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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-7793

JOSEPH E. LOUIS,

Petitioner - Appellant,

versus

EARL D. BESHEARS, Warden; ATTORNEY GENERAL OF

THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. J. Frederick Motz, Chief District Judge.

(CA-96-1426-JFM)

Submitted: February 13, 1997 Decided: February 27, 1997

Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Joseph E. Louis, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF

MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying relief on

his petition filed under 28 U.S.C. § 2254 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-

132, 110 Stat. 1214. We have reviewed the record and the district

court's opinion and find no reversible error. Accordingly, we

deny a certificate of appealability and dismiss the appeal on the

reasoning of the district court. Louis v. Beshears, No. CA-96-1426-

JFM (D. Md. Sept. 30, 1996). 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
James R. WOLDSETH, DOC #R33402, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-2354

District Court of Appeal of Florida, Second District.

Opinion filed November 16, 2018 Rehearing Denied January 8, 2019

James R. Woldseth, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Helene S. Parnes, Special Assistant Attorney General, Tampa, for Appellee.

SLEET, Judge.

James Woldseth appeals his amended sentences after the postconviction court granted his Florida Rule of Criminal Procedure 3.850 motion, vacating one of his convictions and resentencing him on his remaining offenses. We affirm Woldseth's amended sentences and restitution order of $823,233.88 to the victim. However, on appeal he argues that the trial court erroneously imposed costs and fees when it resentenced Woldseth on May 10, 2017. We agree. Because costs and fees were orally waived at the resentencing hearing, we reverse and remand for the trial court to strike the award of court costs and fees.

Affirmed in part, reversed in part, and remanded with instructions.

KELLY, and MORRIS, JJ., Concur.
EXHIBIT 10.8


 


ANDREW CORPORATION


EXECUTIVE SEVERANCE BENEFIT PLAN AGREEMENT


 


THIS AGREEMENT, made this 5th day of July, 2004, by and between Andrew
Corporation (the “Company”) and Jim Petelle (the “Executive”),


 


WITNESSETH:


 


WHEREAS, the Company maintains the Andrew Corporation Executive
Severance Benefit Plan, as amended and restated effective May 14, 2004 (the
“Plan”); and


 


WHEREAS, the Executive has been designated as an eligible participant
in the Plan;


 


NOW, THEREFORE, the Executive and Company hereby agree as follows:


 


1.                                       Plan
Benefits.  The Executive has been
designated as a TIER III Participant in the Plan and shall be eligible solely
for the benefits set forth therein applicable to TIER III Participants.  The receipt of such benefits shall be subject
to all of the terms and conditions set forth in the Plan, including, but not
limited to, terms related to the amount, time and form of benefits.  By execution of this Agreement, the
Executive agrees to be bound by the provisions of the Plan, as amended and
restated effective May 14, 2004, and as may be subsequently amended.


 


2.                                       Arbitration.  The Executive acknowledges that
Section 7.2 of the Plan contains an arbitration provision, and by
execution of this Agreement agrees to be bound by the terms of such arbitration
provision.


 


3.                                       Plan
Not Contract of Employment.  The
Plan does not constitute a contract of employment and nothing in the Plan shall
be construed to give the Executive the right to be retained by the Company or
to any benefits not specifically provided by the Plan.


 


4.                                       Plan
Supercedes Prior Change in Control Severance Agreements.  The Executive acknowledges and agrees that
the benefits and terms set forth in the May 14, 2004 restatement of the Plan,
as applicable to the Participant based on the Tier designated in paragraph 1
above, are a replacement for and in lieu of any benefits to which the Executive
may have been entitled under the Plan prior to its restatement or under any
other agreement with the Company relating to Change in Control severance
benefits.  The Executive further
acknowledges such benefits and terms may be subsequently amended pursuant to
Section 7.1 of the Plan.


 


IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed as of the date first above written.


 


	
  EXECUTIVE

  	
  ANDREW CORPORATION

  
	
   

  	
   

  
	
   

  	
   

  
	
  /s/ James F. Petelle

  	
   

  	
  /s/ Ralph E. Faison

  	
   

  
	
  , individually

  	
   

  	
  By: Ralph E. Faison

  
	
   

  	
  Its: President & Chief Executive Officer
STATE EX REL. Shuneal O. MATHIS v. STATE of Louisiana

No. 2017-KH-1815

Supreme Court of Louisiana.

