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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-7118

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JOHN PAUL SMITH,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, 

at Martinsburg. Gina M. Groh, Chief District Judge. (3:02-cr-00064-GMG-7)

Submitted: January 10, 2018 Decided: January 22, 2018

Before GREGORY, Chief Judge, and KING and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John Paul Smith, Appellant Pro Se. Paul Thomas Camilletti, Assistant United States 

Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Martinsburg, West 

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

John Paul Smith appeals the district court’s order granting him a sentence 

reduction pursuant to his 18 U.S.C. § 3582(c)(2) (2012) motion based on Amendment 

782. On appeal, Smith argues the district court erred in not appointing him counsel and 

conducting a hearing based on Amendment 657, and in its finding of actual oxycodone 

for which he was accountable. We have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district court. See United States v. 

Smith, No. 3:02-cr-00064-GMG-7 (N.D.W. Va. Aug. 14, 2017). We dispense with oral 

argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process.

AFFIRMED
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-15-00283-CR

Reginald D. Davis

v.

The State of Texas

§

§

§

§

§

From the 297th District Court

of Tarrant County (0851753D)

October 22, 2015

Opinion by Justice Sudderth

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

the appeal should be dismissed. It is ordered that the appeal is dismissed for 

want of jurisdiction.

SECOND DISTRICT COURT OF APPEALS 

By _/s/ Bonnie Sudderth___________

 Justice Bonnie Sudderth
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                             291
<SECURITIES>                                         0
<RECEIVABLES>                                   32,348
<ALLOWANCES>                                       272
<INVENTORY>                                     37,351
<CURRENT-ASSETS>                                71,806
<PP&E>                                          14,738
<DEPRECIATION>                                   4,304
<TOTAL-ASSETS>                                  93,031
<CURRENT-LIABILITIES>                           57,915
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           150
<OTHER-SE>                                      24,486
<TOTAL-LIABILITY-AND-EQUITY>                    93,031
<SALES>                                         96,576
<TOTAL-REVENUES>                                96,576
<CGS>                                           70,860
<TOTAL-COSTS>                                   21,385
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,358
<INCOME-PRETAX>                                  1,974
<INCOME-TAX>                                       100
<INCOME-CONTINUING>                              1,874
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,874
<EPS-BASIC>                                        .14
<EPS-DILUTED>                                      .11



</TABLE>
[Federal Register Volume 74, Number 75 (Tuesday, April 21, 2009)]
[Notices]
[Page 18277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9090]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board


Release of Waybill Data

    The Surface Transportation Board has received a request from Sidley 
Austin Brown LLP on behalf of Canadian Pacific Railway Company (WB471-
11--April 9, 2009) for permission to use certain data from the Board's 
Carload Waybill Samples. A copy of the request may be obtained from the 
Office of Economics, Environmental Analysis, and Administration.
    The waybill sample contains confidential railroad and shipper data; 
therefore, if any parties object to these requests, they should file 
their objections with the Director of the Board's Office of Economics, 
Environmental Analysis, and Administration within 14 calendar days of 
the date of this notice. The rules for release of waybill data are 
codified at 49 CFR 1244.9.
    Contact: Scott Decker, (202) 245-0330.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-9090 Filed 4-20-09; 8:45 am]
BILLING CODE 4915-01-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7967

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MICHAEL BURGESS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Claude M. Hilton, District

Judge. (CR-88-233-A, CA-92-1816-AM)

Submitted: September 10, 1996 Decided: September 19, 1996

Before HALL, MURNAGHAN, and HAMILTON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael Burgess, Appellant Pro Se. Robert Clifford Chesnut, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

Rehearing granted, January 22, 1997 

Remanded by court order dated January 22, 1997
2

PER CURIAM:

Michael Anthony Burgess appeals from the district court's

order denying his motion for relief under 28 U.S.C. § 2255 (1994),

as amended by Antiterrorism and Effective Death Penalty Act of

1996, Pub. L. No. 104-132, 110 Stat. 1214. In a prior appeal, this

court vacated and remanded to the district court to conduct an

evidentiary hearing to determine whether Burgess requested his

attorney to note an appeal from his conviction. United States v.

