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 5 TH C IR

. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 99-30914

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MELVIN HAMILTON, JR.,

DefendantAppellant.

_____________________________________

Appeal from the United States District Court

for the Middle District of Louisiana

USDC No. 99-CR-23-ALL-A

______________________________________

March 16, 2000

Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges:

PER CURIAM: *

Melvin Hamilton, Jr., appeals the upward departure sentence imposed following his plea of

guilty to possession of a firearm by a convicted felon. Ham i l ton argues that the statement in the

presentence report (PSR) that the information contained in the PSR was supported by reliable

information did not constitute reliable information as required by the Sentencing Guidelines. Hamilton

also argues that it was inappropriate for the court to rely upon his juvenile arrests.

An upward departure is normally reviewed for an abuse of discretion. United States v.

Ashburn

, 38 F.3d 803, 807 (5th Cir. 1994) (en banc). Hamilton, however, failed to object to or

contradict the PSR’s notati on of factors that might warr ant an upward departure or obj ect at thesentencing hearing raising the issue he now argues. The upward departure is therefore reviewable

only for plain error. United States v. McDowell , 109 F.3d 214, 216 (5th Cir. 1997).

Hamilton’s PSR contained a brief description of each arrest. Hamilton offered no rebuttal

evidence to refute the information in the PSR. Accordingly, the sentencing court was free to adopt

that information as its findings without further inquiry or explanation. U nited States v. Vital

, 68 F.3d

114, 120 (5th Cir. 1995). Furthermore, Hamilton has not shown that the criminal history at issue in

United States v. Cantu-Dominguez

, 898 F.2d 968 (5th Cir. 1990), is so similar to the juvenile court

record in the instant case that an error, if any, is “clear or obvious.” McDowell , 109 F.3d at 216.

Hamilton has not shown that the district court’s decision to depart upward was plain error.

Accordingly, the judgment of the district court is AFFIRMED.
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
                  ---------------------------------------------

In connection with the Quarterly Report of Cedric Kushner Promotions,  Inc. (the
"Company") on Form 10-QSB for the quarter ended September 30, 2004 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Cedric Kushner, Chief Financial and Accounting Officer of the Company,  certify,
pursuant to 18 U.S.C. section 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 and Exchange Act of 1934; and

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

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



Date: November 15, 2004          /s/ James DiLorenzo
                                 -------------------
                              Name:  James DiLorenzo
                              Title: Executive Vice President
                                    (Principal Financial and Accounting Officer)







                                       43
Exhibit 31.1 CERTIFICATIONS I, Michael Feinsod, certify that:  1.I have reviewed this Quarterly Report on Form 10-Q of Ameritrans Capital Corporation;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;3.Based on my knowledge, the financial statements and other financial information included in 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 and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) 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 ensure that 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)Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;c)Evaluated the effectiveness of the registrants disclosure controls and 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; andd)Disclosed in this report any changes in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter, that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and5.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 the registrants board of 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 and report financial information; andb)Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.Date: May 17, 2010/s/ Michael R. Feinsod
Michael R. Feinsod
Chief Executive Officer
To : Mark Scoville <ms.srstsca@gmail.com>, Cc: John Schaeffer/DC/USEPA/US, Marcus Aguilar/DC/USEPA/US, Bcc: Subject: Request from GE Power and Water for Data Review on HPV 3 substance CASRN 52556-42-0-- Docket OPPT 2009-0112 From: Paul Campanella/DC/USEPA/US - Thursday 01/19/2012 04:22 PM

Mark, The draft review of the Tox testing that I thought was completed has gone back to the reviewers for some work before it is finalized. I expect the review will be finished around the 26th of January.