December 17, 2018

**ON SUPERVISORY WRITS TO THE FIFTH JUDICIAL DISTRICT COURT, PARISH OF FRANKLIN**

PER CURIAM:

Denied. Relator fails to show that he was denied the effective assistance of counsel during plea negotiations under the standard of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). As to his remaining claims, relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
<PAGE>
                                                                 Exhibit (23)(a)

            Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the following Registration
Statements and in the related Prospectuses:

      (1)   Registration Statements (Form S-3 No. 333-125553, No. 333-52560, No.
            333-27849, No. 333-37241, No. 333-74958, No. 333-45556) of CMS
            Energy Corporation;

      (2)   Registration Statement (Form S-4 No. 33-60007 and No. 33-55805) of
            CMS Energy Corporation;

      (3)   Registration Statements (Form S-8 No. 333-32229 and No. 333-58686)
            pertaining to the CMS Energy Corporation Performance Incentive Stock
            Plan and Executive Stock Option Plan, respectively, and

      (4)   Registration Statement (Form S-8 No. 333-76347) pertaining to the
            Employee Savings and Incentive Plan of Consumers Energy Company;

of our reports dated February 22, 2006, with respect to the consolidated
financial statements and schedule of CMS Energy Corporation, CMS Energy
Corporation management's assessment of the effectiveness of internal control
over financial reporting, and the effectiveness of internal control over
financial reporting of CMS Energy Corporation, included in this Annual Report
(Form 10-K) for the year ended December 31, 2005.


                                             /s/ Ernst & Young LLP

Detroit, Michigan
February 22, 2006
* 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. 05-31094

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL A. WATSON,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Middle District of Louisiana

(3:04-CR-186-ALL)

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

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before KING, WIENER, and DeMOSS, Circuit Judges.

PER CURIAM:*

The guilty-plea conviction of Defendant-Appellant Michael A. Watson for

use of a firearm during and in relation to a drug trafficking crime, in violation

United States Court of Appeals

Fifth Circuit

F I L E D

January 23, 2008

Charles R. Fulbruge III

Clerk
1 Michael A. Watson v. United States, 06-571, Dec. 10, 2007.

2

of 18 U.S.C. § 924(c)(1)(A), was based on his trade of drugs to an undercover

agent in exchange for a handgun. When he pleaded guilty, Watson reserved the

right to challenge on appeal the sufficiency of the factual basis to support his

conviction under the statute.

We followed our precedentin rejecting Watson’s insistence that an actlike

his —— obtaining a firearm in exchange for drugs —— is distinguishable from our

precedent sustaining convictions when the defendant receives drugs or other

consideration in exchange for a firearm that he possessed and gives up in the

exchange transaction.

The Supreme Court of the United States granted certiorari, and sub nom

Watson v. United States, —— U.S. —— (2007), reversed our affirmance of Watson’s

conviction.1 The court held that a person does not “use” a firearm within the

intendment of the statute when he receives it in exchange for drugs and

remanded Watson’s case to us for additional consistent proceedings.

Accordingly, we withdraw our previous opinion affirming Watson’s

conviction, reverse his conviction for use of a firearm during and in relation to

a drug trafficking crime, vacate the sentence imposed for that conviction, and

remand this case to the district court for further disposition consistent with our
3

ruling today, recognizing that a person does not “use” a firearm under 18 U.S.C.

§ 924(c)(1)(A) when he receives it in exchange for drugs.

PRIOR OPINION AND JUDGMENT WITHDRAWN; CONVICTION FOR

VIOLATION OF 18 U.S.C. § 924(c)(1)(A) REVERSED; SENTENCE VACATED;

CASE REMANDED TO THE DISTRICT COURT FOR FURTHER

DISPOSITION CONSISTENT HEREWITH.
Exhibit 32

                        CERTIFICATIONS UNDER SECTION 906
                       OF THE SARBANES-OXLEY ACT OF 2002
                               (18 U.S.C. 1350).

