alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-20203

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CHRISTOPHER S. PARKER,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CR H-92-92-2

- - - - - - - - - -

November 8, 1996

Before JONES, DeMOSS and PARKER, Circuit Judges.

PER CURIAM:*

Christopher S. Parker, #59853-079, appeals from the district

court’s order dismissing his motion to vacate, set aside, or

correct his sentence pursuant to 28 U.S.C. § 2255. Parker argues

that the district court abused its discretion in failing to

conduct an evidentiary hearing on the issue of juror misconduct,

the district court’s interview of a juror in his absence violated

his Fifth Amendment right to be present during every stage in the

proceedings, and the district court’s finding that the juror
No. 96-20203

- 2 -

misconduct did not interfere with the jury’s function was not

supported by the record. 

Parker raised none of these issues in his § 2255 motion. We

decline to review Parker’s arguments concerning these claims

because there is no error that is clear and obvious. See

Highlands Ins. v. National Union Fire Ins., 27 F.3d 1027 (5th

Cir. 1994) (applying the standard of United States v. Calverley,

37 F.3d 160, 162-64 (5th Cir. 1994) (en banc), cert. denied, 115

S. Ct. 1266 (1995) to civil cases), cert. denied, 115 S. Ct. 903

(1995). By not arguing the only issue that he did raise in his

§ 2255 motion, ineffective assistance of counsel, Parker has

abandoned that issue. See Brinkmann v. Dallas County Deputy

Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Parker’s

Motion for Bond Pending Appeal is DENIED as moot. 

AFFIRMED.
**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 XrayMedia, Inc. on Form 10-QSB
for the period ending March 31, 2005 as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, Raymond Dabney, President and
Chief Executive Officer of XrayMedia, Inc and a member of the Board of
Directors, certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:
 
 
 (1) The
Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and
 
 
 (2) The
information contained in the Report fairly represents, the financial condition
and result of operations of the Company.
 
 
 
 
 Date: May
17, 2005         Signature: /s/Raymond
C. Dabney
 
 Raymond C. Dabney
 Chief
Executive 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 Quarterly Report of XrayMedia, Inc. on Form 10-QSB
for the period ending March 31, 2005 as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, Raymond Dabney, President and
Chief Financial Officer of XrayMedia, Inc and a member of the Board of
Directors, certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:
 
 
 (1) The
Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and
 
 
 (2) The
information contained in the Report fairly represents, the financial condition
and result of operations of the Company.
 
 
 
 
 Date: May
17, 2005         Signature:/s/Raymond
C. Dabney

Raymond C. Dabney
Chief
Executive Officer
Freddie Lee MORRIS, DOC #029947, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-2250

District Court of Appeal of Florida, Second District.

Opinion filed November 15, 2017.

Freddie Lee Morris, pro se.

PER CURIAM.

Affirmed.

CASANUEVA, KELLY, and LUCAS, JJ., Concur.
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-8367

UNITED STATES OF AMERICA, 

 Plaintiff – Appellee, 

 v. 

ANTONIO NICHOLAS HILL, 

 Defendant – Appellant. 

Appeal from the United States District Court for the District of 

South Carolina, at Anderson. Henry F. Floyd, District Judge. 

(8:05-cr-01276-HFF-1; 8:08-cv-70080-HFF) 

Submitted: March 12, 2009 Decided: March 17, 2009 

Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior 

Circuit Judge. 

Dismissed by unpublished per curiam opinion. 

Antonio Nicholas Hill, Appellant Pro Se. Isaac Louis Johnson, 

Jr., OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South 

Carolina, for Appellee. 

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Antonio Nicholas Hill seeks to appeal the district 

court’s order denying relief on his 28 U.S.C.A. § 2255 (West 

Supp. 2008) motion. The order is not appealable unless a 

circuit justice or judge issues a certificate of appealability. 

28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability 

will not issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 

322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); 

Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have 

independently reviewed the record and conclude that Hill has not 

made the requisite showing. Accordingly, we deny a certificate 

of appealability and dismiss the appeal. 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
# Fourth Court of Appeals

San Antonio, Texas

August 19, 2021

No. 04

- 21

- 00244

- CV

IN RE ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. , and William L. Magness

From the 285th Judicial District Court

, Bexar County, Texas

Trial Court No. 2021CI04574

Honorable Solomon Casseb, III , Judge Presiding



### O R D E R

Sitting: Rebeca C. Martinez, Chief Justice

Luz Elena D. Chapa, Justice

Li za A . Rodriguez, Justice

The Relator ’ s Motion for Rehearing is hereby DENIED.

