alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Robert Nicholas ROSS, Defendant-Appellant.

No. 17-6404

United States Court of Appeals, Fourth Circuit.

Submitted: October 11, 2017

Decided: November 2, 2017

Barry Philip Beck,- POWER, BECK <& MATZUREFF, Martinsburg, West Virginia, for Appellant. Paul Thomas Camilletti, Assistant United States Attorney, Martins-burg, West Virginia, for Appellee.

Before TRAXLER, KEENAN, and HARRIS, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

*272PER .CURIAM:

Robert Nicholas Ross appeals the district court’s order denying his 28 U.S.C. § 2255 (2012) motion. Ross was sentenced as an armed career criminal to 180 months’ imprisonment for his felon in possession of a firearm offense, 18 U.S.C. §§ 922(g), 924(e) (2012).

In his § 2255 motion, Ross challenged the 180-month sentence, relying on *Johnson v. United States,*— U.S. —, 135 S.Ct. 2551, 2556-58, 192 L.Ed.2d 569 (2015) (holding that residual clause of Armed Career Criminal Act (ACCA) is unconstitutionally vague). Although Ross clearly stated a challenge to his ACCA sentence, both Ross and the district court at various points seemed to conflate Ross’ ACCA sentence with a career offender sentence under the Sentencing Guidelines. As a result of this confusion, the district court denied Ross relief on the ground that the Sentencing Guidelines are not subject to a vagueness challenge under the Due Process Clause, citing the Supreme Court’s recent opinion in *Beckles v. United States,*— U.S. —, 137 S.Ct. 886, 895, 197 L.Ed.2d 145 (2017).

On appeal, Ross, now with the assistance of counsel, continues to challenge his ACCA sentence, asserting that his prior Maryland burglary convictions do not qualify as proper predicate offenses supporting an ACCA enhancement in light of *Johnson,*Because the district court appears to have misconstrued Ross’ claim, we conclude that a certificate of appealability is warranted. *See*28 U.S.C. § 2253(c)(1)(B), (2) (2012); *Miller-el v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). Therefore, we grant a certificate of appealability, vacate the decision of the district court, and remand the case to the district court to allow the court to consider the § 2255 motion as a challenge to Ross’s ACCA sentence rather than as a challenge to a career offender sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*VACATED AND REMANDED*
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.                  

###### Office of Personnel Management

# AGENCY:

Office of Personnel Management.

# ACTION:

Notice of meeting.

# SUMMARY:

The Civil Service Retirement System Board of Actuaries plans to meet on Tuesday, May 10, 2022. The meeting will start at 10:00 a.m. EDT and will be held at the U.S. Office of Personnel Management (OPM), 1900 E Street NW, Washington, DC 20415. The purpose of the meeting is for the Board to review the actuarial methods and assumptions used in the valuations of the Civil Service Retirement and Disability Fund (CSRDF).

## Agenda

1. Summary of recent legislative proposals

2. Review of actuarial assumptions

a. Demographic Assumptions

b. Economic Assumptions

3. CSRDF Annual Report

Persons desiring to attend this meeting of the Civil Service Retirement System Board of Actuaries, or to make a statement for consideration at the meeting, should contact OPM at least 5 business days in advance of the meeting date at the address shown below. Attendance may be limited in accordance with the building's operating status and the health and safety protocols in effect as of the date of the meeting. Any detailed information or analysis requested for the Board to consider should be submitted at least 15 business days in advance of the meeting date. The manner and time for any material presented to or considered by the Board may be limited.

# FOR FURTHER INFORMATION CONTACT:

                        Gregory Kissel, Senior Actuary for Pension Programs, U.S. Office of Personnel Management, 1900 E Street NW, Room 4316, Washington, DC 20415. Phone (202) 606-0722 or email at                         *actuary@opm.gov.*

For the Board of Actuaries.

Alexys Stanley,

Regulatory Affairs Analyst.

