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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-6359

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

TERRANCE JERMAINE HODGE,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. W. Earl Britt, Senior

District Judge. (5:08-cr-00059-BR-1; 5:09-cv-00503-BR)

Submitted: July 27, 2010 Decided: August 5, 2010

Before TRAXLER, Chief Judge, and WILKINSON and KEENAN, Circuit 

Judges.

Dismissed by unpublished per curiam opinion.

Terrance Jermaine Hodge, Appellant Pro Se. Eric David Goulian, 

OFFICE OF THE UNITED STATES ATTORNEY, Rudolf A. Renfer, Jr., 

Stephen Aubrey West, Assistant United States Attorneys, Raleigh, 

North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Terrance Jermaine Hodge seeks to appeal the district 

court’s order denying Hodge’s motion to vacate his sentence 

pursuant to 28 U.S.C.A. § 2255 (West Supp. 2010). We dismiss 

the appeal for lack of jurisdiction because the notice of appeal 

was not timely filed. 

When the United States or its officer or agency is a 

party, the notice of appeal must be filed no more than sixty 

days after the entry of the district court’s final judgment or 

order, Fed. R. App. P. 4(a)(1)(B), unless the district court 

extends the appeal period under Fed. R. App. P. 4(a)(5), or 

reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he 

timely filing of a notice of appeal in a civil case is a 

jurisdictional requirement.” Bowles v. Russell, 551 U.S. 205, 

214 (2007).

The district court’s order was entered on the docket 

on December 3, 2009. The notice of appeal was filed on March 1, 

2010.*

 * For the purpose of this appeal, we assume that the date 

appearing on the notice of appeal is the earliest date it could 

have been properly delivered to prison officials for mailing to 

the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 

(1988). 

 Because Hodge failed to file a timely notice of appeal or 

to obtain an extension or reopening of the appeal period, we 

dismiss the appeal. We deny Hodge’s motion for a certificate of 
3

appealability. We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials 

before the court and argument would not aid the decisional 

process.

DISMISSED
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<NAME> ASDAR INC

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<PERIOD-END>                               JUN-30-1997
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<CURRENT-LIABILITIES>                              500
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,519
<OTHER-SE>                                     (1,952)
<TOTAL-LIABILITY-AND-EQUITY>                        67
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<INCOME-PRETAX>                               (11,552)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (11,552)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
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<NET-INCOME>                                  (11,552)
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</TABLE>
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 18 U.S.C.  ss. 1350, as adopted  pursuant to Pursuant to Section 906
of the  Sarbanes-Oxley  Act of 2002, the undersigned  hereby  certifies that the
Annual  Report on Form  10-K/A for the year ended  April 30,  2009 of  Universal
Infotainment  Systems  Corporation  (the  "Company")  fully  complies  with  the
requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of
1934 and that the information  contained in such Report fairly presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.



                                    Universal Infotainment Systems Corporation


Dated: July 30th, 2009              By:   /s/ James Clark Beattie
                                    --------------------------------------------
                                          James Clark Beattie
                                          Chief Executive Officer
                                          Chief Financial Officer


        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  Universal
Infotainment Systems Corporation and will be retained by Universal  Infotainment
Systems  Corporation and furnished to the Securities and Exchange  Commission or
its staff upon request.


                                       21
IV 

118TH CONGRESS 

1ST SESSION H. RES. 359 

Expressing support for the designation of May 2023 as ‘‘National Physical 

Fitness and Sports Month’’. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 2, 2023 

Mr. VEASEY (for himself, Mr. DOGGETT, Mr. BACON, Mr. ALLRED, Ms. JACOBS, Ms. TOKUDA, and Ms. SEWELL) submitted the following resolution; 

which was referred to the Committee on Energy and Commerce 

RESOLUTION 

Expressing support for the designation of May 2023 as 

‘‘National Physical Fitness and Sports Month’’. 

Whereas the United States obesity prevalence was 41.9 percent in 2017 through March 2020; 

Whereas non-Hispanic Black adults had the highest age-adjusted prevalence of obesity (49.9 percent), followed by 

Hispanic adults (45.6 percent), non-Hispanic White 

adults (41.4 percent), and non-Hispanic Asian adults 

(16.1 percent); 

Whereas for children and adolescents aged 2–19 years in 

2017 through 2020 the prevalence of obesity was 19.7 

percent and affected about 14,700,000 children and adolescents; 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HRES 359 IH 

Whereas the obesity prevalence was 26.2 percent among Hispanic children, 24.8 percent among non-Hispanic Black 

children, 16.6 percent among non-Hispanic White children, and 9.0 percent among non-Hispanic Asian children; 

Whereas studies indicate that obese children are more likely 

to become obese adults and suffer lifelong physical and 

mental health problems; 

Whereas unhealthy eating habits and lack of physical activity 

have contributed to the obesity epidemic in the United 

States; 

Whereas a poor diet is associated with major health risks 

that can cause illness and even death; 

