alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 6763** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. FERNANDO MIGUEL NUNEZ , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh
. James C. Dever, III , Chief District Judge. ( 5:08

- cr - 00262

- D

- 1; 5:11

- cv - 00193

- D )

Submitted : July 24 , 2014 Decided: July 29, 2014

Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge.

Dismissed by un published per curiam opinion
. Fernando Miguel Nunez, Appellant Pro Se. Ethan A. Ontjes , Assistant United States Attorney, Shailika K. Shah , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublis hed opinions are not binding precedent in this circuit.2 PER CURIAM: Fernando Miguel Nunez seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 ( 2012 ) motion , and its subsequent order denying reconsideration . The orders are n ot appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (B) (20 12 ). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 22 53(c)(2) (20 12 ). 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 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (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 constitutio nal right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Nunez has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument beca use the facts and legal3 contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.
DISMISSED
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.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-65,350]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 24, 2009, in response to a worker petition filed by a company official on behalf of workers at PIHT, LLC, St. Marys, Pennsylvania.

The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated.

Signed at Washington, DC, this 12th day of March 2009.

Linda G. Poole,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-6302 Filed 3-23-09; 8:45 am]

BILLING CODE 4510-FN-P
EXHIBIT
      32.1


**CERTIFICATION
          OF PRESIDENT 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  PaperFree Medical Solutions, Inc., (the
“Company”) on Form 10-QSB for the quarter ended August 31, 2007 as filed with
          the Securities and Exchange Commission on the date hereof (the “Report”) I,
          Stephen Hawksworth, Cheif Executive Officer, certify, pursuant to 18 U.S.C.
          1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
          that, to the best of my knowledge and belief:
  1.
        The
        Report complies in all material respects 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.
   By: /s/
        Stephen Hawksworth
 Date: October
        15,
        2007
 Chief
        Executive Officer
  A
          signed
          original of this written statement required by Section 906 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 21.01

CALIFORNIA COASTAL COMMUNITIES, INC.  WORLDWIDE SUBSIDIARY LIST  12/31/08

Percentage
Ownership

State/Country of
IncorporationHenley Facilities, Inc.


100

DelawareNew Henley Holdings Inc.


100

DelawareAir Correction International, Inc.


100

DelawareHenley Investments, Inc. Two


100

DelawareProcon International Inc.


100

DelawarePullman Passenger Car Company Inc.


100

DelawareTrailmobile International Ltd.


100

DelawareTrailmobile Leasing Corp.


100

DelawareW.O.L. Corporation


100

DelawareSignal Landmark Holdings Inc.


100

DelawareSignal Landmark


100

CaliforniaCalumet Real Estate Inc.


100

DelawareHearthside Residential Corp.


100

DelawareHenley/KNO Holding Inc.


100

DelawareHearthside Holdings, Inc.


100

DelawareHearthside Homes, Inc.


100

CaliforniaHearthside Homes Oxnard, L.L.C.


50

DelawareHHI Chandler, L.L.C.


100

CaliforniaHHI Chino II, L.L.C.


100

CaliforniaHHI Crosby, L.L.C.


100

CaliforniaHHI Hellman, L.L.C.


100

CaliforniaHHI Lancaster I, L.L.C.


100

CaliforniaHHI Seneca, L.L.C.


100

CaliforniaKREG Holdings Inc.


100

DelawareWT/HRC Corporation


100

Illinois


---



QuickLinks
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
  a)
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934; andb)
    
    The information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 Date:   November 9, 2010
    By:
    /s/ Juan J. RománJuan J. RománVice President of Finance
and Chief Financial Officer
Principal Accounting Officer
[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Notices]
[Page 12142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6200]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; 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 Allergy and Infectious 
Diseases Special Emphasis Panel, Highly Innovative Technologies to 
Interrupt Transmission of HIV.
    Date: April 23-24, 2009.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Hilton Silver Spring, 8727 Colesville Road, Silver 
Spring, MD 20910.
    Contact Person: Clayton C Huntley, PhD, Scientific Review 
Officer, Scientific Review Program, Division of Extramural 
Activities, National Institutes of Health/NIAID/DHHS, 6700B 
Rockledge Drive, MSC 7616, Bethesda, MD 20892-7616, 301-451-2570, 
<a href="/cdn-cgi/l/email-protection#4f2c273a213b232a360f21262e262b6121262761282039"><span class="__cf_email__" data-cfemail="0d6e657863796168744d63646c646923636465236a627b">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: March 16, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
 [FR Doc. E9-6200 Filed 3-20-09; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
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----

