alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED April 17, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-50225 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DONALD DARNELL BURKS, also known as Donald Burks, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 6:04-CR-35-2

-------------------- Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM: * Donald Darnell Burks appeals from his 96-month prison sentence for possession of an unregistered firearm. For the first time on appeal, Burks contends that the district court should have decreased his offense level by two levels under U.S.S.G. § 3B1.2(b) based on his minor role in the offense. The district court’s determination that a defendant did not play a minor or minimal role in the offense is a finding of fact. United States v. Villanueva , 408 F.3d 193, 203 (5th Cir.), cert. denied , 126 S. Ct. 268 (2005). Because the claim was notNo. 05-50225 -2- raised below, it is reviewable for plain error only. United States v. Calverley , 37 F.3d 160, 162 (5th Cir. 1994) (en banc). Although Burks’s codefendant, Elzie Roberts, may have had a more active role than Burks in using the firearm to commit robbery, the evidence did not establish that Burks was so uninvolved as to be “‘peripheral to the advancement of the illicit activity.’” See Villanueva , 408 F.3d at 204 (quoting United States v. Miranda , 248 F.3d 434, 446-47 (5th Cir. 2001)). Burks has thus not shown plain error. See Calverley , 37 F.3d at 163; see also United States v. Lopez , 923 F.2d 47, 50 (5th Cir. 1991) (fact questions that can be resolved upon objection at sentencing cannot constitute plain error). The sentence is AFFIRMED.
|                                                                               
|-------------------------------------------------------------------------------
|                                                                               
|View History: Annual Download Data (XLS File)                                 
|View History: Annual                                                           
|View History: Annual                                                           
|View History:                                                                  
|                                                                               
|Nevada Natural Gas Number of Gas and Gas Condensate Wells  (Number of Elements)
|                                                                               
|                                                                               
|Nevada Natural Gas Number of Gas and Gas Condensate Wells  (Number of Elements)
|                                                                               

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1990's                                                                                                                            |        |        |        |        |        |        | 5      | 5      | 4      | 4     
|2000's                                                                                                                            | 4      | 4      | 4      | 4      | 4      | 4      | 4      | 4      | 0      | 0     
|2010's                                                                                                                            | 0      | 0      | 0      | 0      | 1      | 1      | 0      | 1      | 0      | 0     
|2020's                                                                                                                            | 0      |        |        |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 5/31/2024                                                                                                          
|Next Release Date: 6/28/2024
|                                                                        
|------------------------------------------------------------------------
|                                                                        
|View History:  Monthly  Annual Download Data (XLS File)                
|View History:  Monthly  Annual                                          
|View History:  Monthly  Annual                                          
|View History:                                                           
|                                                                        
|West Virginia Natural Gas Vehicle Fuel Consumption  (Million Cubic Feet)
|                                                                        
|                                                                        
|West Virginia Natural Gas Vehicle Fuel Consumption  (Million Cubic Feet)
|                                                                        

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1980's                                                                                                                            |        |        |        |        |        |        |        |        | 0      | 0     
|1990's                                                                                                                            | 0      | 0      | 0      | 0      | 0      | 7      | 5      | 119    | 127    | 158   
|2000's                                                                                                                            | 174    | 216    | 220    | 269    | 302    | 8      | 8      | 4      | 2      | 1     
|2010's                                                                                                                            |        |        | 0      | 7      | 9      | 38     | 32     | 13     | 9      | 8     
|2020's                                                                                                                            | 8      | 5      | 4      | 3      |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
|                                                                 
|-----------------------------------------------------------------
|                                                                 
|View History:  Monthly  Annual Download Data (XLS File)         
|View History:  Monthly  Annual                                   
|View History:  Monthly  Annual                                   
|View History:                                                    
|                                                                 
|Oregon Natural Gas Vehicle Fuel Consumption  (Million Cubic Feet)
|                                                                 
|                                                                 
|Oregon Natural Gas Vehicle Fuel Consumption  (Million Cubic Feet)
|                                                                 

