alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-10765

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HERNAN MOLINA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:99-CR-187-1-Y

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

February 20, 2002

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Hernan Molina appeals from an order denying his motion to

correct sentence pursuant to FED. R. CRIM. P. 35 and FED. R. CIV.

P. 60(b). Molina filed this appeal after the district court

dismissed his 28 U.S.C. § 2255 as time-barred, and after an

unsuccessful attempt to obtain a certificate of appealability

from the district court and this court. 

This court reviews the denial of a Rule 35 motion under a

gross abuse of discretion standard. United States v. Sinclair, 
No. 01-10765

-2-

1 F.3d 329 (5th Cir. 1993). In Molina’s case, none of the

conditions for granting his Rule 35 motion exist. See United

States v. Early, 27 F.3d 140-42 (5th Cir. 1994).

Similarly, Molina’s reliance on Rule 60(b) fails. The

district court arguably should have treated Molina’s 60(b) motion

as a successive 28 U.S.C. § 2255 petition and dismissed it for

failure to obtain authorization from this court to file a

successive petition. See United States v. Rich, 141 F.3d 550,

551 (5th Cir. 1998); 28 U.S.C. § 2244(b). In any event, Molina’s

failure to brief the propriety of the district court’s denial of

his motion abandoned the only issue on appeal. See Brinkmann v.

Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.

1987).

AFFIRMED
##### 



Exhibit 32.1
 
  (1)
    
    this quarterly 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 quarterly report fairly presents, in
all material respects, the financial condition and results of
operations of OpenTV Corp.
 Date: August 9, 2005
    
    /s/ James A. ChiddixJames A. ChiddixChief Executive OfficerDate: August 9, 2005
    
    /s/ Shum MukherjeeShum MukherjeeChief Financial Officer
  46
Exhibit
      32.1





**CERTIFICATION
      OF PRINCIPAL EXECUTIVE OFFICER**


**PURSUANT
      TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





The
      undersigned hereby certifies, pursuant to, and as required by, 18 U.S.C. Section
      1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
      that
      the Quarterly Report of Vista International Technologies, Inc. (the “Company”)
      on Form 10-Q for the period ended June 30, 2008 fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
      as amended, and that information contained in such Quarterly Report on Form
      10-Q fairly presents, in all material respects, the financial condition and
      results of operations of the Company.





Dated:
      August 14, 2008





By:
            */s/
                Barry J. Kemble*Barry
                J. Kemble
              Chief
                Executive Officer
Case 19-26193-LMI Doc 41 Filed 12/01/20 Page 1 of 2
Case 19-26193-LMI Doc 41 Filed 12/01/20 Page 2 of 2
AFFIRM and Opinion Filed December 9,1999

In The Caitrt of Appeals Jfftftlj Ststmt at Qtexas at Dallas
No. 05-99-00142-CR
MICHAEL SHAUN WAKE, Appellant

THE STATE OF TEXAS, Appellee On Appealfrom the County Criminal CourtNo. 8 Dallas County, Texas Trial Court Cause No. MB98-25376-J
MEMORANDUM OPINION Before Chief Justice Thomas and Justices Bridges and Farris1 Opinion By Justice Farris The issues in this appeal are two: (1) whether the trial court abused its discretion in overruling Wake's motion to suppress, and (2) the factual sufficiency ofthe evidence. We overrule each ofWake's points oferror and affirm thejudgment. Wake's first three points oferror complain the trial court erred in overruling his motion to 

### suppress the evidence ofmarijuana. Specifically, Wake contends the police lacked probable cause and reasonable suspicion to enter the motel room where the marijuana was found and he was

1The Honorable David F. Farris, Former Justice, Second District Court ofAppeals, FortWorth, Texas, sitting by assignment.

### arrested. We overrule all threepoints becauseWake did notmeethis burdenofprovingthathehad 

### a

legitimate expectation ofprivacy inthemotel room. See Callowayv. State, 743 S.W.2d 645, 650 

## (Tex. Crim. App. 1988). There was no testimony identifying anyonepresentas a motel guest. By his own admission, Wake had arrived at the motel room only minutes before the police, and the room was occupied by others when he arrived. 