Burgess, No. 94-6883(L) (4th Cir. June 22, 1995) (unpublished). The

district court concluded, after hearing testimony from Burgess and

his attorney, that Burgess had not, in fact, asked his attorney to

appeal. Our review of the transcript from that hearing reveals that

the district court's conclusion was properly supported. Because

Burgess failed to appeal, his other claims are waived. See United

States v. Emanuel, 869 F.2d 795, 796 (4th Cir. 1989) (nonconstitutional claims not raised on direct appeal may not be asserted in

a collateral proceeding). Accordingly, we affirm the district

court's judgment. 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.

AFFIRMED

Rehearing granted, January 22, 1997 

Remanded by court order dated January 22, 1997
exv4w1



 




Exhibit 4.1







	CUSIP 748349 30 5





 









 








	The following abbreviations, when used, in the inscription on the face of this certificate,
shaft be construed as though they were written out in full according to applicable laws or
regulations: TEN COW — as tenants in common UNIF GIFT WIN ACT -___as Custodian tor UNIF TRAN
MIN ACT as Custodian for TEN ENT — as tenants by the entireties (Cusip) (Minor) JT TEN — as joint
tenants with right of survivorship under Uniform Gifts to Minors under Uniform Transfers to Minors
and not as tenants In common Act Act TOD — transfer on death direction in event of owner’s death,
(State) (State) to person named on face Additional abbreviations may also be used though not in the
above list For Value Received,___hereby sell, assign and transfer unto PLEASE INSERT SOCIAL
SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE [PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS OF
ASSIGNEE) Shares represented by the within certificate, and do hereby irrevocably constitute and
appoint Attorney to transfer the said shares on the books of the within-named Corporation with full
power of substitution in the premises. Dated NOTICE: the signature to this assignment must
correspond with the Name as written upon the face of the certificate in every particular,
without ALTERATION OP ENLARGEMENT OR ANY CHANGE WHATEVER, SIGNATURE(S) GUARANTEED By THE
SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (Banks, Stockbrokers,
Savings and Loan Associations and Credit Unions) WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE
MEDALLION PROGRAM PURSUANT TO S.E.C RULE 17Ad-15. This certificate also evidences and entitles the
holder hereof to certain Rights as set forth in the Rights Agreement between Quest Resource
Corporation (the “Company”) and UMB Bank, n.a., a national banking organization (the “Rights
Agent”), dated as of May 31, 2006, as it may be amended from time to time (the “Rights Agreement”),
the terms of which are hereby incorporated herein by reference and a copy of which is on file at
the principal offices of the Company. Under certain circumstances, as set forth in the Rights
Agreement, such Rights will be evidenced by separate certificates and will no longer be evidenced
by this certificate. The Company will mail to the holder of this certificate a copy of the Rights
Agreement, as in effect on the date of mailing, without charge, promptly after receipt of a written
request therefor. Under certain circumstances set forth in the Rights Agreement, Rights issued to,
or Beneficially Owned or held by, any Person who is, was or becomes an Acquiring Person or any
Affiliate or Associate thereof (as such terms are defined in the Rights Agreement), whether
currently Beneficially Owned or held by or on behalf of such Person or by any subsequent holder,
may become null and void.
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 United Bancshares, Inc. (the "Corporation") on Form 10-K for the period ending December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Daniel W. Schutt, Chief Executive Officer, certify, pursuant to 18 U.S.C. §  1350, as adopted pursuant to §  906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:  (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Corporation.     /s/ DANIEL W. SCHUTT Daniel W. Schutt Chief Executive Officer   Date: March 20, 2009  *This certification is being furnished as required by Rule 13a 14(b) under the Securities Exchange Act of 1934 (the Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code, and shall not be deemed filed for purposes of Section 18 of the Exchange Act or otherwise subject to the liability of that section.  This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Exchange Act, except as otherwise stated in such filing.
, C.J. 

this court's discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 

677, 818 P.2d 849, 851 (1991). It is petitioners' burden to demonstrate 

that this court's extraordinary intervention is warranted. Pan v. Eighth 

Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). 

Having considered the petition and appendix, we conclude 

that writ relief is not merited. See Smith, 107 Nev. at 677, 818 P.2d at 

851. Accordingly, we deny the petition. See NRAP 21(b)(1). 

It is so ORDERED. 