THE FOLLOWING STATEMENT IS BEING MADE TO THE SECURITIES AND EXCHANGE COMMISSION
SOLELY FOR PURPOSES OF SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.
1350), WHICH CARRIES WITH IT CERTAIN PENALTIES IN THE EVENT OF A KNOWING OR
WILLFUL REPRESENTATION.

Securities and Exchange Commission
450 Fifth Street, NW
Washington, DC 20549

      Re: Essential Reality, Inc.

Ladies and Gentlemen:

      In accordance with the requirements of Section 906 of the Sarbanes-Oxley
Act of 2002, 18 U.S.C. Section 1350, the undersigned, George A. Mellides, the
principal financial officer of Essential Reality, Inc. (the "Company"),
certifies that:

            (1) the Quarterly Report on Form 10-QSB of the Company for the
      period ended March 31, 2002 (the "Report") fully complies with the
      requirements of Section 13 (a) or 15 (d) of the Securities Exchange Act of
      1934 (15 U.S.C. 78m or 78o(d)); and

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

Dated as of this 21st day of April, 2004

                                        /s/ George A. Mellides
                                        ----------------------------------------
                                        George A. Mellides,
                                        Principal Financial Officer

<PAGE>

THE FOLLOWING STATEMENT IS BEING MADE TO THE SECURITIES AND EXCHANGE COMMISSION
SOLELY FOR PURPOSES OF SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.
1350), WHICH CARRIES WITH IT CERTAIN PENALTIES IN THE EVENT OF A KNOWING OR
WILLFUL REPRESENTATION.

Securities and Exchange Commission
450 Fifth Street, NW
Washington, DC 20549

      Re:  Essential Reality, Inc.

Ladies and Gentlemen:

      In accordance with the requirements of Section 906 of the Sarbanes-Oxley
Act of 2002, 18 U.S.C. Section 1350, the undersigned, John Gentile, Chief
Executive Officer of Essential Reality, Inc. (the "Company"), certifies that:

            (1) the Quarterly Report on Form 10-QSB of the Company for the
      period ended March 31, 2002 (the "Report") fully complies with the
      requirements of Section 13 (a) or 15 (d) of the Securities Exchange Act of
      1934 (15 U.S.C. 78m or 78o(d)); and

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

Dated as of this 21st day of April, 2004

                                        /s/ John Gentile
                                        ----------------------------------------
                                        John Gentile, Chief Executive Officer
##### 



Exhibit 32.1

CERTIFICATE 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 WGNB Corp. (the Company) on Form
10-Q for the period ending June 30, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, L. Leighton Alston,
President, Chief Executive Officer and Director of the Company, certify,
pursuant to 18 U.S.C. §1350, as adopted 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 presents, in all
material respects, the financial condition and results of operations of the
Company.

|                                                                                                 |  | 
|------------------------------------------------------------------------------------------------ |  | 
|Date: August 12, 2003                                                                            |  | 
|                                                                                                 |  | 
|/s/ L. Leighton Alston                                                                           |  | 
|                                                                                                 |  | 
|L. Leighton Alston
President, Chief Executive Officer and Director
(Principal Executive Officer) |  | 

A signed original of this written statement required by Section 906 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.
----

|  | 1. | I have reviewed this Amendment No. 1 to the quarterly report on Form 10-Q of Pinnacle Financial Partners, Inc.; |
|--|----|-----------------------------------------------------------------------------------------------------------------|

|  | 2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; |
|--|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| May 22, 2015 | Signature: | /s/ Harold R. Carpenter           |
|--------------|------------|-----------------------------------|
|         |       | Harold R. Carpenter               |
|         |       | Chief Financial Officer           |
|         |       | Pinnacle Financial Partners, Inc. |

----
IV 

113TH CONGRESS 

1ST SESSION H. RES. 41 

Expressing support for designation of February 12, 2013, as Darwin Day 

and recognizing the importance of science in the betterment of humanity. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 22, 2013 

Mr. HOLT submitted the following resolution; which was referred to the 

Committee on Science, Space, and Technology 

RESOLUTION 

Expressing support for designation of February 12, 2013, 

as Darwin Day and recognizing the importance of science 

in the betterment of humanity. 