### In his factual sufficiency point oferror, Wake challenges the credibility ofa police officer 

### who testified that abag ofmarijuana fell from Wake's "lap area" as he stood up. Wake also contends his statement that the marijuanabelonged to him was coerced by the police. Two police officers testified that they saw the marijuana fall as Wake stood and both contradicted Wake's 

### testimony that his confession was coerced. We overrule this point because, after reviewing all of the evidence, we are unable to say that the verdict was so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. See Clewis v. State, 922 S.W.2d 126 (Tex. Crim. App. 1996). Thejudgment is affirmed.

Do Not Publish Tex. R. App. P. 47

-2- 

## &^Z-v^&£> TfarkE justice, assigned
## Breadcrumb

-  Publications 
-  Articles 

#           Multivariate model of female black bear habitat use for a Geographic Information System      

      January 1, 1993    

Simple univariate statistical techniques may not adequately assess the multidimensional nature of habitats used by wildlife. Thus, we developed a multivariate method to model habitat-use potential using a set of female black bear (Ursus americanus) radio locations and habitat data consisting of forest cover type, elevation, slope, aspect, distance to roads, distance to streams, and forest cover type diversity score in the Ozark Mountains of Arkansas. The model is based on the Mahalanobis distance statistic coupled with Geographic Information System (GIS) technology. That statistic is a measure of dissimilarity and represents a standardized squared distance between a set of sample variates and an ideal based on the mean of variates associated with animal observations. Calculations were made with the GIS to produce a map containing Mahalanobis distance values within each cell on a 60- × 60-m grid. The model identified areas of high habitat use potential that could not otherwise be identified by independent perusal of any single map layer. This technique avoids many pitfalls that commonly affect typical multivariate analyses of habitat use and is a useful tool for habitat manipulation or mitigation to favor terrestrial vertebrates that use habitats on a landscape scale.

## Citation Information

## Related Content

                  -              Connect           

#### Joseph Clark, Ph.D.

##### Supervisory Research Ecologist

Northern Rocky Mountain Science Center

jclark1@usgs.gov

865-974-4790

## Related Content

#### Joseph Clark, Ph.D.

##### Supervisory Research Ecologist

Northern Rocky Mountain Science Center

jclark1@usgs.gov

865-974-4790

### Study Area

### Contact

####               Northern Rocky Mountain Science Center (NOROCK) Headquarters          

2327 University WaySuite 2Bozeman, MT59715United States

406-994-7544

406-994-6556

### Explore Search

                  - United States
                  - Ozark National Forest
                  -  White Rock Wildlife Management Area
                  - Arkansas

View All **
Form CGFD62 (9/19/08)

United States Bankruptcy Court

Southern District of Florida

www.flsb.uscourts.gov

Case Number: 19−17544−SMG Adversary Number: 19−01230−SMG

In re:

Name of Debtor(s): Seven Stars on the Hudson Corp

 −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−/

Seven Stars on the Hudson Corp

Plaintiff(s)

VS.

MDG Powerline Holdings, LLC and XBK Management, LLC

Defendant(s)

 −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−/

NOTICE OF ENTRY ON DOCKET OF JUDGMENT/ORDER

Notice is hereby provided pursuant to Bankruptcy Rule 9022 that the Judgment/Order titled FINAL

JUDGMENT FOR DEFENDANT MDG POWERLINE HOLDINGS, LLCS ATTORNEYS FEES AND

COSTS (copy attached) was entered on the docket on 05/03/2022 .

Dated: 5/3/22 CLERK OF COURT

By: Tanesha Graster−Thomas

Deputy Clerk (954) 769−5700

The clerk shall serve a copy of this notice on all interested parties.

Case 19-01230-SMG Doc 312-1 Filed 05/03/22 Page 1 of 1
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4750 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 4750

  To amend title 10, United States Code, to repeal the prohibition on 
   providing adoptive leave to each member of a dual military couple.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2016

 Mr. MacArthur (for himself and Mr. Langevin) introduced the following 
      bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To amend title 10, United States Code, to repeal the prohibition on 
   providing adoptive leave to each member of a dual military couple.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Adoption Leave for Military Families 
Act''.

SEC. 2. REVISION IN DEPARTMENT OF DEFENSE POLICIES REGARDING ADOPTIVE 
              LEAVE FOR DUAL MILITARY COUPLES.