Whereas obesity-related conditions include high blood pressure, high cholesterol, type 2 diabetes, breathing problems such as asthma and sleep apnea, and joint problems; 

Whereas, in addition to healthy eating, people in the United 

States can experience positive health benefits and be on 

the path for a better future by incorporating physical activity into daily life, including 30 minutes for adults and 

60 minutes for children; 

Whereas physical activity can help reduce the risk of chronic 

conditions such as heart disease, many types of cancer, 

type 2 diabetes, depression and anxiety, and dementia; 

Whereas being physically active can improve brain health, 

help manage weight, strengthen bones and muscles, and 

improve sleep quality; and 

Whereas May 2023 would be an appropriate month to designate as ‘‘National Physical Fitness and Sports Month’’: 

Now, therefore, be it 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HRES 359 IH 

1 Resolved, That the House of Representatives— 

2 (1) supports the designation of ‘‘National Phys3 ical Fitness and Sports Month’’; and 

4 (2) supports efforts to educate the people of the 

5 United States on the importance of a healthy and 

6 nutritious lifestyle. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
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-65,446]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 2, 2009, in response to a worker petition filed on behalf of workers at GlaxoSmithKline, Pilot Plant, Collegeville, Pennsylvania.

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

Signed at Washington, DC this 13th day of March 2009.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-6534 Filed 3-24-09; 8:45 am]

BILLING CODE 4510-FN-P
Silberstein Ungar, PLLC CPAs and Business Advisors Phone (248) 203-0080 Fax (248) 281-0940 30600 Telegraph Road, Suite 2175 Bingham Farms, MI 48025-4586 www.sucpas.com Exhibit 23.1  August 4, 2010   CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM  Board of Directors TK Star Design, Inc. Roswell, Georgia  To Whom It May Concern:  Silberstein Ungar, PLLC hereby consents to the use in the Form 10-K, Annual Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, filed by TK Start Design, Inc. of our report dated July 16, 2010, relating to the financial statements of TK Star Design, Inc., a Nevada Corporation, as of and for the tears ending December 31, 2009 and 2008.  Sincerely,  /s/ Silberstein Ungar, PLLC  Silberstein Ungar, PLLC  Bingham Farms, Michigan                      1
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 23-2864

___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee

v. Jess Tyler Johnson, also known as Jess Tylor Johnson lllllllllllllllllllll Defendant - Appellant

____________ Appeal from United States District Court for the Southern District of Iowa - Central

____________ Submitted: January 5, 2024 Filed: January 10, 2024 [Unpublished]

____________ Before GRUENDER, SHEPHERD, and KOBES, Circuit Judges.

____________ PER CURIAM. Jess Johnson appeals the sentence imposed by the district court 1 after he pleaded guilty to a drug offense. His counsel has moved for leave to withdraw, and

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa.has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the

sentence. Johnson has filed a pro se brief restating counsel’s arguments. Upon careful review, we conclude that the district court correctly determined that Johnson was a career offender and correctly calculated his Guidelines range. See United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (construction and application of Guidelines are reviewed de novo). We also conclude that the court did not impose a substantively unreasonable sentence, as it properly considered the factors listed in 18 U.S.C. § 3553(a) and did not err in weighing the relevant factors. See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc)(reviewing sentences for substantive reasonableness under deferential abuse-ofdiscretion standard; abuse of discretion occurs when the court fails to consider relevant factor, gives significant weight to an improper or irrelevant factor, or commits a clear error of judgment in weighing the appropriate factors). Further, the court imposed a sentence below the Guidelines range. See United States v. McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013) (noting that when the district court has varied below the Guidelines range, it is “nearly inconceivable” that the court abused its discretion in not varying further). We further conclude that Johnson failed to show the district court judge was unprepared or biased. See United States v. Waters, 799 F.3d 964, 975 (8th Cir. 2015) (this court presumes district court adequately considered written and oral arguments presented by defendant); United States v. Oaks, 606 F.3d 530, 536-37 (8th Cir. 2010) (judge is presumed impartial, and party seeking disqualification bears substantial burden of proving otherwise). We decline to address in this direct appeal Johnson’s claim that counsel was ineffective. See United States v. Hernandez, 281 F.3d 746, 749 (8th Cir. 2002) (generally, ineffective-assistance claim is not cognizable on direct appeal).

-2-We have also independently reviewed the record under Penson v. Ohio, 488

U.S. 75 (1988), and we find no non-frivolous issues for appeal. Accordingly, we affirm the judgement, and grant counsel’s motion to withdraw.

______________________________

-3-
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 Quarterly Report of United eSystems, Inc. (the “Company”) on
Form 10-Q for the period ended June 30, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), Walter Reid Green,
Jr., as Principal Executive Officer of the Company hereby certifies, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to the best of his knowledge, 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.





