alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. William Lewis Dontars MEEKS, a/k/a Willie, a/k/a Rock, Defendant-Appellant.

No. 17-6756

United States Court of Appeals, Fourth Circuit.

Submitted: October 25, 2017

Decided: November 13, 2017

Brian Michael Aus, BRIAN AUS, ATTORNEY AT LAW, Durham, North Carolina, for Appellant. Jill Westmoreland Rose, United States Attorney, Daniel Steven Ryan, Kevin Zolot, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North- Carolina; Thomas Michael Kent, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

Before AGEE and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

William Lewis Dontars Meeks seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a *276circuit justice or judge issues a certificate of appealability. 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 931 (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 Meeks has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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*
Slip Op. 14-

UNITED STATES COURT OF INTERNATIONAL TRADE 

ORDER FOR REMAND

This remand order follows MacLean-Fogg Co. v. United 

States, 753 F.3d 1237 (Fed. Cir. 2014), reh’g en banc denied 

Ct. No. 13-1187, ECF No. 82 (Dec. 1, 2014) (per curiam). The 

Court of Appeals for the Federal Circuit reversed and remanded 

this Court’s previous determination in MacLean-Fogg Co. v. 

United States, __ CIT __, 885 F. Supp. 2d 1337 (2012). 

Accordingly, MacLean-Fogg Co. v. United States, 

Consol. Ct. No. 11-00209, is hereby remanded to the Department 

of Commerce for reconsideration consistent with the Court of 

Appeals’ opinion. 

Commerce shall have until February 23, 2015, to 

complete and file its remand redetermination. Plaintiffs, 

Plaintiff-Intervenors, and Defendant-Intervenor shall have until 

March 9, 2015, to file comments. Defendant shall have until 

March 19, 2015, to file any reply. 

IT IS SO ORDERED. 

/s/ Donald C. Pogue

Donald C. Pogue, Senior Judge

Dated: December 22, 2014 

 New York, NY 

1 This action is consolidated with Court Nos. 11-00210, 11-00220, 

and 11-00221. Order, Aug. 23, 2011, ECF No. 26. 

MACLEAN-FOGG CO., et al.,

Plaintiffs,

v. 

UNITED STATES, 

Defendant.

Before: Donald C. Pogue, 

Senior Judge 

Consol. Court No. 11-002091
**Exhibit 31.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

**PURSUANT TO SECTION 302 OF**

**THE SARBANES-OXLEY ACT OF 2002**

 

I, David J. Kornder, certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of Patina Oil & Gas Corporation;

 

2. Based on my knowledge, this report does not contain any untrue statement ofa 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; 

 

3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

 

4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

 

b) evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

 

c) disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of registrant’s boardof directors (or persons performing the equivalent functions): 

 

a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize andreport financial information; and 

 

b) any fraud, whether ornot material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting. 

 

Date: April 29, 2004
# EUR-Lex - 32001R1851 - EN

Avis juridique important

*|*

# 32001R1851

**Commission Regulation (EC) No 1851/2001 of 20 September 2001 correcting Regulation (EC) No 2571/97 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs **

*
Official Journal L 253 , 21/09/2001 P. 0016 - 0016 *

Commission Regulation (EC) No 1851/2001

of 20 September 2001

correcting Regulation (EC) No 2571/97 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), as last amended by Regulation (EC) No 1670/2000(2), and in particular Article 15 thereof,

Whereas:

(1) Annex VII to Commission Regulation (EC) No 2571/97(3), as last amended by Regulation (EC) No 635/2000(4), lists the specifications to be entered in the T5 control copy. A check of all language versions has discovered a typing error in that Annex.

(2) Article 22(4) of that Regulation provides for a penalty for failure to comply with a subordinate obligation and Annex III thereto indicates the tracers to be used for Formula B. Typing and translation errors were found during a check of the German version of those provisions.

(3) The necessary corrections must therefore be made to that language version.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

1. The term "Butter" in the second paragraph of the third indent of the first indent of Annex VII.B(b) to Regulation (EC) No 2571/97 is replaced by the term "Butterfett".

2. Article 22 of Regulation (EC) No 2571/97 and Annex III thereto are corrected. These corrections concern only the German version of the Regulation.

Article 2

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

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

Done at Brussels, 20 September 2001.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48.

(2) OJ L 193, 29.7.2000, p. 10.

(3) OJ L 350, 20.12.1997, p. 3.

(4) OJ L 76, 25.3.2000, p. 9.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10** 
**- 2302** 

JOSEPH H. CHRISTIAN ,
Plaintiff

- Appellant ,

v.