    Section 701(i)(3) of title 10, United States Code, is amended by 
striking ``only one such member shall be allowed leave under this 
subsection'' and inserting ``one of the members is allowed up to 21 
days of leave under this subsection and the other member may be allowed 
up to 14 days of leave under this subsection''.
                                 <all>
```
Vista International Technologies. Inc. 10-Q





Exhibit 32





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned hereby certifies, pursuant to, and as required by, 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Vista International Technologies, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2011 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that information contained in such Quarterly Report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company for the periods prescribed.


Date:  August 12, 2011
By:
/s/ Bradley A. RippsBradley A. RippsInterim Chief Executive Officer

and Principal Accounting Officer
# Fourth Court of Appeals San Antonio, Texas

Decemb er 31, 2020

No. 04

- 19

- 00691

- CV

CUANTO ANTES MEJOR, LLC and M.E. Phillip,

Appellants

v.

EOG RESOURCES, INC., Appellee

From the 81st Judicial District Court

, Karnes County, Texas

Trial Court No. 15

- 12

- 00277

- CVK Honorable Lynn Ellison , Judge Presiding



### O R D E R

Appellee’s motion for an extension of time to file motion for rehearing and/or e n banc reconsideration is GRANTED. Time is extended to January 14 , 2021

.

_________________________________ Liz a A. Rodriguez , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of December, 2020

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-51276

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

TROY DAVID CAMPEAU

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:06-CR-370-ALL

Before HIGGINBOTHAM, STEWART, and SOUTHWICK, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Troy David Campeau

presents arguments that he concedes are foreclosed by United States v. Rawls,

85F.3d 240, 242-44 (5th Cir. 1996), which rejected a Commerce Clause challenge

to the felon-in-possession-of-a-firearm statute, 18 U.S.C. § 922(g). See United

States v. Daugherty, 264 F.3d 513, 518 (5th Cir. 2001). The Government’s

United States Court of Appeals

Fifth Circuit

F I L E D

August 6, 2008

Charles R. Fulbruge III

Clerk
No. 07-51276

2

motion for summary affirmance is GRANTED, and the judgment of the district

court is AFFIRMED.
## Breadcrumb

-  Publications 
-  Reports 

#           Preliminary geomagnetic data, College Observatory, Fairbanks, Alaska: March 1979      

      January 1, 1979    

View Document

The preliminary geomagnetic data included here is made available to scientific personnel and organizations, as part of a cooperative effort and on a data exchange basis because of the early need by some users. To avoid delay, all of the data is copied from original forms processed at the observatory; therefore it should be regarded as preliminary.

## Citation Information

### Study Area

### Explore Search

                  - Natural Hazards
                  - United States
                  - Alaska
                  - College Observatory

View All **
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-1736

In re: DAVID HILL,

Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the Eastern 

District of Virginia, at Alexandria. (1:01-cr-00191-CMH-1; 1:20-cv-00474-CMH-TCB)

Submitted: November 10, 2022 Decided: June 23, 2023

Before GREGORY, Chief Judge, AGEE, Circuit Judge, and MOTZ, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

David Hill, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-1736 Doc: 5 Filed: 06/23/2023 Pg: 1 of 2
2

PER CURIAM:

David Hill petitions for a writ of mandamus, alleging that the district court has 

unduly delayed acting on the 28 U.S.C. § 2241 habeas petition transferred to Hill’s criminal 

case. Hill seeks an order from this court directing the district court to act. Our review of 

the district court’s docket reveals that, by order entered on September 21, 2022, the district 

court denied the § 2241 petition identified in the instant mandamus petition. See United 

States v. Hill, No. 1:01-cr-00191-CMH-1 (E.D. Va. PACER No. 453). Accordingly, 

because the district court recently decided Hill’s petition, we deny the mandamus petition 

as moot. 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.

PETITION DENIED

USCA4 Appeal: 22-1736 Doc: 5 Filed: 06/23/2023 Pg: 2 of 2
## Breadcrumb

-  Publications 
-  Articles 

#           Plant richness and composition in hardwood forest understories vary along an acidic deposition and soil-chemical gradient in the northeastern United States      

      March 26, 2019    

### **Aims**

A century of atmospheric deposition of sulfur and nitrogen has acidified soils and undermined the health and recruitment of foundational tree species in the northeastern US. However, effects of acidic deposition on the forest understory plant communities of this region are poorly documented. We investigated how forest understory plant species composition and richness varied across gradients of acidic deposition and soil acidity in the Adirondack Mountains of New York State.

### Methods

We surveyed understory vegetation and soils in hardwood forests on 20 small watersheds and built models of community composition and richness as functions of soil chemistry, nitrogen and sulfur deposition, and other environmental variables.