[FR Doc. 2022-05443 Filed 3-14-22; 8:45 am]

BILLING CODE 6325-63-P
EXHIBIT
32.1




CERTIFICATION





We, John
N. Hatsopoulos, Chief Executive Officer, and Anthony S. Loumidis, Chief
Financial Officer, of American DG Energy Inc., or the company, certify,
pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:




1. The
Annual Report on Form 10-K of the company for the year ended December 31, 2009,
or the Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78 m or 78o(d)); 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 31, 2010


/s/ John
N. Hatsopoulos
 
 John N.
Hatsopoulos
 Chief
Executive Officer
  /s/
Anthony S. Loumidis
 Anthony
S. Loumidis
 Chief
Financial Officer
  The
foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350
and is not being filed as part of the Report or as a separate disclosure
document.
  A signed
original of this written statement required by 18 U.S.C. § 1350 has been
provided to the company and will be retained by the company and furnished to the
Securities and Exchange Commission or its staff upon request.
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 Amendment No. 2 to the Annual Report on Form 10-K/A of HK Graphene Technology Corporation (the Company) for the year ended December 31, 2015, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jianguo Xu, Chief Executive Officer 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.  IN WITNESS WHEREOF, the undersigned has executed this certification as of November 3, 2015.  /s/ Chunhua HuangName:Chunhua HuangTitle:Chief Financial Officer(Principal Financial Officer)  A signed original of this written statement, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement, has been provided to HK Graphene Technology Corporation, and will be retained by HK Graphene Technology Corporation, and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>
Halifax Letter
June 7, 2002
Page 1



                                                                    EXHIBIT 10.4

                [TO BE PRINTED ON HALIFAX FUND, L.P. LETTERHEAD]



June 7, 2002

Mr. Bruce C. Rosetto
Executive Vice President and Secretary
U.S. Plastic Lumber Corp.
2300 W. Glades Rd., Suite 440W
Boca Raton, Florida 33431


                           HALIFAX CONSENT AND WAIVER

Dear Bruce:

                  Halifax Fund, L.P. and its affiliated entities (collectively,
"HALIFAX"), as holders of the Convertible Debenture Purchase Agreements dated as
of February 2, 2000 and June 15, 2001 between USPL and Halifax (the "PURCHASE
AGREEMENTS") and the related Convertible Debentures due February 2, 2005 (the
"February 2005 Debenture") and May 31, 2002 (the "May 2002 DEBENTURE"),
respectively, and together with the Purchase Agreements and all other related
documents, instruments and agreements, the "HALIFAX DOCUMENTS", hereby state
that they have no objection to the sale of all of the issued and outstanding
capital stock of Clean Earth, Inc., a Delaware corporation ("CLEAN EARTH") by
U.S. Plastic Lumber Corp., a Nevada corporation ("USPL") to CEI Holding
Corporation, a Delaware corporation and/or CEI Acquisition Corp., a Delaware
corporation, or such other nominee as sponsored by EOS Partners, L.P. (the
"CLEAN EARTH SALE TRANSACTION"). ). In particular, Halifax hereby waives any and
all defaults that may arise under, or relate to, the Halifax Documents as a
result of the Clean Earth Sale Transaction, including but not limited to, any
default pursuant to Section 19(g) of the February 2002 Debenture and Section 17
(g) of the May 2002 Debenture.

                  Subject to the execution of definitive documentation as
contemplated by the letter dated June 6, 2002 from USPL addressed to Scott
Grotjan of The Palladin Group, L.P., upon the consummation of the Clean Earth
Sale Transaction, Halifax will (i) release any and all of its liens upon, and
security interests in, all of the assets of Clean Earth, Inc. and its
subsidiaries (including but not limited to any liens or security interest
against the capital stock of Clean Earth and its subsidiaries), and (ii)
cooperate with and/or authorize USPL or Clean Earth to file any documents
necessary to terminate Halifax's liens and/or security interests of record as
herein indicated.

                  This letter agreement is intended to be a binding agreement
between the parties hereto and shall be governed by the laws of the State of New
York, without giving effect to the conflict or choice of law provisions or
rules.

                                            Very truly yours,

                                            HALIFAX FUND, L.P.


                                            By: /s/ ROBERT CHENDER
                                            -----------------------------------
                                            Name: Robert Chender
                                            Title: Managing Director
#### UNITED STATES of America Plaintiff-Appellee v. Oscar Flores VAZQUEZ Defendant-Appellant

No. 16-3754

United States Court of Appeals, Eighth Circuit.

Submitted: April 25, 2017

Filed: May 5, 2017

Mikaela Jo Shotwell, Assistant U.S. Attorney, U.S. Attorney’s Office, Des Moines, IA, for Plaintiff-Appellee

Oscar Flores Vazquez, Pro Se

Before RILEY, MURPHY, and SHEPHERD, Circuit Judges.

PER CURIAM.

After Oscar Flores Vazquez pleaded guilty to conspiracy to distribute methamphetamine, the district court1 varied below the advisory Guidelines range to impose a sentence of 42 months in prison, to be followed by 3 years of supervised release. On appeal, counsel has moved to withdraw; and in a brief filed under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), he argues that the sentence is substantively unreasonable, because Vazquez’s lack of criminal history, and his minimal and non-violent involvement in the offense, warranted a lesser sentence.