_________________________________ Rebeca C. Martinez, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 19th day of August, 2021

.

___________________________________ M ichael A. C ruz

, Clerk of Court
## Breadcrumb

-  Publications 
-  Reports 

#           System characterization of Earth observation sensors      

      June 8, 2021    

View Report

This U.S. Geological Survey Open-File Report provides information from assessments of Earth observation sensors completed by the U.S. Geological Survey Earth Resources Observation and Science Cal/Val Center of Excellence. These reports are provided as independent measures of basic system performance by the Earth Resources Observation and Science Cal/Val Center of Excellence team by completing the geometric, radiometric, and spatial characterization. The results of these assessments are a snapshot in time.

## Citation Information

### Contact

####               Earth Resources Observation and Science (EROS) Center          

47914 252nd StreetSioux Falls, SD57198United States

custserv@usgs.gov

800-252-4547

### Explore Search

                  - Information Systems
                  - Maps and Mapping

View All **
## Breadcrumb

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#           The patchwork governance of ecologically available water: A case study in the Upper Missouri Headwaters, Montana, United States      

      September 12, 2023    

Institutional authority and responsibility for allocating water to ecosystems (“ecologically available water” [EAW]) is spread across local, state, and federal agencies, which operate under a range of statutes, mandates, and planning processes. We use a case study of the Upper Missouri Headwaters Basin in southwestern Montana, United States, to illustrate this fragmented institutional landscape. Our goals are to (a) describe the patchwork of agencies and institutional actors whose intersecting authorities and actions influence the EAW in the study basin; (b) describe the range of governance mechanisms these agencies use, including laws, policies, administrative programs, and planning processes; and (c) assess the extent to which the collective governance regime creates gaps in responsibility. We find the water governance regime includes a range of nested mechanisms that in various ways facilitate or hinder the governance of EAW. We conclude the current multilevel governance regime leaves certain aspects of EAW unaddressed and does not adequately account for the interconnections between water in different parts of the ecosystem, creating integrative gaps. We suggest that more intentional and robust coordination could provide a means to address these gaps.

## Citation Information

## Related Content

                  -              Connect           

#### Amanda E Cravens, Ph.D.

##### Research Social Scientist

Forest and Rangeland Ecosystem Science Center

aecravens@usgs.gov

#### Jason B Dunham

##### Supervisory Research Ecologist

Forest and Rangeland Ecosystem Science Center

jdunham@usgs.gov

541-750-0990

#### Dionne Zoanni

##### Physical Scientist 

Associate Chief Information Officer

dzoanni@usgs.gov

406-461-2906

## Related Content

#### Amanda E Cravens, Ph.D.

##### Research Social Scientist

Forest and Rangeland Ecosystem Science Center

aecravens@usgs.gov

#### Jason B Dunham

##### Supervisory Research Ecologist

Forest and Rangeland Ecosystem Science Center

jdunham@usgs.gov

541-750-0990

#### Dionne Zoanni

##### Physical Scientist 

Associate Chief Information Officer

dzoanni@usgs.gov

406-461-2906

### Study Area

### Contact

####               Forest and Rangeland Ecosystem Science Center (FRESC) Headquarters          

777 NW 9th StSuite 400Corvallis, OR97330United States

fresc_outreach@usgs.gov

541-750-1030

541-750-1069

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

2327 University WaySuite 2Bozeman, MT59715United States

406-994-7544

406-994-6556

### Explore Search

                  - United States
                  - Montana
                  - upper Missouri River Headwaters

View All **
EXHIBIT 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER

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 on Form 10-Q of OpenTV Corp. (the
Company) for the period ended September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard Hornstein, 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 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 Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ Richard HornsteinName:

Richard HornsteinTitle:

Chief Financial Officer




Dated: November 14, 2003



A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to OpenTV Corp. and will be retained by OpenTV Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
## Breadcrumb