| (1) | the Annual Report on Form 10-K of Eastern Security & Protection Services, Inc. for the year ended December 31, 2010 (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 Eastern Security & Protection Services, Inc. |
|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  March 31, 2011 |   |                                                       |
|-----------------------------|--------|------------------------------------------------------------|
|                        |   |                                                       |
|                        |   | /s/ Rui Tan                                                |   |
|                        |   | Rui Tan                                                    |
|                        |   | President, Chief Executive Officer, Secretary and Director |
|                        |   | (Principal Executive Officer)                              |
|                        |   | Eastern Security & Protection Services, Inc.           |

----
##### 



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 the Quarterly Report of Southern Community Bancshares, Inc.
(the Company) on Form 10-QSB for the period ending March 31, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Leslye Grindle, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. § 1350, as adopted pursuant to § 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; and2.
    
    The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations
of the Company. /s/ Leslye GrindleLeslye Grindle, Sr. Vice President andChief Financial Officer
 May 7, 2004 19
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, the undersigned officer of DCT Industrial Trust Inc., a Maryland corporation (the Company), does hereby certify with respect to the Quarterly Report of the Company on
Form 10-Q for the period ended June 30, 2009, as filed with the Securities and Exchange Commission (the Report) that, to his knowledge:



| | (1) | the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



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



| |  |                      |  |  |  |                         
| |  | -------------------- |  |  |  | ------------------------
| |  | Date: August 7, 2009 |  |  |  | /s/    Philip L. Hawkins
| |  |                      |  |  |  | Philip L Hawkins        
| |  |                      |  |  |  | Chief Executive Officer
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 12-10303 Summary Calendar

MICHAEL ANTHONY DAVIS, Plaintiff-Appellant

v. K AR E N L

. C O LLI N S ; T E RRI L. LASSITER; CHRI S E WO L F E , As s i s t ant Unit e d States Attorney; MICHAEL J. WORLEY, Assistant United States Attorney, Defendants-Appellees
Appeal from the United States District Court for the Northern District of Texas USDC No. 4:12-CV-92

ON PETITION FOR REHEARING Before CLEMENT, ELROD, and GRAVES, Circuit Judges. PER CURIAM: * We construe the filing by Michael Anthony Davis, f e d eral prisoner # 33896-177, as a petition for panel rehearing. The petition is GRANTED, our prior opinion is WITHDRAWN, and this opinion is SUBSTITUTED therefor. Davis was convicted in 2005 of conspiring to possess an d distribute cocaine base and distributin g c ocaine base and was sentenced to 360 months of U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Decem ber 1 9, 2 012 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t hasd ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR

. R. 47.5 .4. Case: 12-10303 Document: 00512090104 Page: 1 Date Filed: 12/19/2012No. 12-10303

imprisonment. In February 2012, Davis filed a complaint under Bivens v. Six Unknown Named Agents of Federal Bureau of N a rcotics , 403 U.S. 388 (1971), seeking damages and challenging alleged errors that occurred at trial and sentencing. The district court denied relief but granted Davis leave to proceed in forma pauperis (IFP) on appeal. Davis’s protestations to certain qualifying dismissals (strikes) under 28 U.S.C. § 1915(g) identified in our prior opinion, although correctly attributable to another prisoner named Michael Anthony Davis, do not provide grounds for the relief he seeks. Davi s h as in fact accumulated three strikes. On at least three prior occasions while incarcerated, Davis brought a civil action or appeal in a court of the United States that was dismissed as frivolous, malicious, or for failure to state a claim upon which relief could be granted. § 1915(g); see Davis

v. United States, 4:11-cv-00064-Y (N.D. Tex. July 6, 2011) (unpublished); Davis

v. United States , 5:10-cv-01136-HE, 2011 WL 693639 at *1 (W.D. Okla. Feb. 18, 2011) (unpublished); and Davis v. United States , 426 F. App’x 648, No. 11-6072, 2011 WL 2321453 at *1 (10th Cir. June 14 , 2 0 1 1 )

. Further, Davis has not alleged, nor does the record reflect, that he is “under imminent danger of serious physical injury.” § 1915(g). Accordingly, Davis’s IFP status is decertified, and the appeal is dismissed. Davis has 15 days from the date of this opinion to pay the full appellate filing fee to the clerk of the district court, should he wish to reinstate his appeal. REHEARING GRANTED; PREVIOUS OPINI O N WITHDRAWN; IFP DECERTIFIED; APPEAL DISMISSED.