Counsel’s argument fails. Upon review of the sentencing transcript, we conclude that the district court’s carefully considered sentence was not an abuse of discretion. See 18 U.S.C. § 3553(a); United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (standard of review); United States v. Stults, 575 F.3d 834, 849 (8th Cir. 2009) (where court makes individualized assessment based on facts presented, addressing proffered information in consideration of § 3553(a) factors, sentence is not unreasonable); United States v. Lazarski, 560 F.3d 731, 733-34 (8th Cir. 2009) (where court varied down*600ward from Guidelines range, it is “nearly inconceivable” that it abused its discretion in not varying downward further still). Further, having reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issue for appeal.

Accordingly, we affirm, and we grant counsel’s motion to withdraw.

1

. The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.
Facility and Unit specific emission reports for 2002 and 2018 are generated using a Microsoft Access

Database that is too large to upload to the docket materials. File name is : “Pechan CENRAP EI

Summary Project_Final Aug 2007.mdb”

This file is available upon request.
#### UNITED STATES of America, Plaintiff-Appellee, v. Jennifer Louise VANMETER, Defendant-Appellant.

No. 16-11184 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed May 24, 2017

Brian W. McKay, Esq., Assistant U.S. Attorney, James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee

Brandon Elliott Beck, Federal Public Defender’s Office, Northern District of Texas, Lubbock, TX, for Defendant-Appellant

Before JOLLY, SMITH, and GRAVES, Circuit Judges.

PER CURIAM: *

Jennifer Vanmeter was convicted of being a felon in possession of a firearm and appeals her within-guidelines sentence of 46 months of imprisonment and two years of supervised release. She contends that the court erred by calculating her sentence under U.S.S.G. § 2K2.1(a)(4)(A) and designating her Texas conviction of aggravated assault with a deadly weapon as a qualifying crime of violence (“COV”) as defined by U.S.S.G. § 4B1.2 (2015). We review *de novo*whether the district court properly characterized a conviction as a COV. *United States v. Guillen-Alvarez,*489 F.3d 197, 198 (6th Cir. 2007).

Although Vanmeter contends that her Texas conviction does not constitute generic aggravated assault, she concedes correctly that her challenge in that regard is foreclosed by *Guillen-Alvarez, id.*at 200-01. *See also United States v. Villasenor-Ortiz,*No. 16-10366, 675 Fed.Appx. 424, 425-28, 2017 WL 113917, *2-3 (5th Cir. Jan. 11, 2017) (per curiam) (reaffirming the continued validity of *Guillen-Alvarez*in the wake of *Mathis v. United States,*— U.S. -, 136 S.Ct. 2243, 195 L.Ed.2d *810604 (2016)). Vanmeter also avers that aggravated assault is no longer an enumerated offense under § 4B1.2 because *Johnson v. United States,*— U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), also invalidated § 4B1.2(a)(2)’s residual clause. In *Bedeles v. United States,*— U.S. -, 137 S.Ct. 886, 892, 197 L.Ed.2d 145 (2017), the Court held that *Johnson's*holding was not applicable to the definition of a COV in § 4B1.2(a)(2) because the guidelines are not subject to a vagueness challenge under the Due Process Clause. *Bedeles*therefore effectively forecloses Vanmeter’s theory based on *Johnson.*

Accordingly, the judgment is AFFIRMED.

*

 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.
Date 04/02/15 Page 1 of 1



### INITIAL REVIEW EXPOSURE REPORT

Summary Page

Chemical ID: P-15 -0306 Re viewer: SD/Wong

Endpoints-Assessed Table

Endpoints/Assessment Cycles 1 Releases

Assessed in NCEM2? Reasons for not assessing releases

No X B Testing Required No

Hazard Concern No

Releases Release

Below Acute Threshold 5 Release

Below Chronic Threshold 5 Other

Ingestion Surface water Ground water (landfill) Consumer Use: DtD 2

Inhalation Air: incineration (stack) Air: fugitive Consumer Use: CEM 3

Dermal Consumer Use: CEM Eco Surface water: ADR conc and/or PDM 4

Consumer Use: DtD

1 Assessment cycles are endpoint concentrations and dose calculations within the NCEM2 model.

2 Down-the-Drain

3 Consumer Exposure Model

4 Probabilistic Dilution Model

5 The threshold values for assessing endpoints are 1 mg/day for acute doses and 1 mg/year for chronic doses.

EAB DROP: Release information for this compound does not meet criteria for preparation of an exposure assessment in the Exposure Assessment Branch ’ s (EAB) Initial Review Exposure Report (this report).
EXHIBIT 32.2

