alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

MAY 31, 2006

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 05-15739

Non-Argument Calendar

________________________

D. C. Docket No. 05-00145-CR-CG

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

versus 

HAROLD FRANKLIN WALTERS, 

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Southern District of Alabama

_________________________

(May 31, 2006)

Before DUBINA, BARKETT and HULL, Circuit Judges.

PER CURIAM:

Harold Franklin Walters appeals his conviction for possession of child
2

pornography that was transported in interstate commerce, in violation of 18 U.S.C.

§ 2252A(a)(5)(B). On appeal, Walters argues that there was no evidence to

suggest that his receipt of child pornography over the internet had a connection to,

or an impact upon, interstate commerce, and thus, charging him under

§ 2252A(a)(5)(B) was plain error. He contends that the intrastate possession of

child pornography for non-commercial purposes does not have an impact on

interstate commerce, and the application of § 2252A in the instant case was

unconstitutional. We find no merit to Walters’ argument.

We have held that “the internet is an instrumentality of interstate commerce .

. . [and] Congress clearly has the power to regulate the internet, as it does other

instrumentalities and channels of interstate commerce, and to prohibit its use for

harmful or immoral purposes regardless of whether those purposes would have a

primarily intrastate impact.” United States v. Hornaday, 392 F.3d 1306, 1311

(11th Cir. 2004). More recently, we concluded that “it is within Congress’s

authority to regulate all intrastate possession of child pornography, not just that

which has traveled in interstate commerce or has been produced using materials

that have traveled in interstate commerce.” United States v. Maxwell, No. 03-

14326, manuscript op. at 18 (11th Cir. Apr. 20, 2006). 

Upon review of the record, we discern no reversible error. At trial, the
3

government proved, through witness testimony and forensic analysis, that Walters

downloaded pornographic images using the internet, which is an instrument of

interstate commerce. As such, there was no constitutional error in the indictment,

and we affirm Walters’s conviction.

AFFIRMED.
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





In connection with the annual report of Sebring Software, Inc. (the “Company”) on Form 10-K for the period ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof, I, Leif Andersen, Chief Executive 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 to my knowledge:




1.
The annual 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 annual report fairly presents, in all material respects, the financial condition and results of operations of the Company.





/s/ Leif AndersenLeif AndersenChief Executive Officer(Principal Executive Officer)





Dated: April 15, 2011
Rehan HANIF v. STATE

CR-15-0100

Court of Criminal Appeals of Alabama.

December 9, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
---

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 

I, Norman Knowles, hereby certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

|(1) | the Annual Report on Form 10-K of Convenience TV Inc. for
      the year ended March 31, 2011 (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 Convenience TV Inc.                                                            

Date: June 29, 2011

| | /s/ Norman Knowles                                    
| | ------------------------------------------------------
| | Norman Knowles                                        
| | President, Chief Executive Officer, and
      Director
| | (Principal Executive Officer)                         
| | Convenience TV Inc.                                   

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Convenience TV
Inc. and will be retained by Convenience TV Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.

---
EX PARTE Shelton L. FOSTER

CR-16-0109

Court of Criminal Appeals of Alabama.

December 7, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Transferred to Ct. of Civ. App.
William NIEMANN, Trustee of the William Niemann Trust, et al., Respondents, v. CHAMBLIN PROPERTIES, LLC, et al., Appellants.

WD 81617

Missouri Court of Appeals, Western District.

Order filed: June 25, 2019

Robert C. Colbert, for Respondents.

Danieal H. Miller, for Appellants.