-  Publications 
-  Reports 

#           Map and data for Quaternary faults and folds in New Mexico      

      January 1, 1998    

View Document

View Plate

The "World Map of Major Active Faults" Task Group is compiling a series of digital maps for the United States and other countries in the Western Hemisphere that show the locations, ages, and activity rates of major earthquake-related features such as faults and fault-related folds; the companion database includes published information on these seismogenic features. The Western Hemisphere effort is sponsored by International Lithosphere Program (ILP) Task Group H-2, whereas the effort to compile a new map and database for the United States is funded by the Earthquake Reduction Program (ERP) through the U.S. Geological Survey. The maps and accompanying databases represent a key contribution to the new Global Seismic Hazards Assessment Program (ILP Task Group II-O) for the International Decade for Natural Disaster Reduction. This compilation, which describes evidence for surface faulting and folding in New Mexico, is the third of many similar State and regional compilations that are planned for the U.S. The compilation for West Texas is available as U.S. Geological Survey Open-File Report 96-002 (Collins and others, 1996 #993) and the compilation for Montana will be released as a Montana Bureau of Mines product (Haller and others, in press #1750).

## Citation Information

## Related Content

## Related Content

### Study Area

### Explore Search

                  - United States
                  - new mexico

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## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

248 TP 12-01865 PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.

IN THE MATTER OF SENECA PATTERSON, PETITIONER,

V MEMORANDUM AND ORDER

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT.

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENT.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Mark H. Dadd, A.J.], entered October 3, 2012) to review a determination of respondent. The determination revoked the postrelease supervision of petitioner.
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
Memorandum: Petitioner commenced this proceeding pursuant to CPLR article 78 seeking to annul the determination revoking his period of postrelease supervision and imposing a time assessment of 16 months. “ ‘[A] determination to revoke parole [or postrelease supervision] will be confirmed if the procedural requirements were followed and there is evidence which, if credited, would support such determination’ ” ( Matter of Graham v Dennison , 46 AD3d 1467, 1467 [internal quotation marks omitted]; see Matter of Mosley v Dennison , 30 AD3d 975, 976, lv denied 7 NY3d 712). Contrary to petitioner’s contention, “the testimony of petitioner’s parole officer at the hearing before the [Administrative Law Judge] provides substantial evidence to support the determination with respect to the [eight] charges concerning the violations by petitioner of his curfew [and domestic violence conditions]” ( Mosley , 30 AD3d at 976; see Graham , 46 AD3d at 1467; see generally People ex rel. Vega v Smith , 66 NY2d 130, 139).

Entered: March 15, 2013 Frances E. Cafarell Clerk of the 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.

United States Court of Appeals

Fifth Circuit

FILED

February 13, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40515

Conference Calendar

CHI THIEN DUONG,

Petitioner-Appellant,

versus

UNITED STATES OF AMERICA,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:05-CV-229

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

Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

Chi Thien Duong, federal prisoner # 04236-078, appeals the

district court’s dismissal of his 28 U.S.C. § 2241 petition

challenging his convictions for possession with intent to

distribute cocaine and two counts of using and carrying a firearm

during and in relation to a drug trafficking offense. Duong

argues that he was actually innocent of the second firearm

conviction because he was not convicted of a second drug

trafficking offense. He asserts that his second firearm

conviction was improper because the jury instructions on that
No. 06-40515

-2-

charge were incorrect. He further maintains that the second

firearm conviction violated the prohibition against double

jeopardy. In support of his claims, Duong relies upon the

Supreme Court’s decisions in Deal v. United States, 508 U.S. 129

(1993), In re Winship, 397 U.S. 358 (1970), and Schlup v. Delo,

513 U.S. 298 (1995), as well as several lower court decisions.

We review the district court’s findings of fact for clear

error and its conclusions of law de novo. See Christopher v.

Miles, 342 F.3d 378, 381 (5th Cir. 2003). All of the Supreme

Court decisions relied upon by Duong were already decided by the

time Duong filed his 28 U.S.C. § 2255 motion in 1996. As Duong

has not shown that his claims are based upon a retroactively

applicable Supreme Court decision that decriminalized the conduct

for which he was convicted and were foreclosed at the time he

filed his § 2255 motion, Duong has not made the required showing

to challenge his convictions in a § 2241 petition. See id. at

382. Although Duong relied upon the Supreme Court’s decision in

Shepard v United States, 544 U.S. 13 (2005), in the district

court, he does not raise that argument in this court and the

argument is, therefore, waived. See Hughes v. Johnson, 191 F.3d

607, 613 (5th Cir. 1999). 