Pieike4 tli p 

Pickering 

Saitta 

MOM J. 

cc: Hon. Timothy C. Williams, District Judge 

Bartlit Beck Herman Palenchar & Scott LLP 

Holland & Hart LLP/Las Vegas 

Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC 

Lewis Roca Rothgerber LLP/Las Vegas 

Eglet Law Group 

Kemp, Jones & Coulthard, LLP 

Eighth District Court Clerk 

2
Order entered March 14 , 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 18
- 00802
- CV
HOSSEIN S. NAMDARKHA N , ET AL., Appellant s V. GLAST, PHILLIPS & MU RRAY, P.C., ET AL., Appe llee s On Appeal from the 193rd Judicial District Court

Dallas County, Texas Trial Court Cause No. DC
- 16
- 00853



### O RDER Before the Court is appellees’ March 13, 2019 unopposed second motion for an extension
of time to file their brief. We GRANT the motion and extend the time to April 24, 2019 . We caution appellees that further extension requests will be disfavored.

/s/ ERIN A. NOWELL JUSTICE
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000754813
<NAME>                        MICROFRAME, INC.
       
<S>                             <C>
<PERIOD-TYPE>                       9-MOS
<FISCAL-YEAR-END>              MAR-31-1997
<PERIOD-START>                 APR-01-1996
<PERIOD-END>                   DEC-31-1996
<CASH>                            657,256
<SECURITIES>                            0
<RECEIVABLES>                   1,632,220
<ALLOWANCES>                     (100,000)
<INVENTORY>                       999,137
<CURRENT-ASSETS>                3,302,865
<PP&E>                          1,066,187
<DEPRECIATION>                   (698,696)
<TOTAL-ASSETS>                  4,108,849
<CURRENT-LIABILITIES>           1,043,155
<BONDS>                                 0
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                            4,822
<OTHER-SE>                      3,019,519
<TOTAL-LIABILITY-AND-EQUITY>    4,108,849
<SALES>                         5,264,210
<TOTAL-REVENUES>                5,264,210
<CGS>                           2,016,324
<TOTAL-COSTS>                   5,145,906
<OTHER-EXPENSES>                        0
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                 22,749
<INCOME-PRETAX>                   123,175
<INCOME-TAX>                            0
<INCOME-CONTINUING>               123,175
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                      123,175
<EPS-PRIMARY>                         .02
<EPS-DILUTED>                         .02
        


</TABLE>
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3261 Engrossed in Senate (ES)]

112th CONGRESS
  2d Session
                                S. 3261

_______________________________________________________________________

                                 AN ACT

 
To allow the Chief of the Forest Service to award certain contracts for 
                           large air tankers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WAIVER.

    Notwithstanding the last sentence of section 3903(d) of title 41, 
United States Code, the Chief of the Forest Service may award contracts 
pursuant to Solicitation Number AG-024B-S-11-9009 for large air tankers 
earlier than the end of the 30-day period beginning on the date of the 
notification required under the first sentence of section 3903(d) of 
that title.

            Passed the Senate June 7, 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                                S. 3261