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1980's                                                                                                                            |        |        |        |        |        |        |        |        | 0      | 0     
|1990's                                                                                                                            | 0      | 0      | 6      | 8      | 17     | 18     | 25     | 27     | 39     | 47    
|2000's                                                                                                                            | 52     | 69     | 70     | 86     | 96     | 198    | 180    | 168    | 185    | 179   
|2010's                                                                                                                            | 183    | 144    | 144    | 154    | 165    | 209    | 233    | 61     | 70     | 54    
|2020's                                                                                                                            | 49     | 41     | 15     | 12     |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 5/31/2024                                                                                                          
|Next Release Date: 6/28/2024
|                                                                                         
|-----------------------------------------------------------------------------------------
|                                                                                         
|View History: Annual Download Data (XLS File)                                           
|View History: Annual                                                                     
|View History: Annual                                                                     
|View History:                                                                            
|                                                                                         
|Colorado Natural Gas % of Total Industrial Delivered for the Account of Others  (Percent)
|                                                                                         
|                                                                                         
|Colorado Natural Gas % of Total Industrial Delivered for the Account of Others  (Percent)
|                                                                                         

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1980's                                                                                                                            |        |        |        |        |        |        |        |        |        | 56.7  
|1990's                                                                                                                            | 69.0   | 65.3   | 67.8   | 64.4   | 72.1   | 76.1   | 78.5   | 92.7   | 92.4   | 92.9  
|2000's                                                                                                                            | 98.2   | 99.3   | 98.8   | 99.1   | 99.2   | 99.4   | 99.4   | 99.5   | 99.4   | 99.5  
|2010's                                                                                                                            | 94.8   | 92.5   | 93.2   | 92.8   | 92.3   | 92.3   | 92.5   | 92.8   | 92.6   | 91.8  
|2020's                                                                                                                            | 91.5   | 90.9   | 89.7   |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
EXHIBIT 35.3
                  SERVICER COMPLIANCE STATEMENT (ITEM 1123)
                           HOMECOMINGS FINANCIAL, LLC
              RALI SERIES 2006-QS2 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized  officer of Homecomings  Financial,  LLC, as
servicer (the "Servicer") pursuant to the applicable  servicing agreement,  does
hereby certify that:

1.   A review of the  Servicer's  activities  during the  period  covered by the
     Issuing  Entity's  report  on Form 10-K and of the  Servicer's  performance
     under  the   applicable   servicing   agreement  has  been  made  under  my
     supervision.

2.   To the  best of my  knowledge,  based  on such  review,  the  Servicer  has
     fulfilled all of its obligations under the applicable  servicing  agreement
     in all material respects throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 26th
day of March 2007.

By:      /s/ Anthony N. Renzi
      ------------------------
      Name:  Anthony N. Renzi
      Title:    Managing Director
Electronically Filed

Intermediate Court of Appeals

CAAP-12-0000814

23-MAY-2014

08:42 AM
[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Rules and Regulations]
[Page 26450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12743]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ASW-08]


Revision of Class E Airspace; Henryetta, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Director final rule; confirmation of effective date.

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

SUMMARY: This notice confirms the effective date of a direct final rule 
which revises Class E airspace at Henryetta, OK.

EFFECTIVE DATE: The direct final rule published at 63 FR 12622 is 
effective 0901 UTC, June 18, 1998.

FOR FURTHER INFORMATION CONTACT:
Donald J. Day, Airspace Branch, Air Traffic Division, Southwest Region, 
Federal Aviation Administration, Fort Worth, TX 76193-0520, telephone: 
817-222-5593.

SUPPLEMENTARY INFORMATION: The FAA published this direct final rule 
with a request for comments in the Federal Register on March 16, 1998 
(63 FR 12622). The FAA uses the direct final rulemaking procedure for a 
non-controversial rule where the FAA believes that there will be no 
adverse public comment. This direct final rule advised the public that 
no adverse comments were anticipated, and that unless a written adverse 
comment, or a written notice of intent to submit such an adverse 
comment, were received within the comment period, the regulation would 
become effective on June 18, 1998. No adverse comments were received, 
and thus this action confirms that this direct final rule will be 
effective on that date.

    Issued in Fort Worth, TX, on May 5, 1998.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 98-12743 Filed 5-12-98; 8:45 am]
BILLING CODE 4019-13-M
No. 12-7097.

#### Eastwood *v.*United States.

C. A. 6th Cir. Certiorari denied.
EXHIBIT 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code), the undersigned officer of Black Tusk Minerals Inc. (the “Company”) does hereby certify with respect to the Annual Report of the Company on Form 10-K for the period ended April 30, 2009 (the “Report”) 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.






August 31, 2009

/s/ Gavin Roy


Gavin Roy


President and Director

(Principal Executive Officer)













The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.
No. 12-6435.