VOUGHT AIRCRAFT INDUSTRIES, INCORPORATED ; VOUGHT AIRCRAFT SALARIED DISABILITY INCOME PLAN ,
Defendant s
- Appellee s
.

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

. Louise W. Flanagan , Chief District Judge. ( 5:09

- cv
- 00186

- FL )

Submitted : May 31 , 2011 Decided: July 20, 2011

Before GREGORY and KEENAN , Cir cuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by un published per curiam opinion

.

Joseph H. Christian, Appellant Pro Se. Jason Elliott, Ellen L. Perlioni, MORGAN, LEWIS & BOCKIUS, LLP, Dallas, Texas; Kevin Scott Joyner, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Joseph H. Christian appeals the district court ’ s order
granting Defendants’ motion for summary judgment . W e have
reviewed the record and find no reversible error. Accordingly,
we affirm for the reasons stated by the district court.
Christian v. Vought Aircraft Indus., Inc. , No. 5:09

- cv
- 00186

- FL

(E.D.N.C. Oct. 2 0, 2010) . We dispense with oral argument

becaus e the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the
decisional process.

AFFIRMED
Exhibit 32.2



CERTIFICATION OF

CHIEF FINANCIAL OFFICER

OF PATINA OIL & GAS CORPORATION

PURSUANT TO 18 U.S.C.ss.1350



1. I, David J. Kornder, Chief Financial Officer of Patina Oil & Gas Corporation (the Company), hereby certify to the best of my knowledge that the accompanying report on Form 10-Q for the quarterly
period ending September 30, 2003 and filed with the Securities and Exchange Commission on the date hereof pursuant to Section 13(a) of the Securities Exchange Act of 1934 (the Report) by the Company fully complies with the requirements
of that section.



2. I further certify to the best of my knowledge that the
information contained in the Report fairly presents, in all material aspects, the financial conditions and results of operations of the Company.



By:

/s/    David J.
KornderName:David J. KornderDate:   October 30, 2003




The foregoing certification is
being furnished solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code) and is not being filed as part of the Form 10-Q or as a separate disclosure
document.



A signed original of this written statement required by Section 906
has been provided to Patina Oil & Gas Corporation and will be retained by Patina Oil & Gas Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>
                                                                  EXHIBIT 10.06a



                                    AMENDMENT
                                     TO THE
                          AMENDED EMPLOYMENT AGREEMENT
                                 BY AND BETWEEN
                            MONRO MUFFLER BRAKE, INC.
                                       AND
                                 ROBERT G. GROSS


                  WHEREAS, Monro Muffler Brake, Inc. (the "Company") and Robert
Gross (the "Executive") entered into an amended and restated employment
agreement, dated as of February 16, 1999 (the "Agreement"), pursuant to which
Executive agreed to serve as President and Chief Executive Officer of the
Company;

                  WHEREAS, under Section 9.3 of the Agreement, the Agreement may
be amended by a written instrument signed by the Executive and the Company;

                  WHEREAS, Section 3.7(c) of the Agreement generally provides
that the Company shall pay the Executive an amount equal to the net Federal
income tax benefit to the Company from the Executive's exercise of certain
non-qualified stock options granted to the Executive pursuant to the Agreement;
and

                  WHEREAS, the Company and the Executive wish to cancel Section
3.7(c), and any obligations of the parties thereunder, from the Agreement.

                  NOW THEREFORE, pursuant to Section 9.3 of the Agreement, the
Agreement is hereby amended as follows:

                  1. Section 3.7(c) of the Agreement is hereby deleted in its
entirety.

                  2. This Amendment may be executed in two counterparts, each of
which shall be deemed an original but both of which together shall constitute
one and the same instrument.

                  3. The Agreement, except as otherwise set forth herein, shall
remain in full force and effect in all other respects.



<PAGE>




                  IN WITNESS WHEREOF, the parties have executed this Amendment
as of June 5, 2002.


                                       MONRO MUFFLER BRAKE, INC.

                                       By:    /s/ Robert W. August
                                              ----------------------------

                                       Name:  Robert W. August
                                              ----------------------------

                                       Title:    Secretary
                                              ----------------------------


                                       EXECUTIVE

                                       /s/ Robert G. Gross
                                       -----------------------------------
                                       Robert G. Gross
#### WALKER v. STROUD.

Appeal from limestone county.