/s/
      Walter Reid Green, Jr.Walter
      Reid Green, Jr.Chief
      Executive OfficerDate:  August 14,
      2009








This
certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as
amended.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AT SEPTEMBER 30, 1996 AND THE CONSOLIDATED STATEMENT
OF INCOME FOR THE THREE AND NINE MONTHS ENDED SEPTEMBER 30, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           3,726
<SECURITIES>                                    60,575
<RECEIVABLES>                                    1,174
<ALLOWANCES>                                       306
<INVENTORY>                                          0
<CURRENT-ASSETS>                                65,457
<PP&E>                                          99,129
<DEPRECIATION>                                   4,929
<TOTAL-ASSETS>                                 171,130
<CURRENT-LIABILITIES>                            2,250
<BONDS>                                         56,169
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        148
<COMMON>                                            27
<OTHER-SE>                                     112,536
<TOTAL-LIABILITY-AND-EQUITY>                   171,130
<SALES>                                         10,086
<TOTAL-REVENUES>                                12,790
<CGS>                                                0
<TOTAL-COSTS>                                    3,645
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                    24
<INTEREST-EXPENSE>                               3,622
<INCOME-PRETAX>                                  3,137
<INCOME-TAX>                                     1,229
<INCOME-CONTINUING>                              1,908
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,908
<EPS-PRIMARY>                                      .72
<EPS-DILUTED>                                      .70
        

</TABLE>
Exhibit 32.2  Section 1350 Certification by Chief Financial Officer








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 Texas Rare Earth Resources Corp. (the “Company”) on Form 10-K for the period ended August 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Wm. Chris Mathers, Chief Financial 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 the best of my knowledge and belief: (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.








/s/ Wm. Chris Mathers


Wm. Chris Mathers, Chief Financial Officer


February 8, 2011
Exhibit 32.1




CERTIFICATION
OF


CHIEF
EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


PURSUANT
TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





I, Bruce
A. Wetherall, the Chief Executive Officer and Chief Financial Officer of
Canterbury Resources, Inc. (the “Company”), hereby certify pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to the best of my knowledge:





(i)
            the
      Annual Report on Form 10-K of the Company, for the fiscal year ended
      December 31, 2009, and to which this certification is attached as Exhibit
      32.1 (the “Report”) fully complies with the requirements of Section 13(a)
      or 15(d) of the Securities Exchange Act of 1934, as amended;
      and





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











By:
            /s/
      Bruce A. WetherallName:
            BRUCE
      A. WETHERALLTitle:
            Chief
      Executive Officer and
              Chief
      Financial OfficerDate:
            March
      30, 2010








A
signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 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.





This
certification accompanies the Form 10-K to which it relates, is not deemed filed
with the Securities and Exchange Commission and is not to be incorporated by
reference into any filing of the Company under the Securities Act of 1933 or the
Securities Exchange Act of 1934 (whether made before or after the date of the
Form 10-K), irrespective of any general incorporation language contained in such
filing.








-1-
Certification Pursuant to Title 18, United States
          Code, Section 1350, as Adopted Pursuant to Section  906
          Of The Sarbanes-Oxley Act Of 2002


In  connection with the Quarterly Report of Estelle  Reyna,  Inc.
("Estelle Reyna") on Form 10-QSB for the three-month period ended
March  31,  2003,  as  filed  with the  Securities  and  Exchange
Commission  on  the date hereof (the "Report"),  I,  Michelle  R.
Quinlan, President and Chief Executive Officer of Estelle  Reyna,
and I, Michael G. Quinlan, Principal Financial Officer of Estelle
Reyna, certify, pursuant to Title 18, United States Code, Section
1350,  as  adopted pursuant to 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 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 Estelle Reyna

Date: October 14, 2003

/s/ Domonique Einhorn
-----------------------
Domonique Einhorn
President and Chief Executive Officer

Date: October 14, 2003

/s/ Mike Markwell
----------------------
Mike Markwell
Principal Financial Officer
Exhibit 23.1








Consent of Independent Registered Public Accounting Firm











We hereby consent to the incorporation by reference in this Registration Statement on Form 20-F of our reports dated September 21, 2009 with respect to the consolidated financial statements of Konsta Real Estate Properties Ltd. and Subsidiaries, for the six month period ended June 30, 2009 and 2008 and for the years ended December 31, 2008 and 2007, which appear in the index to this Registration Statement on Form 20-F. We also consent to the reference to us under the heading “Adviser(s)” in such Registration Statement.








/s/ Intercom-Audit








Moscow, Russia


March 30, 2010
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
InsightfulMind Learning Inc. (the "Company") on Form 10-K for the year ended
March 31, 2009, as filed with the Securities and Exchange Commission on the date
here of (the "report"), I, Jefferson Thachuk, Chief Executive Officer and Chief
Financial 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:








(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 this Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





Dated this 5th day of
June, 2009.








JEFFERSON
      THACHUKJefferson
      ThachukChief
      Executive Officer and Chief Financial
Officer