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT

TO SECTION 906 OF THE SARBANES-OXLEYACT OF 2002

 

In connection with the Annual Report of Infrax Systems, Inc.(the "Company") on Form 10-K for the year ended June 30, 2014, as filed with the Securities and Exchange Commission onthe date hereof (the "Report"), I, Sam Talari, Principal Financial Officer of the Company, certify, pursuant to18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2001, that:

 

The Report fully complies with the requirements of Section13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

The information contained in the Report fairly presents,in all material respects, the financial condition and results of operations of the Company.

 

Dated: September 29, 2014

 

  

/s/ Sam Talari                   

Sam Talari, Principal Financial Officer and

Principal Accounting Officer and Director
#### In the Matter of the Estate of Amy J. Evans, Deceased. Janet W. Hill, Respondent; Durward R. Evans, as Executor of Amy J. Evans, Deceased, Appellant.

Submitted February 23, 1943;

decided March 4, 1943.

Motion for leave to reargue motion to dismiss appeal denied with ten dollars costs and necessary printing disbursements. (See 289 N. Y. 840.)
#### UNITED STATES of America, Plaintiff-Appellee v. Melvin JACKSON, also known as Melvo Jackson, Defendant-Appellant

No. 17-30387 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed November 9, 2017

Kevin G. Boitmann, Assistant U.S. Attorney, Diane Hollenshead Copes, Esq., Assistant U.S. Attorney, Maurice Edwin Landrieu, Esq., Assistant U.S. Attorney,' U.S. Attorney’s Office, Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee

Celia Clary Rhoads, Esq., Claude John Kelly, III, Federal Public Defender, Federal Public Defender’s Office, Eastern Dis*393trict of Louisiana, New Orleans,- LA, for Defendant-Appellant

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

Melvin Jackson was convicted of conspiracy, being a felon in possession of a firearm, and possession with the intent to distribute heroin. *United States v. Jackson,*662 Fed.Appx. 310, 312 (5th Cir. 2016). On appeal, Jackson raised several issues, including a constitutional challenge to his sentence that was foreclosed by *United States v. Hernandez,*633 F.3d 370, 374 (5th Cir. 2011). *See Jackson*662 Fed.Appx. at 312, 319. We affirmed Jackson’s conviction but vacated and remanded the sentence for further consideration of the application of a sentencing enhancement based on the severity of the injury to the victim. *Id.*at 318-20. On remand, the district court found that the sentencing enhancement was appropriate." Jackson does not challenge this finding.

On appeal, Jackson states that in his initial appeal he raised the issue that his sentence was unconstitutional because it was based on uncharged conduct. Jackson concedes that this argument is foreclosed by *Hernandez,*but he raises the issue again to preserve it for possible further review. Accordingly, Jackson’s unopposed motion for summary ' disposition is GRANTED, his alternative motion for an extension of time is DENIED, and the district court’s judgment is AFFIRMED.

*

 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.
----

|   | MIDLAND                  LOAN SERVICES, INC.                                                                                                                                                                                                                                                                                                                                                                                               |   |   |   |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|--------|--------|
|   |                                                                                                                                                                                                                                                                                                                                                                                                                                       |   |   |   |   |
|   | /s/                  Steven W. Smith                         3/1/07                                                       |   |   |   |
|   | Steven                  W.                  Smith                                Date                                                                                                                                                                                                                                                                                |   |   |   |   |
|   | Chief                  Operating Officer and Executive Vice President                                                                                                                                                                                                                                                                                                                                                                      |   |   |   |

**A      member of The PNC Financial Services Group**

**T**
**F**

----
Exhibit 99.2

                   CERTIFICATION OF CHIEF FINANCIAL OFFICER

  Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)

    The undersigned executive officer of Jacksonville Bancorp, Inc., (the
"Registrant") hereby certifies that the Registrant's Form 10-Q for the nine
months ended June 30, 2002 fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934 and that the information
contained therein fairly presents, in all material respects, the financial
condition and results of operations of the Registrant.


                                   /s/ Bill W. Taylor
                                   ------------------------------------------
                                   Name: Bill W. Taylor
                                   Title: Executive Vice President and Chief
                                   Financial Officer

Date: August 7, 2002




















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