alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Dickinson Norman ADIONSER, a/k/a D.C. Black, Defendant-Appellant.

No. 16-7748

United States Court of Appeals, Fourth Circuit.

Submitted: April 20, 2017

Decided: June 7, 2017

Dickinson Norman Adionser, Appellant Pro Se. Darryl James Mitchell, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Dickinson Norman Adionser seeks to appeal the district court’s order denying relief on his “Emergency Motion for Clarification of District Court Senior Judge Henry Coke Morgan’s Jr. Order dated November 2, 2015, filed February 24, 2016 in Regards to Appeal Jurisdiction.” With regard to the dismissal of Adionser’s successive 28 U.S.C. § 2255 (2012) claims, the order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d *709931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Adionser has not made the requisite showing with respect to these claims. Accordingly, we deny a certificate of appealability and dismiss the appeal in part. With regard to the denial of Adionser’s Fed. R. Civ. P. 60(b) claims, we affirm in part for the reasons stated by the district court. *United States v. Adionser,*No. 2:03-cr-00081-HCM-JEB-l (E.D. Va. Oct. 25, 2016). 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.

*DISMISSED IN PART; AFFIRMED IN PART*
Exhibit 32.1


     Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In  connection  with the filing of the  Quarterly  Report on Form 10-QSB for the
quarter  ended  June  30,  2004  (the  "Report")  by  SmartServ   Online,   Inc.
("Registrant"), each of the undersigned hereby certifies that:

     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/ Robert M. Pons
                                                --------------------------------
                                                Robert M. Pons
                                                Chief Executive Officer
                                                Dated:  August 16, 2004


                                                /s/ Len von Vital
                                                --------------------------------
                                                Len von Vital
                                                Chief Financial Officer
                                                Dated:  August 16, 2004


A signed  original of this  written  statement  required by Section 906 has been
provided to SmartServ  Online,  Inc.  and will be retained by SmartServ  Online,
Inc. and furnished to the Securities  and Exchange  Commission or its staff upon
request.



                                       31
| 1. | I      have reviewed this annual report on Form 10–K/A of Duncan Energy Partners      L.P.; and |
|----|-------------------------------------------------------------------------------------------------------|

| 2. | Based      on my knowledge, this 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. |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|     Date:      June 11, 2009 |   |   |              /s/ W. Randall Fowler                                |   |
|--------------------------------------------------|--------|--------|-----------------------------------------------------------------------------------------------------------|--------|
|                                             |   | Name:  | W.      Randall Fowler                                                                                    |   |
|                                             |   | Title: | Chief      Financial Officer of DEP Holdings, LLC,the      General Partner of Duncan Energy Partners L.P. |   |
|                                             |   |   |                                                                                                      |   |

----
#### UNITED STATES of America, Plaintiff-Appellee, v. Morgan Luther EVANS, Defendant-Appellant.

No. 16-13218 Non-Argument Calendar

United States Court of Appeals, Eleventh Circuit.

(April 12, 2017)

David Charles Waterman, Arthur Lee Bentley, III, Christopher Francis Murray, U.S. Attorney’s Office, TAMPA, FL, for Plaintiff-Appellee

Before JULIE CARNES, JILL PRYOR and ANDERSON, Circuit Judges.

*705PER CURIAM:

Serbo C. Simeoni, appointed counsel for Morgan Evans in this direct criminal appeal, 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 Evans’s conviction and sentence are AFFIRMED.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE AUDITED
CONSOLIDATED BALANCE SHEET AS OF MARCH 31, 2000, AND THE UNAUDITED STATEMENTS OF
OPERATIONS FOR THE THREE MONTHS THEN ENDED CONTAINED IN THE REPORT ON FORM 10-Q
FOR THE THREE MONTHS ENDED MARCH 31, 2000 OF WIRELESS XCESSORIES GROUP, INC.,
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                             504
<SECURITIES>                                         0
<RECEIVABLES>                                    4,387
<ALLOWANCES>                                     (162)
<INVENTORY>                                      5,265
<CURRENT-ASSETS>                                11,379
<PP&E>                                           1,208
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  14,733
<CURRENT-LIABILITIES>                            4,009
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             5
<OTHER-SE>                                       6,898
<TOTAL-LIABILITY-AND-EQUITY>                    14,733
<SALES>                                          7,137
<TOTAL-REVENUES>                                 7,137
<CGS>                                            3,560
<TOTAL-COSTS>                                    3,560
<OTHER-EXPENSES>                                 3,194
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  77
<INCOME-PRETAX>                                    306
<INCOME-TAX>                                       132
<INCOME-CONTINUING>                                174
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       174
<EPS-BASIC>                                        .03
<EPS-DILUTED>                                      .03


</TABLE>
# EUR-Lex - 32001R1613 - EN

Avis juridique important

*|*

# 32001R1613

**Commission Regulation (EC) No 1613/2001 of 7 August 2001 amending Regulation (EC) No 896/2001 laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the arrangements for importing bananas into the Community **

*
Official Journal L 214 , 08/08/2001 P. 0019 - 0019 *

Commission Regulation (EC) No 1613/2001

of 7 August 2001

amending Regulation (EC) No 896/2001 laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the arrangements for importing bananas into the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas(1), as last amended by Regulation (EC) No 216/2001(2), and in particular Article 20 thereof,

Whereas:

(1) Commission Regulation (EC) No 896/2001(3) lays down the new detailed rules for applying Regulation (EEC) No 404/93 as regards the management of the tariff import quotas provided for in Article 18(1) of that Regulation, applicable from 1 July 2001.