Before Division One: Victor C. Howard, Presiding Judge, Lisa White Hardwick, Judge and Gary D. Witt, Judge

***ORDER***

PER CURIAM:

Chamblin Properties appeals the judgment of the Chariton County Circuit Court finding that Chamblin had to honor an agreement allowing the Respondents in this case to use a road over Chamblin's land. Chamblin complains in three points on appeal that the trial court erred in finding an easement of necessity, in finding a meeting of the minds between the parties, and ignoring the statute of frauds and binding non-parties to a contract. Because a published opinion would have no precedential value, a memorandum has been provided to the parties. The judgment is affirmed. Rule 84.16(b).
[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Notices]
[Page 12141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6205]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Notice of Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of 
the Sleep Disorders Research Advisory Board.
    The meeting will be open to the public, with attendance limited to 
space available. Individuals who plan to attend and need special 
assistance, such as sign language interpretation or other reasonable 
accommodations, should notify the Contact Person listed below in 
advance of the meeting.

    Name of Committee: Sleep Disorders Research Advisory Board.
    Date: April 14, 2009.
    Time: 12 p.m. to 4:30 p.m.
    Agenda: To discuss sleep research, education priorities, and 
programs.
    Place: National Institutes of Health, Building 45, 45 Center 
Drive, Natcher Auditorium, Bethesda, MD 20892.
    Contact Person: Michael J Twery, PhD, Director, National Center 
on Sleep Disorders Research, Division of Lung Diseases, National 
Heart, Lung, and Blood Institute, National Institutes of Health, 
6701 Rockledge Drive, Suite 10038, Bethesda, MD 20892-7952, 301-435-
0199, <a href="/cdn-cgi/l/email-protection#1e6a697b6c67735e7076727c773070777630797168"><span class="__cf_email__" data-cfemail="f5818290878c98b59b9d99979cdb9b9c9ddb929a83">[email protected]</span></a>.
    Any interested person may file written comments with the 
committee by forwarding the statement to the Contact Person listed 
on this notice. The statement should include the name, address, 
telephone number and when applicable, the business or professional 
affiliation of the interested person.
    In the interest of security, NIH has instituted stringent 
procedures for entrance onto the NIH campus. All visitor vehicles, 
including taxicabs, hotel, and airport shuttles will be inspected 
before being allowed on campus. Visitors will be asked to show one 
form of identification (for example, a government-issued photo ID, 
driver's license, or passport) and to state the purpose of their 
visit.
    Information is also available on the Institute's/Center's home 
page: http://www.nhlbi.nih.gov/meetings/index.htm, where an agenda 
and any additional information for the meeting will be posted when 
available.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: March 16, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
 [FR Doc. E9-6205 Filed 3-20-09; 8:45 am]
BILLING CODE 4140-01-P


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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.                  

###### Small Business Administration

          - [Disaster Declaration # 11677 and # 11678]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 2.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Oregon (FEMA-1824-DR), dated 03/02/2009.

*Incident:*                         Severe Winter Storm, Record and Near Record Snow, Landslides, and Mudslides.                    

*Incident Period:*                         12/20/2008 through 12/26/2008.                    

*Effective Date:*                         03/18/2009.                    

*Physical Loan Application Deadline Date:*                         05/01/2009.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         12/02/2009.                    

# ADDRESSES:

Submit completed loan applications to:  U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road,  Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance,  U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of OREGON, dated 03/02/2009, is hereby amended to include the following areas as adversely affected by the disaster.

*Primary Counties:*                     Tillamook.                

All other information in the original declaration remains unchanged. 

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Roger B. Garland,

Acting Associate Administrator for Disaster Assistance.

 [FR Doc. E9-6849 Filed 3-26-09; 8:45 am]

BILLING CODE 8025-01-P
William D. PARSON, Jr., Appellant, v. STATE of Florida, Appellee.

Case No. 2D15-5512

District Court of Appeal of Florida, Second District.

Opinion filed August 30, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Anthony William RITZ, Jr., Appellant, v. STATE of Florida, Appellee.

No. 4D16-1371

District Court of Appeal of Florida, Fourth District.

[December 14, 2017]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Gerald C. Mann 

Honorable Tom F. Coleman, Jr. 

County Attorney, Angelina County 

Lufkin, Texas 

This Opinion 

Overrules Opinion PO. 