EPA has reviewed the CBI document sent from GE Power and Water dealing with the P Chemical properties . As the result of the review, EPA cannot accept the sponsor's proposed methods to use a structural analog of this HPV3 test substance (CASRN 52556-42-0) to fulfill the test rule requirements for A1, A2, A3, A4 and A5 (i.e, the physical chemical (P/Chem) properties testing under the HPV3 test rules requirements). The main reason is that the HPV3 test substance is a " Class 1 chemical substance " and has a discrete chemical structure. The proposed structural analog is a totally different chemical compared to the tested substance. For the Class 1 substance, EPA always requires the sponsor(s) to do the testing to obtain a measured value for each P/Chem endpoint to fulfill the test requirements. Therefore, EPA will not accept the values from a structural analog to fulfill the testing requirements for P/Chem property endpoints for this HPV3 test substance.

Paul J. Campanella, Ph.D. Chemical Information and Testing Branch Chemical Control Division U.S. Environmental Protection Agency Washington, D.C. 202-564-8091
# DSCC to hold active shooter response training

/ Published Jan. 8, 2016
COLUMBUS, Ohio,
# Norfolk’s Nneji awarded Company Grade Officer of the Quarter

/ Published Dec. 29, 2015
NORFOLK, Virginia, 
Navy Lt. Emmanuel Nneji, business development officer at Defense Logistics Agency Distribution Norfolk, Va., has been awarded the Distribution Company Grade Officer of the Quarter for fourth quarter, fiscal year 2015, for his visionary leadership and committed drive to mission success.

As the business development officer, Nneji led Norfolk’s Regional Maintenance Center project team.  He effectively captured about $7 million annually in new business revenue for Distribution Norfolk to store and manage, including Future Use material and long lead time materials for Naval Sea Systems Command shipyards.

He led a coordinated survey and assessment of space and project requirements to support 100,000 square feet of FUM and LLTM materials.  “Lt. Nneji’s commitment to service and analytical drive was indispensable in executing, planning, and analyzing warehousing capabilities and resources, valued at over $10 million,” said Navy Capt. Harry Thetford, the organization’s commander.

As the director of the Map Support Office at the distribution center, Nneji led a team of four personnel in the inventory, receipt, stowage, and issue of over 16,300 geodetic products for issue to over 100 customers in all branches of service.  “His commitment to service effectively guaranteed map and logistics support for crisis operations and joint military exercise,” said Thetford.  The team also provided critical support of print-on-demand requests from four units for over 30 mission-essential chart requirements with a turnaround of 48 hours or less. 

“Lt. Nneji’s leadership and drive enabled MSO Norfolk to analyze and prioritize resources to maintain efficient inventory, and get essential mapping products in the hands of customers, on time, ever time,” said Thetford.

As the director of customer support operations, Nneji analyzed hazardous material delivery to ships located in local area shipyards, and proposed a visionary solution to HAZMAT delivery, which included firming the delivery schedules for multiple departments and two external commands.  His solution increased Norfolk’s support to four shipyards, and supported 16 ship repair missions.  

“Lt. Nneji is totally committed to the DLA mission and provides the best support possible to every DLA customer,” said Thetford.  “His commitment and zeal are unsurpassed.”
No. 10-5681.

#### W. Brett Reid, Petitioner v. Swift Transportation Company, Inc.

562 U.S. 934, 131 S. Ct. 335,

178 L. Ed. 2d 218,

2010 U.S. LEXIS 7360,

October 4, 2010.

Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied.
No. 10-419.

#### Mireille N. Torjman, Petitioner v. Federal Bureau of Investigation, et al.

562 U.S. 1026, 131 S. Ct. 541,

178 L. Ed. 2d 407,

2010 U.S. LEXIS 8360.

November 1, 2010.

Petition for writ of certiorari before judgment to the United *408States Court of Appeals for the District of Columbia Circuit denied.
**EXHIBIT 31.1**

 

CERTIFICATION

 

I, Gregory M. McKee, certify that:

 

1.             I have reviewed this quarterly report on Form10-Q of Stressgen Biotechnologies Corporation (the “company”);

 

2.             Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.             Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the company as of, and for, the periods presented in thisreport;

 

4.             The company’s other certifying officer(s) andI are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for thecompany and have:

 

a.             designed such disclosure controls and procedures,or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the company,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

 

b.             evaluated the effectiveness of the company’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation;