### Results

Community composition varied significantly with gradients of acidic deposition, soil acidity, and base cation availability (63% variance explained). Several species increased with soil acidity while others decreased. Understory plant richness decreased significantly with increasing soil acidity (r = 0.60). The best multivariate regression model to predict richness (p < 0.001, adjusted-R2 = 0.60) reflected positive effects of pH and carbon-to-nitrogen ratio (C:N).

### Conclusions

The relationship we found between understory plant communities and a soil-chemical gradient, suggests that soil acidification can reduce diversity and alter the composition of these communities in northern hardwood forests exposed to acidic deposition.

## Citation Information

## Related Content

                  -              Connect           

####             Gregory B Lawrence (Former Employee)          

##### Physical Scientist (RGE)

New York Water Science Center

## Related Content

####             Gregory B Lawrence (Former Employee)          

##### Physical Scientist (RGE)

New York Water Science Center

### Study Area

### Contact

####               New York Water Science Center          

425 Jordan RoadTroy, NY12180-8349United States

dc_ny@usgs.gov

(518) 285-5695 

(518) 285-5601

### Explore Search

                  - United  States
                  - northeast New York
                  - New York

View All **
[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Notices]
[Page 15138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-10322]



-----------------------------------------------------------------------
## Breadcrumb

-  Publications 
-  Articles 

#           Modified GIC estimation using 3-D Earth conductivity      

      June 10, 2020    

Geomagnetically induced currents (GICs) are quasi-direct current (DC) electric currents that flow in technological conductors during geomagnetic storms. Extreme GICs are hazardous to man-made infrastructure. GICs enter and exit the technological systems, such as the electric power grid, at grounding points, and their magnitudes depend on the currents that flow underground. They are, therefore, a function of the Earth's electrical conductivity, represented at ground level as Earth impedances, as well as the resistance parameters of the power network. Traditional GIC estimation practices are based on Earth impedances obtained from laterally homogeneous or piecewise layered-Earth models. We refer to these methods, collectively, as the 1-D approximation. However, GIC hazard mitigation can be improved with more accurate GIC modeling that takes the spatially heterogeneous Earth's conductivity into account. Here, we propose a modified approximation for GIC estimation that is very similar to the 1-D approximation but is instead derived from empirical 3-D Earth impedances. Our formulation sets up the computation of static, frequency-dependent power line telluric response functions, which, once computed, may be considered part of the power grid system model. These response functions may then be used for historical scenario analysis of GIC hazards and for simplified real-time, albeit approximate, GIC estimation in a power grid. This modest modification to the simpler local field formulation approach avoids real-time integration of geoelectric fields along power lines while taking the realistic 3-D Earth into account in a rigorous manner. Once implemented, the method provides a power grid operator with the benefits of convenience and computational speed for a first look real-time operational GIC hazard assessment. We estimate that the proposed modified 3-D GIC modeling approach produces GIC values that are well within 50% of those obtained with the full-scale power line integration of spatially variable geoelectric fields, for storms comparable in scale to the 2003 Halloween storm, all geological structures, and power lines located in the contiguous United States and other low- to middle-latitude regions.

## Citation Information

## Related Content

                  -              Connect           

#### Anna Kelbert, Ph.D.

##### Research Geophysicist

Geomagnetism Program

akelbert@usgs.gov

303-273-8448

## Related Content

#### Anna Kelbert, Ph.D.

##### Research Geophysicist

Geomagnetism Program

akelbert@usgs.gov

303-273-8448

### Contact

#### Geologic Hazards Science Center

1711 Illinois St.Golden, CO80401United States

303-273-8500
[Federal Register Volume 60, Number 59 (Tuesday, March 28, 1995)]
[Notices]
[Page 15909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-20328]



-----------------------------------------------------------------------
## Breadcrumb

-  Publications 
-  Reports 

#           Preliminary geomagnetic data, College Observatory, Fairbanks, Alaska: February 1983      

      January 1, 1983    

View Document

The preliminary geomagnetic data included here is made available to scientific personnel and organizations, as part of a cooperative effort and on a data exchange basis because of the early need by some users. To avoid delay, all of the data is copied from original forms processed at the observatory; therefore it should be regarded as preliminary.

## Citation Information

### Explore Search

                  - Natural Hazards
                  - United States
                  - Alaska
                  - College Observatory

View All **