AFFIRMED.
## Breadcrumb

-  Publications 
-  Articles 

#           Sources and Delivery of Nutrients to the Northwestern Gulf of Mexico from Streams in the South-Central United States      

      January 1, 2011    

SPAtially Referenced Regressions On Watershed attributes (SPARROW) models were developed to estimate nutrient inputs [total nitrogen (TN) and total phosphorus (TP)] to the northwestern part of the Gulf of Mexico from streams in the South‐Central United States (U.S.). This area included drainages of the Lower Mississippi, Arkansas‐White‐Red, and Texas‐Gulf hydrologic regions. The models were standardized to reflect nutrient sources and stream conditions during 2002. Model predictions of nutrient loads (mass per time) and yields (mass per area per time) generally were greatest in streams in the eastern part of the region and along reaches near the Texas and Louisiana shoreline. The Mississippi River and Atchafalaya River watersheds, which drain nearly two‐thirds of the conterminous U.S., delivered the largest nutrient loads to the Gulf of Mexico, as expected. However, the three largest delivered TN yields were from the Trinity River/Galveston Bay, Calcasieu River, and Aransas River watersheds, while the three largest delivered TP yields were from the Calcasieu River, Mermentau River, and Trinity River/Galveston Bay watersheds. Model output indicated that the three largest sources of nitrogen from the region were atmospheric deposition (42%), commercial fertilizer (20%), and livestock manure (unconfined, 17%). The three largest sources of phosphorus were commercial fertilizer (28%), urban runoff (23%), and livestock manure (confined and unconfined, 23%).

## Citation Information

## Related Content

                  -              Connect           

#### Natalie A Houston

##### Hydrologist

Oklahoma-Texas Water Science Center

nhouston@usgs.gov

512-927-3565

#### Scott V Mize

##### Hydrologist

Lower Mississippi-Gulf Water Science Center

svmize@usgs.gov

225-978-4364

## Related Content

#### Natalie A Houston

##### Hydrologist

Oklahoma-Texas Water Science Center

nhouston@usgs.gov

512-927-3565

#### Scott V Mize

##### Hydrologist

Lower Mississippi-Gulf Water Science Center

svmize@usgs.gov

225-978-4364

### Study Area

### Contact

#### Oklahoma-Texas Water Science Center – Austin, TX Office

1505 Ferguson LaneAustin, TX78754United States

(512) 927-3500

(512) 927-3590 

### Explore Search

                  - United States
                  - south-central united states
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View All **
**EXHIBIT 32.01**

 

##### **CERTIFICATION**

 

Pursuant to the requirements set forth in Rule 13a-14(b) of theSecurities Exchange Act of 1934, as amended (the “Exchange Act”), andSection 1350 of Chapter 63 of Title 18 of the United States Code(18 U.S.C. § 1350), I, Michael E. Hart, the President, ChiefExecutive Officer and Chief Financial Officer of Allos Therapeutics, Inc. (the“Company”), hereby certify that, to the best of my knowledge:

 

1.               The Company’s Quarterly Report on Form10-Q for the period ended June 30, 2004, to which this Certification isattached as Exhibit 32.01 (the “Quarterly Report”), fully complies with therequirements of Section 13(a) or Section 15(d) of the Exchange Act;and

 

2.               The information contained in theQuarterly Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.

 

Dated: August 6, 2004

 
|   | /s/ Michael E. Hart                                              |
|--------|------------------------------------------------------------------|
|   | Michael E. Hart                                                  |
|   | President, Chief Executive  Officer and  Chief Financial Officer |
|   | (Principal Executive Officer and  Principal Financial Officer)   |

 

A signed original of this written statement has been provided to AllosTherapeutics, Inc. and will be retained by Allos Therapeutics, Inc. andfurnished to the SEC or its Staff upon request. This certification“accompanies” the Form 10-Q to which it relates, is not deemed filed with theSEC and is not to be incorporated by reference into any filing of the Companyunder the Securities Act of 1933, as amended, or the Securities Exchange Act of1934, as amended (whether made before or after the date of the Form 10-Q),irrespective of any general incorporation language contained in such filing.

 

1

----
Jimmy SPIKES, Appellant, v. STATE of Florida, Appellee.

No. 4D17-2897

District Court of Appeal of Florida, Fourth District.

[June 7, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*