2 Case: 12-10303 Document: 00512090104 Page: 2 Date Filed: 12/19/2012
STATE of Missouri, Respondent, v. Wesley Micah BALDWIN, Appellant.

WD 81272

Missouri Court of Appeals, Western District.

Order filed: April 2, 2019

Julia E. Rives, for Respondent.

Jedd C. Schneider, for Appellant.

Before Division One: Cynthia L. Martin, Presiding Judge, Victor C. Howard, Judge and Thomas H. Newton, Judge *678***ORDER***

PER CURIAM:

Wesley Baldwin appeals his conviction for assault in the first degree following jury trial in Boone County, Missouri. In his sole point on appeal, Baldwin claims the trial court plainly erred in sentencing him as a class B felon when he was charged and convicted of a class C felony. Because a published opinion would have no precedential value, a memorandum has been provided to the parties. The judgment is affirmed. Rule 30.25(b).
Exhibit 10.1







Exhibit 10.1




SECOND AMENDMENT

TO THE

BELO PENSION TRANSITION SUPPLEMENT

RESTORATION PLAN




Belo Corp., a Delaware corporation, pursuant to authorization by the Compensation Committee of the Board of
Directors, adopts the following amendments to the Belo Pension Transition Supplement Restoration Plan (the “Plan”).



1. Section 4(a)(iii) of the Plan (“Amount of Benefit”) is amended in its entirety to read as follows:




(iii) Notwithstanding the foregoing, no Restoration Benefits will be credited for the Plan Year beginning
January 1, 2009. The crediting of Restoration Benefits will be resumed effective for Plan Years beginning on
or after January 1, 2010.



2. The amendment described above will be effective as of the date this Second Amendment to the Plan is adopted.



Executed at Dallas, Texas, this 5th day of March, 2010.




BELO CORP.




By /s/ Carey P. Hendrickson

Name: Carey P. Hendrickson

Title: Senior Vice President/ Chief Financial Officer
| 1. | As      the lease term of Xing Gangjun 9 is renewed until May 31st,      2016, the term of the crew allocation designated in the original agreement      is renewed accordingly until May 31st,      2010 upon the expiration of the original  agreement; |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2. | Refer      to the attached Crew      Allocation List for the structure and number of the crew members      provided by Party A; |
|----|---------------------------------------------------------------------------------------------------------------------------------|

| 3. | The      crew allocation fees designated in the original agreement stay unchanged      at RMB three hundred thousand yuan even (¥300,000.00 yuan) per      month.  The payment is made byseason; |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 4. | The      crew allocation fees include salaries, benefits, social insurances      (including but not limited to endowment insurance, unemployment insurance,      medical care insurance, maternity insurance, employment injuries      insurance, housing fund, and commercial insurance) and bonus that Party A      is obliged to pay to the crew members of Xing Gangjun 9.  Party      A is responsible for the social insurance and benefits of the      crew; |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 5. | After      the term expires in 2016, under the same conditions, Party B has the      priority to hire the crew given that Party B continue to lease ships from      Party A; |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 6. | Party      A ensures that all crew members possess the professional skills and      required licenses corresponding to theirwork. |
|----|-----------------------------------------------------------------------------------------------------------------------------------|

| 7. | Other      items in the original agreement do notchange. |
|----|----------------------------------------------------------|

| 8. | This      supplemental agreement has the same legal validity as the original      agreement. |
|----|----------------------------------------------------------------------------------------------|

----
Exhibit 32.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350





In connection with the Annual Report of Far East Wind Power Corp. (the “Company”) on Form 10-K for the year ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Form 10-K”), I, Xiaobu Liu, CEO of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:




1. The Form 10-K 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 Form 10-K fairly presents, in all material respects, the financial condition and result of operations of the Company.





Dated: October 18, 2010/s/ Xiaobu Liu

Xiaobu Liu,

Chief Executive Officer