O-5324 

Dear Sir8 Opinion Ro. O-5502 

Re; Use of bond moneys for 

construction of nursss' 

home, delivery room and 

maternity ward. 

This is in response to recent correspondence we have had with you 

and Honorable Otto Brittain, County Auditor of Angelina County, requesting 

our reconsideration of Opinion No. O-5324. In that opinion 

frcan bonds voted in 1941 by Angelina County for the purpose 

enlarging and equipping a county hospital could not be used 

nurses* hone. Based upontie agditional faots sulrmitted, we 

matter as a new opinion request. 

we held that funds 

of establishing, 

to construct a 

are treating the 

As we understand the faots now presented, in the year 1941 Angelina 

County voted a bond issue for the purposeof "establishing, enlarging snd equipping a aounty hospital and for all other necessary pemanent improvements in 

connection themith." This bond issue was authoriced under the provisions of 

Article 4470, Q. A. C. S. You desire to be advised whether these funds may be 

used to oonstruct a building in connection with the hospital, which will be 

used partly to house nurses and partly for delivery rooms and a maternity ward. 

You state that the entire building probably will be used to house numes 

when a main hospital building is constructed after the war. 

In our opinion it lies within the power of the cmsnissioners' oourt 

to construct the proposed building. 

We cannot say that a building used wholly as a nursest home or 

partly as a nurses' bane and partly as a delivery room and maternity ward is 

not used for hospital purposes; and while it is true,, as pointed out in our 

Opinion No. O-5324, the law requires tkt the buildin 

question of necessity is one of fact; Pitt.6 v. Camp E 

be "neoessary," the 

ounty, 42 S.H. (2d) 

953 left for determination to the governing authority of the county. Landrum 
, 

Honorable Tom F. Coleman, Jr., Page 2 (o-5502) 

v. Centennial High School District (Civ. App.) 146 S.W. (2d) 799, w.d.j. 

o. Compare Opinion Nos. O-1607, O-2516 and O-2926. Moreover, we have 

found at least one case holding that the word "necessity" as here used 

implies "needful" rather than "indispensible." Hutcheson v. Atherton, 

44 B. M. 144, 99 Pac. (2d) 462. 

He therefore advise you that if the Commissioners' Court of 

Angelina County determines, in the exercise of its sound judgment and 

discretion, that the proposed building is nsaessary, proceeds fromthe 

bonds voted by Angelina County in 1941 may be used to construot it. 

Insofar as the same conflicts hsrewith, our Opinion Do. O-5324 

is expressly overruled, 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

APPROVED AUG 16, 1943 

s/ Gerald C. km 

A’iTORlEL GWETRAL OF TEXAS 

JLSIEPI~~~ 

By 

s/ Jas. D. &sullen 

Jas. D. Smullen 

Assist$t 

Approved Opinion Committee 

-w RWF Chairman
EX PARTE Tommy STURDIVANT

CR-16-0022

Court of Criminal Appeals of Alabama.

November 21, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Mand. pet. denied.
[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Page 14593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7103]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,928]


Advanced Micro Devices, Inc., Assembly Process Division; 
Sunnyvale, CA; Notice of Termination of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on January 22, 2009, in response to a 
worker petition filed on behalf of workers at Advanced Micro Devices, 
Inc., Assembly Process Division, Sunnyvale, California.
    The petitioners have requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 12th day of March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-7103 Filed 3-30-09; 8:45 am]
BILLING CODE 4510-FN-P
[4910-13-P)

DEPARTMENT OF TRANSPOHTA TION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-20**-*****; Directorate Identifier 2012-SW ..067-AD]

RIN 2120-AA64

Airworthine~;s Directiyes; Robinson Helicopter Company (Rohinson)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulcmaking (NPRM).