_______________________________________________________________________

                                 AN ACT

To allow the Chief of the Forest Service to award certain contracts for 
                           large air tankers.
```
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2846 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2846

 To suspend temporarily the duty on preformed iodide pellets or powder 
 composed of iodides of dysprosium, thallium sodium, holmium, thulium 
                              and calcium.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2012

  Mr. Schumer introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on preformed iodide pellets or powder 
 composed of iodides of dysprosium, thallium sodium, holmium, thulium 
                              and calcium.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PREFORMED IODIDE PELLETS OR POWDER COMPOSED OF IODIDES OF 
              DYSPROSIUM, THALLIUM SODIUM, HOLMIUM, THULIUM AND 
              CALCIUM.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00        Preformed iodide    Free            No change      No change      On or before     ''.
                          pellets or powder                                                 12/31/2015
                          composed of
                          iodides of
                          dysprosium,
                          thallium sodium,
                          holmium, thulium
                          and calcium (CAS
                          Nos. 7681-82-5,
                          7790-30-9, 15474-
                          63-2, 13813-41-7,
                          13813-43-9, and
                          10102-68-8)
                          (provided for in
                          subheading
                          2827.60.51)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
exv10w4



 




Exhibit 10.4




ASSIGNMENT OF TRADEMARK REGISTRATIONS




ASSIGNMENT OF TRADEMARK REGISTRATIONS




     WHEREAS, GETTY OIL COMPANY, a Delaware corporation
located and doing business at 3810 Wilshire Boulevard, Los
Angeles, California 90054 is the owner of the trademark
registrations set forth in the annexed Schedule A; and



     WHEREAS, POWER TEST CORP., a Delaware corporation
located and doing business at 175 Sunnyside Boulevard,
Plainview, New York 11803 is desirous of acquiring said
trademark registrations and the goodwill of the business
symbolized by the trademarks covered by said registrations;



     NOW, THEREFORE, for good and valuable consideration,
receipt of which is hereby acknowledged, said GETTY OIL
Company, does herby assign unto said POWER TEST CORP. all
right, title and interest in and to the trademark registrations
identified in the annexed Schedule A together with
the goodwill of the business symbolized by the trademarks
covered by said registrations.



     This Agreement is executed at White Plains, New
York, this 11th day of July, 1985.



	 	 	 	 	 
	 	GETTY OIL COMPANY

 	 
	 	By:  	     /s/ William C. Weitzel Jr.
 	 
	 	 	President 	 
	 	 	 	 
	 



	 	 	 	 	 
	Attest:	 	 
	 
	 	 	 	 
	By:

	 	/s/ Carl B. Davidson
 

Secretary
	 	 






 









 





Schedule A




Trademark Registrations




	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	Registration	 	 	Expiration	 
	Description	 	Number	 	 	Date	 	 	Date	 
	Getty and design
	 	 	947,471	 	 	 	11-21-72	 	 	 	11-21-92	 
	G and design
	 	 	957,175	 	 	 	4-17-73	 	 	 	4-17-93	 
	Getty
	 	 	958,055	 	 	 	5-1-73	 	 	 	5-1-93	 
	Getty Premium
	 	 	915,523	 	 	 	6-22-71	 	 	 	6-22-91	 
	Getty Premium
	 	 	1,030,492	 	 	 	1-20-76	 	 	 	1-20-96	 
	Super-GO
	 	 	650,780	 	 	 	8-27-57	 	 	 	8-27-97	 
	Super G/O
	 	 	878,221	 	 	 	10-7-69	 	 	 	10-7-89	 
	Getty Economart
	 	 	1,312,638	 	 	 	1-1-85	 	 	 	1-1-2005
**Exhibit 32.1**

**Certification ofQuarterly Report**

I, Gerald McMahon,Chief Executive Officer of Poniard Pharmaceuticals, Inc. (the “Company”),certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18U.S.C. 1350 that:

a.                 the QuarterlyReport on Form 10-Q for the quarter ended March 31, 2007 (the “Report”)fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

b.                theinformation contained in the Report 10-Q fairly presents, in all materialrespects, the financial condition and results of operations of the Company.
| Date: May 10, 2007 |   | By:    |   | /s/ GERALD MCMAHON |
|-------------------------|--------|--------|--------|--------------------|
|                    |   |   |   | Gerald McMahon     |

 

----
EXHIBIT 99.2

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, AS ENACTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of CT Holdings, Inc. (the "Company") on
Form 10-QSB for the period ending June 30, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Richard Connelly,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as enacted 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 the Company.


/s/ Richard Connelly
--------------------
Richard Connelly
Chief Financial Officer

August 19, 2002


                                       39
<PAGE>
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 Annual Report of United Bancshares, Inc. (the "Corporation") on Form 10-K for the year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Brian D. Young, Chief Financial Officer, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §  906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:   (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Corporation.     /s/ Brian D. Young Brian D. Young Chief Financial Officer   Date: March 28, 2011  *This certification is being furnished as required by Rule 13a 14(b) under the Securities Exchange Act of 1934 (the Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code, and shall not be deemed filed for purposes of Section 18 of the Exchange Act or otherwise subject to the liability of that section.  This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Exchange Act, except as otherwise stated in such filing.