(2) The second subparagraph of Article 8(2) of Regulation (EC) No 896/2001 lays down that proof of dispatch in the case of non-traditional operators is furnished by producing copies of the bill of lading and the ship's manifest or, where applicable, the road or air transport document, drawn up in the name of the operator, for the quantities actually imported. In order to ensure that this provision is uniformly applied, it should be specified that the requisite proof must cover dispatch from the goods' country of origin, regardless of the means of transport used. This amendment should apply, for the first time, to the dispatches linked to import operations effected in respect of the fourth quarter of 2001.

(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Bananas,

HAS ADOPTED THIS REGULATION:

Article 1

The second subparagraph of Article 8(2) of Regulation (EC) No 896/2001 is replaced by the following: "Proof of dispatch shall be furnished by producing copies of the bill of lading and the ship's manifest or, where applicable, the road or air transport document, covering dispatch from the country of origin, drawn up in the name of the operator, for the quantities actually imported."

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply, for the first time, to dispatches linked to import operations effected in respect of the fourth quarter of 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 August 2001.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ L 47, 25.2.1993, p. 1.

(2) OJ L 31, 2.2.2001, p. 2.

(3) OJ L 126, 8.5.2001, p. 6.
# EUR-Lex - 32002D0970 - EN

Avis juridique important

*|*

# 32002D0970

**2002/970/EC: Council Decision of 18 November 2002 concerning the conclusion on behalf of the European Community of the International Cocoa Agreement 2001 **

*
Official Journal L 342 , 17/12/2002 P. 0001 - 0001 *

Council Decision

of 18 November 2002

concerning the conclusion on behalf of the European Community of the International Cocoa Agreement 2001

(2002/970/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas:

(1) On 2 March 2001 the Unctad negotiating conference formally approved by way of decision the text of the International Cocoa Agreement 2001.

(2) This new agreement has been negotiated to replace the International Cocoa Agreement 1993, as extended, which will remain in force until 30 September 2003 at the latest.

(3) The International Cocoa Agreement 2001 is open for signature and deposit of the instruments of ratification, acceptance or approval.

(4) The Community is a member of the 1993 International Agreement, as extended, and it is therefore in its interest to approve the agreement which succeeds it,

HAS DECIDED AS FOLLOWS:

Article 1

The International Cocoa Agreement 2001 is hereby approved on behalf of the European Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the agreement and deposit the instrument of approval on behalf of the Community.

Done at Brussels, 18 November 2002.

For the Council

P. S. Møller

The President
From: Telander.Jeff@epamail.epa.gov [mailto:Telander.Jeff@epamail.epa.gov] 

Sent: Monday, October 20, 2008 2:44 PM

To: Terry Schimmel (Bricks - Phenix City)

Cc: Fruh.Steve@epamail.epa.gov; Marinshaw, Richard; Holloway, Thomas C. (Tom)

Subject: Re: Brick Industry Association MACT Data Collection

Terry,

Thanks for forwarding this information.

You are welcome to submit hard copy with a CD ROM, but it isn't necessary as email correspondence is 

also part of the official record.

Please confirm that non of the information is considered to be CBI.

Thanks,

Jeff

Jeff Telander

Sector Policies and Programs Division

Office of Air Quality Planning and Standards

(D243-02)

RTP, NC 27711

919 - 541-5427

919 - 541-5450 (FAX)

Overnight mail address:

US EPA

Mail Code D243-02

109 TW Alexander Drive

RTP, NC 27709

From: "Terry Schimmel (Bricks – Phenix City)" Terry.Schimmel@boral.com

Sent: 10/17/2008 02:48 PM

To: Jeff Telander/RTP/USEPA/US@EPA

Cc:

Subject: Brick Industry Association MACT Data Collection

Jeff,

Attached please find electronic files of a letter as well as an undated spreadsheet based on the new data 

we have collected. Please acknowledge receipt of this email as well as letting me know if you need for 

me to follow up with either a CD, hard copy or both. You probably need to give me a little guidance on 

the proper protocol to use here in submitting this information formally.
Thanks,

Terry

(See attached file: Initial Data Submittal to EPA.pdf)