 

c.             disclosed in this report any change in thecompany’s internal control over financial reporting that occurred during theperiod covered by the report that has materially affected or is reasonablylikely to materially affect, the company’s internal control over financialreporting; and

 

5.             The company’s other certifying officers and Ihave disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the company’s auditors and the audit committee ofcompany’s board of directors (or persons performing the equivalent function):

 

a.             all significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the company’s abilityto record, process, summarize and report financial information; and

 

b.             any fraud, whether or not material, thatinvolves management or other employees who have a significant role in thecompany’s internal control over financial reporting.

 
| Date:  August 5, 2004 |
|----------------------------|
|                       |
|                       |
|                       | /s/ Gregory M. McKee |   |
|                       | Gregory M. McKee |
|                       | Vice President and Chief  Financial Officer |

 

----
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

AMERICAN TRAFFIC SOLUTIONS, INC.,

 Petitioner

 v.

PHILADELPHIA PARKING AUTHORITY,

 Respondent

:

:

:

:

:

:

:

:

:

:

:

No. 329 EAL 2014

Petition for Allowance of Appeal from the

Order of the Commonwealth Court

ORDER

PER CURIAM

AND NOW, this 29th day of October, 2014, the Petition for Allowance of Appeal

is DENIED.
No. D-2503.

#### In the Matter of Discipline of Shelley A. Strasson.

562 U.S. 809, 131 S. Ct. 398,

178 L. Ed. 2d 264,

2010 U.S. LEXIS 7464.

October 4, 2010.

Shelley A. Strasson, of West Bloomfield, Michigan, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring her to show cause why she should not be disbarred from the practice of law in this Court.
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 12-3007

___________________________

Rode Amabilia Hernandez Flores

lllllllllllllllllllllPetitioner

v.

Eric H. Holder, Jr., Attorney General of the United States

lllllllllllllllllllllRespondent

____________

Petition for Review of an Order of the

 Board of Immigration Appeals

____________

 Submitted: April 30, 2013

 Filed: May 14, 2013

[Unpublished] 

____________

Before MURPHY, SMITH, and COLLOTON, Circuit Judges.

____________

PER CURIAM.

Guatemalan citizenRodeAmabilia Hernandez Flores(Hernandez) petitions for

review of an order of the Board of Immigration Appeals (BIA) denying her request

for a remand. For the following reasons, we conclude that the BIA did not abuse its

discretion in denying her request. See Clifton v. Holder, 598 F.3d 486, 490-91 (8th

Cir. 2010) (standard of review). First, Hernandez did not submit an application for
the relief she wished to pursue. See Waggoner v. Gonzales, 488 F.3d 632, 638-39

(5th Cir. 2007) (BIA did not abuse its discretion in denying request for remand

because petitioner did not comply with 8 C.F.R. § 1003.2(c)(1) by submitting

application for relief with remand request). Second, to the extent her request was

based on a claim of ineffective assistance of counsel, she failed to comply with the

requirements of Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA 1988) (to permit

reopening based on ineffective assistance of counsel, petitioner must submit affidavit

attesting to relevant facts; must informcounsel of allegations and allow response; and

must state whether complaint has been filed with appropriate disciplinary authorities,

and if not, why not). See Habchy v. Gonzales, 471 F.3d 858, 863-64 (8th Cir. 2006)

(no abuse of discretion in requiring substantial compliance with Lozada when it is

necessary to serve overall purposes of Lozada, i.e., to discourage baseless allegations

and to provide framework for determining merits of ineffective-assistance claim

where such merits are not evident from record). Finally, to the extent she was

challenging the treatment of her asylum claim as derivative of her father’s claim, we

conclude that such consideration was proper under the circumstances. See 8 U.S.C.

§ 1158(b)(3)(B)(unmarried alien, who was under 21 years of age when parent applied

for asylum, shall continue to be classified as child for purposes of derivative asylum,

if alien attained 21 years of age while parent’s application was pending).

Accordingly, we deny the petition for review. See 8th Cir. R. 47B.

______________________________

-2-
[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Notices]
[Pages 33380-33381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16231]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Environmental Health Sciences; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.

