 
charge for calls they initiate over land-line connections to the toll-
free telephone number. Closed captions will be provided. Individuals 
requiring reasonable accommodations should contact Sarah Villanueva at 
[email protected] 10 days prior to the meeting to make their 
request.
    Members of the public are entitled to submit written comments; the 
comments must be received in the regional office within 30 days 
following the meeting. Written comments may be emailed to Melissa 
Wojnaroski at [email protected].
    Records generated from this meeting may be inspected and reproduced 
at the Regional Programs Unit Office, as they become available, both 
before and after the meeting. Records of the meeting will be available 
via www.facadatabase.gov under the Commission on Civil Rights, Virginia 
Advisory Committee link. Persons interested in the work of this 
Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Regional Programs Unit at the above 
email or street address.

Agenda

I. Welcome & Roll Call
II. Opening Statement
III. Panel Discussion: Police Oversight and Accountability in Virginia
IV. Q&A
V. Public Comment
VI. Next Steps
VII. Adjournment

    Dated: March 1, 2022.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2022-04655 Filed 3-3-22; 8:45 am]
BILLING CODE P
```
H. R. 6810 

One Hundred Eighteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and twenty-four 

An Act 

To designate the facility of the United States Postal Service located at 518 North 

Ridgewood Drive in Sebring, Florida, as the ‘‘U.S. Army Air Corps Major Thomas 

B. McGuire Post Office Building’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. U.S. ARMY AIR CORPS MAJOR THOMAS B. MCGUIRE POST 

OFFICE BUILDING. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 518 North Ridgewood Drive in Sebring, Florida, 

shall be known and designated as the ‘‘U.S. Army Air Corps Major 

Thomas B. McGuire Post Office Building’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘U.S. Army Air Corps Major Thomas B. McGuire Post Office 

Building’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
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 Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4637-DR; Docket ID FEMA-2022-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Tennessee (FEMA-4637-DR), dated January 14, 2022, and related determinations.

# DATES:

This amendment was issued February 3, 2022.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Tennessee is hereby amended to include Public Assistance program for the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of January 14, 2022.

Cheatham, Davidson, Dickson, Gibson, Henderson, Henry, Lake, Obion, Stewart, Sumner, and Weakley Counties for Public Assistance (already designated for Individual Assistance).

Decatur and Dyer Counties for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2022-04594 Filed 3-3-22; 8:45 am]

BILLING CODE 9111-23-P
#### UNITED STATES of America, Plaintiff-Appellee, v. Michael STEPHENS, aka Michael Williams, Defendant-Appellant.

No. 15-5553

United States Court of Appeals, Sixth Circuit.

Filed August 22, 2017

Kevin G. Ritz, Assistant U.S. Attorney, Office of the U.S. Attorney, Memphis, TN, for Plaintiff-Appellee

Kevin Michael Schad, Federal Public Defender’s Office, Cincinnati, OH, for Defendant-Appellant

BEFORE: MOORE, SUTTON, and DONALD, Circuit Judges.

PER CURIAM.

Michael Stephens received a career-offender guidelines enhancement in connection with his sentence for conspiracy to possess and distribute cocaine. On appeal, we upheld the enhancement on the basis of Stephens’ prior convictions for aggravated burglary, Tenn. Code § 39-14-403, attempted aggravated burglary, *id.,*and felony drug possession. *United States v. Stephens,*651 Fed.Appx. 445 (6th Cir. 2016). Applying *United States v. Ozier,*796 F.3d 597, 600-03 (6th Cir. 2015), we found Tennessee’s aggravated burglary statute divisible. As a result, we looked to the facts of Stephens’ prior conviction for attempted aggravated burglary to determine whether he had committed a generic form of the offense of “burglary of a dwelling.” We found that he had. *Stephens,*651 Fed.Appx. at 448. Following *Mathis v. United States,*— U.S. -, 136. S.Ct. 2243, 195 L.Ed.2d 604 (2016), the Supreme Court vacated this judgment and remanded for further consideration. In light of *Mathis*and our recent decision in *United States v. Stitt,*860 F.3d 854, 857-59 (6th Cir. 2017) (en banc), we reverse our prior determination and remand for resentencing, as both the government and Stephens agree is appropriate.
# EUR-Lex - 32002D0056 - EN

Avis juridique important

*|*

# 32002D0056

**2002/56/EC: Council Decision of 17 December 2001 on the conclusion of an Additional Protocol laying down the trade arrangements for certain fish and fishery products to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part **

*
Official Journal L 023 , 25/01/2002 P. 0024 - 0024 *

Council Decision

of 17 December 2001

on the conclusion of an Additional Protocol laying down the trade arrangements for certain fish and fishery products to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part

(2002/56/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) It is desirable to complete by means of an Additional Protocol the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part(1), so as to provide for preferential conditions for the importation into the Community of certain fish and fishery products originating in the Republic of Hungary, and into the Republic of Hungary of certain fish and fishery products originating in the Community.