SUMMARY: We propose to adopt a new (11m'orLi"Jinessdirective (AD) (or Model R22,

R22 Alpha, R22 Beta, and R22 Mariner helicopters with certain fuel shut-offvalve~

installed. Thi~:proposed AD would require l'eplacing thE fuel shut-off valve with a r,ewer

design fuel shut-off valve. This propostO AD is prompted by three accidents that

occurred because the fuel shut-off val\'e was inadvertently moved to the "off' position.

The proposed actions are intended to prevent inadve11ent dosing cfthe fuel valve, which

could result in engine power loss aJld subsequ~llt loss of control of the hdicopter.

DATES: We must receive comments on this proposed AD by [INSERT DATE 60

DA YS AFTER DATE OF PUBLlCA'i'ION IN THE FEDERAL REGISTER].

ADDRESSE~~: You may send comments by any of the following methods:

• Federal eRulemaking Docket: Go to 11Up:ll\'vww.regulati()ns.go~.Follo"" the

online instructions for sending your comments electronically.

• Fax: 202-493-2251.

CO~CUA.R[NC£S

ROVTI'G SYMBOL

AD Coord.

ROUTI1"lG S\"I'o1BOI.

ASW112MGR

INITIALSlSI(;

DATE

ROUTl~G SYMBOL

FTW AEG

INITIAlSISlC

DAn:

R()l;TISG S\':\IBOL

MIO/MIDO

IN IT!A LSJSIC

DATE

ROUTINe; SV!\IBOL

ASW-7

INITIALSJSIG

DAn:

ROVtl:'liC SYMBOL

ASW-101

JMn.-'l5ISIG

.DATE

ROllTII\C SV,\IOOL

ASW-100

SITlAIJSIG

DATE

• Mail: Send comments to the U.S. Department of Transportation, Docket
EX-35.7
(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.

Banc of America Mortgage Securities, Inc.
214 North Tryon Street
Charlotte, NC 28255

RE: Annual Statement as to Compliance

The undersigned, a duly authorized officer of Wells Fargo Bank, N.A. ("Wells
Fargo"), hereby certifies as follows for the calendar year 2008:

(a) a review of Wells Fargo's activities as Trustee under the servicing
agreement(s) listed on Schedule A hereto (the "Servicing Agreement(s)") has been
made under my supervision; and

(b) to the best of my knowledge, based on such review Wells Fargo has fulfilled
all of its obligations under the Servicing Agreement(s) in all material respects
throughout the reporting period.

February 24, 2009

/s/ Diane Courtney

DIANE COURTNEY
Vice President


(page)


(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.

To: Banc of America Mortgage Securities, Inc.

Schedule A

List of Servicing Agreement(s) and Series

1 Pooling and Servicing Agreement for Banc of America Mortgage Securities, Inc.,
  Mortgage Pass-Through Certificates Series 2005-3, Wells Fargo Bank, N.A. as
  Trustee.
CERTIFICATION OF PERIODIC REPORT



I, Carlton Parfitt, Chief Financial Officer of Avalon Energy Corporation,  a Nevada Corporation (the "Company"), certify, pursuant to Section 302 of the Sarbanes- Oxley Act of 2002, 18 U.S.C. Section 1350, that:



1.      I have reviewed this quarterly report on Form 10-QSB for the period ended June 30, 2007 of Avalon Energy Corporation;



2.      Based on my knowledge, this quarterly 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 annual report;



3.      Based on my knowledge, the financial statements, and other financial information included in this quarterly 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 quarterly report;



4.      The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a - 14 and 15d - 14) for the registrant and we have:



a.      designed such disclosure controls and procedures 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 quarterly report is being prepared;



b.      evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within September 30, 2006 prior to the filing date of this quarterly report (the "Evaluation Date"); and



c.      presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;



5.      The registrant's other certifying officers and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):



a.      All significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and



b.      Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and

6.      The registrant's other certifying officers and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.



Date: August 14, 2007



/s/ Carlton Parfitt

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

Carlton Parfitt

Director and Chief Financial Officer