    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which 
would constitute a clearly unwarranted invasion of personal privacy.
    Name of Committee: National Institute of Environmental Health 
Sciences Special Emphasis Panel Studies To Evaluate Toxicologic and 
Carcinogenic Potential of Triethanolamine in Mice.
    Date: June 23, 1998.
    Time: 9:00 AM to 11:30 AM.
    Agenda: To review and evaluate grant applications.
    Place: NIEHS-East Campus, Building 4401, Conference Room 3446, 
Research Triangle Park, NC 27709 (Telephone Conference Call).
    Contact Person: Carol K. Shreffler, PHD, Health Scientist 
Administrator, 104 T. W.

[[Page 33381]]

Alexander Drive, Research Triangle Park, NC 27709, (919) 541-1445.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.113, 
Biological Response to Environmental Health Hazards; 93.114, Applied 
Toxicological Research and Testing; 93.115, Biometry and Risk 
Estimation--Health Risks from Environmental Exposures; 93.142, NIEHS 
Hazardous Waste Worker Health and Safety Training; 93.143, NIEHS 
Superfund Hazardous Substances--Basic Research and Education; 
93.894, Resources and Manpower Development in the Environmental 
Health Sciences, National Institutes of Health, HHS)

    Dated: June 11, 1998.
LaVerne Y. Stringfield,
Committee Management Officer, NIH.
[FR Doc. 98-16231 Filed 6-17-98; 8:45 am]
BILLING CODE 4140-01-M
# Aviation’s Marine Customer Facing Division hosts appreciation cookout at Hunter Holmes McGuire Veterans Administration Medical Center 

/ Published June 15, 2023
RICHMOND, Va., 
Marines and civilians from Defense Logistics Agency Aviation’s Customer Operations Directorate’s Marine Customer Facing Division, hosted a cookout for veterans and employees June 2 at the Hunter Holmes McGuire Veterans Administration Medical Center in Richmond, Virginia.

The event was held to show appreciation for the sacrifices made by the veterans who have served this country and to honor the hospital employees that service these veterans.                Marine Corps Capt. Patrick Hill, a weapons system support manager assigned to Defense Logistics Agency Aviation’s Customer Operation Directorate’s Marine Customer Facing Division served food to veterans and hospital employees June 2, 2023, during an appreciation cookout held on the campus of the Hunter Holmes McGuire Veterans Administration Medical Center in Richmond, Virginia.                            Aviation’s Marine Customer Facing Division hosts appreciation cookout at Hunter Holmes McGuire Veterans Administration Medical Center                            Marine Corps Capt. Patrick Hill, a weapons system support manager assigned to Defense Logistics Agency Aviation’s Customer Operation Directorate’s Marine Customer Facing Division served food to veterans and hospital employees June 2, 2023, during an appreciation cookout held on the campus of the Hunter Holmes McGuire Veterans Administration Medical Center in Richmond, Virginia.            SHARE IMAGE:Download ImageImage DetailsPhoto By: Dominique J. SheltonVIRIN: 230602-D-QH078-1026

Marine Corps Col. Michael Kline, chief of the Marine Customer Facing Division, said this was also an opportunity for members assigned to his division to get out of the office and share in a meal all while building some camaraderie among the active-duty personnel and the employees that work so closely together on a day-to-day basis.

“Events like this are all about giving back and maintaining that spirit of service that we share with each other,” Kline said. “Whether you currently serve or have served in the past, at the end of the day, we are all brothers and sisters through our service to our country, so we have an obligation to share and keep the faith with those that have come before us.”

The cookout included good food, good conversation, and the opportunity for everyone to come together and enjoy a day of fun and relaxation. With so many veterans and hospital employees joining in on the fun, the event appeared to be a huge success.   

“Overall, this event is a great reminder of the importance of giving back and honoring the sacrifices made by our veterans,” said Marine Customer Facing Division Deputy Division Chief Roy Drake. “We are proud to have had the opportunity to organize such a meaningful event and we look forward to creating more opportunities to support our veterans in the future.”