#### Ford *v.*Buchanan, Warden.

C. A. 6th Cir. Certiorari denied.
#### In the Matter of Wilberto Reyes, Petitioner, v Glenn Goord, Respondent.

[769 NYS2d 395]

— Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of the Southport Correctional Facility, New York State Department of Correctional Services, dated February 20, 2001, which confirmed so much of a determination of a hearing officer dated November 27, 2000, made after a Tier III disciplinary hearing, as found the petitioner guilty of violating two prison disciplinary rules, and imposing a penalty.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs and disbursements.

Contrary to the petitioner’s contention, the determination finding him guilty of violating two prison disciplinary rules was supported by substantial evidence in the record *(see 300 Gramatan Ave. Assoc. v State Div. of Human Rights,*45 NY2d 176 [1978]; *cf. Matter of Bryant v Coughlin,*77 NY2d 642, 644 [1991]).

*864The petitioner’s remaining contentions are without merit. Altman, J.P., Goldstein, Crane and Mastro, JJ., concur.
Opinion filed October 28, 2010



## In The



# Eleventh Court of Appeals

__________



### No. 11

- 10

- 00225

- CV

__________

ROY E. KIMSEY, JR. , Appellant

V.

LAW OFFICE S OF BILL ALEXANDER , P.C. et al , Appellee s

On Appeal from the 142 nd District Court

Midland County, Texas

Trial Court Cause No

. CV

- 46,031

M E M O R A N D U M O P I N I O N

Roy E. Kimsey, Jr. has filed in this court a motion to dismiss his appeal. The motion is

granted, and the appeal is dismissed.

PER CURIAM

October 28, 2010

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.
[Federal Register Volume 63, Number 84 (Friday, May 1, 1998)]
[Notices]
[Page 24203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11537]


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

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3077]


State of Ohio

    Ottawa County and the contiguous Counties of Erie, Lucas, Sandusky, 
and Wood in the State of Ohio constitute a disaster area as a result of 
severe thunderstorms and lake effect damages that occurred April 9, 
1998. Applications for loans for physical damage from this disaster may 
be filed until the close of business on June 22, 1998 and for economic 
injury until the close of business on January 21, 1999 at the address 
listed below or other locally announced locations: Small Business 
Administration, Disaster Area 2 Office, One Baltimore Place, Suite 300, 
Atlanta, GA 30308.
    The interest rates are:

------------------------------------------------------------------------
                                                                 Percent
------------------------------------------------------------------------
For Physical Damage:                                                    
  Homeowners With Credit Available Elsewhere..................     7.000
  Homeowners Without Credit Available Elsewhere...............     3.500
  Businesses With Credit Available Elsewhere..................     8.000
  Businesses and Non-Profit Organizations Without Credit                
   Available Elsewhere........................................     4.000
  Others (Including Non-Profit Organizations) With Credit               
   Available Elsewhere........................................     7.125
For Economic Injury                                                     
  Businesses and Small Agricultural Cooperatives Without                
   Credit Available Elsewhere.................................     4.000
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 307711 
and for economic injury the number is 983700.

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 
59008)

    Dated: April 21, 1998.
Aida Alvarez,
Administrator.
[FR Doc. 98-11537 Filed 4-30-98; 8:45 am]
BILLING CODE 8025-01-P
EXHIBIT
32.1





CERTIFICATION
OF THE CHIEF EXECUTIVE OFFICER


PURSUANT
TO 18 U.S. C. SECTION 1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report of Towerstream Corporation, (the ‘‘Company’’)
on Form 10-K for year ended December 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I,
Jeffrey M. Thompson, President and Chief Executive Officer
of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my
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 17, 2010





/s/ Jeffrey M. ThompsonJeffrey
      M. Thompson
              President
      and Chief Executive Officer
#### Associated Textile Rental Services, Inc., Appellant, v Xerox Corporation, Respondent.

[768 NYS2d 896]

— Appeal from an order of Supreme Court, Monroe County (Stander, J.), entered November 6, 2002, which denied plaintiffs motion for summary judgment, granted defendant’s cross motion for summary judgment and dismissed the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated at Supreme Court, Monroe County (Stander, J.). We add only that we do not address plaintiffs contention that defendant breached the implied covenant of good faith and fair dealing because that contention is raised for the first time on appeal *(see Commercial Tenant Servs, v First Union Natl. Bank,*305 AD2d 210, 211 [2003]; *Merchants Bank of N.Y. v Stahl,*269 AD2d 236 [2000]). Present —Pine, J.P., Wisner, Hurlbutt, Gorski and Lawton, JJ.