*Appeal*— Practice.—Tins motion to dismiss the appeal bond is based on several grounds, all of which are fatal to the case, but one in particular requires a dismissal of the ease. The judgment appealed from is in favor of L. A. Stroud, and the appeal bond is signed by him. He not being a valid surety, and there being but one other on the bond, it, is insufficient, and for this reason the appeal must be dismissed.
EXHIBIT 32.1

                CERTIFICATION REQUIRED BY 18 U.S.C. SECTION 1350

In connection with the filing of the Quarterly Report on Form 10-Q for the three
month  and nine  month  periods  ended  September  30,  2003 (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
                                                 Interim Chief Executive Officer
                                                 Dated: December 11, 2003

                                                 /S/  THOMAS W. HALLER
                                                 -------------------------------
                                                 Thomas W. Haller
                                                 Sr. Vice President, Chief
                                                 Financial Officer & Treasurer
                                                 Dated: December 11, 2003

 A signed original of this written statement required by 18 U.S.C. SECTION 1350
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.
<TABLE> <S> <C>


<ARTICLE>                     5


<S>                                            <C>              <C>
<PERIOD-TYPE>                                  3-MOS            6-MOS
<FISCAL-YEAR-END>                              JUL-31-1999      JUL-31-1999
<PERIOD-START>                                 NOV-01-1999      AUG-01-1999
<PERIOD-END>                                   JAN-31-2000      JAN-31-2000
<CASH>                                         283,181          283,011
<SECURITIES>                                   0                0
<RECEIVABLES>                                  1,081,084        1,015,258
<ALLOWANCES>                                   (17,850)         (17,850)
<INVENTORY>                                    716,800          716,800
<CURRENT-ASSETS>                               2,502,239        2,472,069
<PP&E>                                         1,217,996        1,217,996
<DEPRECIATION>                                 (400,268)        (400,268)
<TOTAL-ASSETS>                                 4,932,875        4,702,705
<CURRENT-LIABILITIES>                          940,811          812,131
<BONDS>                                        0                0
<PREFERRED-MANDATORY>                          0                0
<PREFERRED>                                    0                0
<COMMON>                                       7,536,893        7,435,093
<OTHER-SE>                                     (3,544,828)      (3,544,518)
<TOTAL-LIABILITY-AND-EQUITY>                   4,932,875        4,702,705
<SALES>                                        646,857          1,551,745
<TOTAL-REVENUES>                               646,857          1,551,745
<CGS>                                          164,840          575,053
<TOTAL-COSTS>                                  442,063          791,455
<OTHER-EXPENSES>                               1,426            2,504
<LOSS-PROVISION>                               0                0
<INTEREST-EXPENSE>                             0                0
<INCOME-PRETAX>                                41,380           187,741
<INCOME-TAX>                                   200              400
<INCOME-CONTINUING>                            41,180           187,341
<DISCONTINUED>                                 0                0
<EXTRAORDINARY>                                0                0
<CHANGES>                                      0                0
<NET-INCOME>                                   41,180           187,341
<EPS-BASIC>                                  0.01             0.04
<EPS-DILUTED>                                  0.01             0.02




</TABLE>
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7021 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7021

 To amend the Federal Water Pollution Control Act with respect to the 
procedure for the development of water quality criteria, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 17, 2024

 Mr. Owens (for himself and Mr. Rouzer) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To amend the Federal Water Pollution Control Act with respect to the 
procedure for the development of water quality criteria, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Quality Criteria Development 
and Transparency Act''.

SEC. 2. INFORMATION AND GUIDELINES.

    Section 304(a) of the Federal Water Pollution Control Act (33 
U.S.C. 1314(a)) is amended by adding at the end the following:
            ``(10) Administrative procedure.--After the date of 
        enactment of this paragraph, the Administrator shall issue any 
        new or revised water quality criteria under paragraph (1) or 
        (9) by rule.''.

SEC. 3. ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW.

    Section 509(b)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1369(b)(1)) is amended--
            (1) by striking ``section 402, and'' and inserting 
        ``section 402,''; and
            (2) by inserting ``and (H) in issuing any criteria for 
        water quality pursuant to section 304(a)(10),'' after 
        ``strategy under section 304(l),''.
                                 <all>
```
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT
TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I,
James H. Mackaness, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, certify that the Quarterly Report of IRIDEX Corporation on Form 10-Q for the fiscal quarter ended October 3,
2009 (i) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) that information contained in such Quarterly Report on Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of IRIDEX Corporation.

Date: November 12, 2009



|       |  |                                                                     
|------ |  | --------------------------------------------------------------------
|By:    |  | /s/ JAMES H. MACKANESS                                              
|Name:  |  | James H. Mackaness                                                  
|Title: |  | Chief Financial Officer (Principal Financial and Accounting Officer)