(2) To that end a new Protocol laying down the trade arrangements for certain fish and fishery products should be added to the said Europe Agreement.

(3) The Protocol should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Additional Protocol laying down the trade arrangements for certain fish and fishery products to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the Protocol in order to bind the Community.

Done at Brussels, 17 December 2001.

For the Council

The President

A. Neyts-Uyttebroeck

(1) OJ L 347, 31.12.1993, p. 2.
<PAGE>



EXHIBIT 99.1

                           NATIONAL AUTO CREDIT, INC.
                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                           PURSUANT TO 18 U.S.C. 1350
                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

I, James J. McNamara, Chief Executive Officer of National Auto Credit, Inc., a
Delaware corporation (the "Registrant"), in connection with the Registrant's
Quarterly Report on Form 10-Q for the period ended October 31, 2002, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
do hereby represent, warrant and certify pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

        (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

        (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Registrant.


/s/ James J. McNamara
--------------------------------------------
Name:  James J. McNamara
Title: Chief Executive Officer
Date:  December 12, 2002
#### Leroy WEATHERS, Appellant, v. UNITED STATES of America, Appellee.

No. 20424.

United States Court of Appeals Ninth Circuit.

Oct. 11, 1966.

*395Leroy Weathers, in pro. per.

Cecil F. Poole, U. S. Atty., Wm. B. Shubb, Asst. U. S. Atty., Sacramento, Cal., for appellee.

Before HAMLEY, MERRILL and BROWNING, Circuit Judges.

PER CURIAM:

Appellant, under Title 28 U.S.C. § 2255 (1964), seeks to vacate and set aside a sentence of imprisonment on the ground that it was founded on perjured testimony to the knowledge of Government counsel. He has appealed from the District Court’s denial of relief.

The District Court granted appellant a ■hearing at which the trial witness — the alleged perjurer — was present. After hearing conflicting testimony from the witness and from appellant, the court credited the testimony of the witness and found that at trial he had testified truthfully.

The findings of the District Court were not clearly erroneous.

Judgment affirmed.
[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Page 12120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04417]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB849]


Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; public meeting.

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

SUMMARY: The Mid-Atlantic Fishery Management Council will hold a public 
meeting of its Mackerel, Squid, and Butterfish (MSB) Monitoring 
Committee. See SUPPLEMENTARY INFORMATION for agenda details.

DATES: The meeting will be held on Friday, March 18, 2022, from 1:30 
p.m. until 4 p.m.

ADDRESSES: The meeting will be held via webinar. Connection information 
will be posted to the calendar prior to the meeting at www.mafmc.org.
    Council address: Mid-Atlantic Fishery Management Council, 800 N 
State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331; 
www.mafmc.org.

FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive 
Director, Mid-Atlantic Fishery Management Council, telephone: (302) 
526-5255.

SUPPLEMENTARY INFORMATION: The Council's Mackerel, Squid, and 
Butterfish (MSB) Monitoring Committee will review recent fishery 
performance and the Scientific and Statistical Committee's (SSC) catch 
recommendations regarding Illex squid and Atlantic mackerel. Based on 
the SSC's recommendations, the Monitoring Committee will develop 
recommendations about Illex squid specifications and Atlantic mackerel 
rebuilding.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aid should be directed to Shelley Spedden, (302) 526-5251, at 
least 5 days prior to the meeting date.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 25, 2022.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2022-04417 Filed 3-2-22; 8:45 am]
BILLING CODE 3510-22-P
#### The People of the State of New York, Respondent, *v.*Albie L. Hotchkiss, Appellant.

Argued November 24, 1943;

decided January 6, 1944.

*769
      *Joseph Stein*for appellant.

*Joseph A. Devins, District Attorney (Beverly S. Galloway*of counsel), for respondent.

Judgment affirmed; no opinion.

Concur: Lehman, Ch. J., Loiighran, Rippby, Lewis, Conway, Desmond and Thachee, JJ.
# DISTRICT HEALTH DEPARTMENT AIR QUALITY MANAGEMENT DIVISION

June 5,2008 Mr. Sean Hogan Technical Support Office (AIR-7) 

### U.S. EPA - Region IX 75 Hawthorne Street San Francisco, CA 94105

Dear Mr. Hogan: Inaccordance with 40 CFR Part 58, this letter certifiesthat all Washoe County, Nevada, calendar year 2007, arr~bient air quality monitoring and quality assurance data have been completely submittedto the AQS and are both accurate to the best of my knowledge taking into consideration the quality assurance findings. The attached SLAMS summary reports generated by AQS therefore depict accurate ambient air quality monitoring and quality assurance summary statisticsfor 2007. Sincerely, Duane Sikorski Air Quality Planning and Monitoring Supervisor

401 RYLAND STREET, Ste. 331 P.O. BOX 11130, RENO, NEVADA 89520 

### - 0027 (775) 784-7200 FAX (775) 784-7225 www.waslioecounty.us/health
WASHOE COUNTY IS AN EQUALOPPCRTUNITY EMPLOYER HIRING EMPLOYMENT ELElGlBLEAPPLICANTS