(See attached file: Summary Table- for EPA.xlsx.tg.zip)
Exhibit 32.1  Certification Pursuant to 18 U.S.C. Sec. 1350 (Section 906 of the SarbanesOxley Act
of 2002)  In connection
with the filing by TravelCenters of America LLC (the Company) of the
Annual Report on Form 10-K for the period ending December 31, 2008
(the Report), each of the undersigned hereby certifies, to the best of his
knowledge:  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: March 2, 2009
  
  /s/ THOMAS
  M. OBRIENThomas M.
  OBrienPresident and Chief Executive Officer/s/ ANDREW
  J. REBHOLZAndrew J.
  RebholzExecutive Vice President, Chief Financial Officer and 
  Treasurer
* Pursuant to 5 TH 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 5 TH CIR
. R. 47.5.4.

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-20363 Summary Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee v. ARTHUR R. HARRISON; FLOYD YOUNG; AUDRA RENEE HARRISON Defendants-Appellants

Appeals from the United States District Court for the Southern District of Texas USDC No. H-05-3507
Before STEWART, OWEN and SOUTHWICK, Circuit Judges. PER CURIAM: * On appeal, Arthur R. Harrison disputes the district court’s assessment of his outstanding federal income tax liability. Both Harrison and his adult daughter, Audra Renee Harrison, challenge the court’s determination that Arthur Harrison fraudulently transferred or concealed certain real and personal property by nominally titling the property in the name ofeither FloydYoung or United States Court of Appeals

Fifth Circuit 

### F I L E D April 8, 2008 Charles R. Fulbruge III ClerkNo. 07-20363

1 The court’s determination that Harrison was the true owner of the property meant that the property was subject to foreclosure and sale to satisfy Harrison’s outstanding tax liability. 2 of Harrison’s daughter, Audra. 1 Harrison’s daughter also asserts that she was entitled to a jury trial on issues related to the ownership of the disputed property. However, the government’s suit against Harrison was one to enforce tax liens and set aside fraudulent conveyances. There is no right to a jury trial in an equitable action to enforce a tax lien. F ederal Deposit Ins. Corp. v. New London Enterprises, Ltd., 619 F.2d 1099, 1103 (5th Cir. 1980). Ms. Harrison argues that she has the right to a jury trial independent of any rights that Harrison may have. This argument is without merit. The government is not asserting an independent action against Ms. Harrison. She was named as a defendant in the suit as the record owner ofthe property. The government’s sole claim is against Harrison for fraudulent conveyance, and this Court has made it clear that there is no right to a jury trial in such a case. D uncan v. First Nat’l Bank, 597 F.2d 51, 56 (5th Cir. 1979). The district court entered Findings of Fact and Conclusions of Law after
a seven-day bench trial in which the court heard testimony from sixteen witnesses. We have reviewed the court’s detailed findings and the record in this case, and have considered the briefs ofthe parties. We are satisfied the district court committed no reversible error. Therefore, we affirm the district court’s judgment for the same reasons set out in the Findings of Fact and Conclusions of Law dated March 13, 2007. All outstanding motions are DENIED. AFFIRMED.
I 

118TH CONGRESS 

2D SESSION H. R. 7057 

To require the Financial Stability Oversight Council to report to Congress 

annually on the threat illegal immigration poses to the financial stability 

of the United States and recommendations on mitigating such threat, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2024 

Mr. WILLIAMS of Texas introduced the following bill; which was referred to 

the Committee on Financial Services 

A BILL 

To require the Financial Stability Oversight Council to report 

to Congress annually on the threat illegal immigration 

poses to the financial stability of the United States and 

recommendations on mitigating such threat, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Evaluating Financial 

5 Impacts of Illegal Immigration Act’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 7057 IH

1 SEC. 2. ANNUAL REPORTING ON THE THREAT OF ILLEGAL 

2 IMMIGRATION TO FINANCIAL STABILITY. 

3 Section 112(a)(2)(N) of the Financial Stability Act 

4 of 2010 (12 U.S.C. 5322(a)(2)(N)) is amended— 

5 (1) in clause (iii), by inserting ‘‘, including ille6 gal immigration’’ before the semicolon; and 

7 (2) in clause (vi)— 

8 (A) in subclause (II), by striking ‘‘and’’ at 

9 the end; 

10 (B) in subclause (III), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(IV) to mitigate the financial 

14 challenges associated with illegal im15 migration.’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
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

The undersigned, David K. Spohr, hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Quarterly Report on Form 10-Q of Futures Strategic Trust for the period July 1, 2007 to September 30, 2007, as filed with the Securities and Exchange Commission on the
date hereof (the Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                         
|---------------------------------------------------------
|/s/ David K. Spohr                                       
|David K. Spohr                                           
|Senior Vice President and Director of Fund Administration
|(Principal Financial/Accounting Officer)                 
|                                                         
|Date: November 13, 2007