Whereas Charles Darwin’s theory of evolution by the mechanism of natural selection, together with the monumental 

amount of scientific evidence he compiled to support it, 

provides humanity with a logical and intellectually compelling explanation for the diversity of life on Earth; 

Whereas the validity of Darwin’s theory of evolution by natural selection is further strongly supported by the modern understanding of the science of genetics; 

Whereas it has been the human curiosity and ingenuity exemplified by Darwin that has promoted new scientific discoveries that have helped humanity solve many problems 

and improve living conditions; 


tkelley on DSK3SPTVN1PROD with 
2 

•HRES 41 IH 

Whereas the advancement of science must be protected from 

those unconcerned with the adverse impacts of global 

warming and climate change; 

Whereas the teaching of creationism in some public schools 

compromises the scientific and academic integrity of the 

United States education systems; 

Whereas Charles Darwin is a worthy symbol of scientific advancement on which to focus and around which to build 

a global celebration of science and humanity intended to 

promote a common bond among all of Earth’s peoples; 

and 

Whereas February 12, 2013, is the anniversary of the birth 

of Charles Darwin in 1809 and would be an appropriate 

date to designate as Darwin Day: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) supports the designation of Darwin Day; 

3 and 

4 (2) recognizes Charles Darwin as a worthy sym5 bol on which to celebrate the achievements of reason, 

6 science, and the advancement of human knowledge. 

Æ 


tkelley on DSK3SPTVN1PROD with
```

[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104108-104109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30421]

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

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

Procurement List; Proposed Additions and Deletions

AGENCY: Committee for Purchase From People Who Are Blind or Severely 
Disabled.

ACTION: Proposed additions to and deletions from the Procurement List.

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

SUMMARY: The Committee is proposing to add service(s) to the 
Procurement List that will be furnished by nonprofit agencies employing 
persons who are blind or have other severe disabilities, and deletes 
product(s) and service(s) previously furnished by such agencies.

DATES: Comments must be received on or before: January 19, 2025.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, 355 E Street SW, Suite 325, Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: For further information or to submit 
comments contact: Michael R. Jurkowski, telephone: (703) 489-1322, or 
email [email protected].

[[Page 104109]]

SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 
U.S.C. 8503 (a)(2) and 41 CFR 51-2.3. Its purpose is to provide 
interested persons an opportunity to submit comments on the proposed 
actions.

Additions

    In accordance with 41 CFR 51-5.3(b), the Committee intends to add 
this services requirement to the Procurement List as a mandatory 
purchase only for the contracting activity listed at the location 
listed with the proposed qualified nonprofit agency as the authorized 
source of supply. Prior to adding the service to the Procurement List, 
the Committee will consider other pertinent information, including 
information from Government personnel and relevant comments from 
interested parties regarding the Committee's intent to geographically 
limit this services requirement.
    The following service(s) are proposed for addition to the 
Procurement List for production by the nonprofit agencies listed:

Service(s)

Service Type: Custodial, Janitorial
Mandatory for: US Army, Walter Reed Army Institute of Research, 
Buildings 503 and 164, Silver Springs, MD
Authorized Source of Supply: MVLE, Inc., Springfield, VA
Contracting Activity: DEPT OF THE ARMY, W4PZ USA MED RSCH ACQUIS ACT

Deletions

    The following product(s) and service(s) are proposed for deletion 
from the Procurement List:

Product(s)

NSN(s)--Product Name(s):
    4330-01-121-6350--Parts Kit, Automatic Transmission Filter
Contracting Activity: DLA LAND AND MARITIME, COLUMBUS, OH

Service(s)

Service Type: Switchboard Operation
Mandatory for: Department of Veterans Affairs, VA Central Iowa 
Health Care System, 3600 30th Street, Des Moines, IA
Contracting Activity: Veterans Affairs, Department Of, 438-Sioux 
Falls Va Medical Center

Ramon Barreto,
Business Management Specialist, Business Operations.
[FR Doc. 2024-30421 Filed 12-19-24; 8:45 am]
BILLING CODE 6353-01-P
```
**Exhibit
32.1**
   **Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**
   **(18
U.S.C. Section 1350)**
   
   H. David
Ramm, Chief Executive Officer, and John D. Giolli, Chief Financial Officer, of
Millennium Cell Inc. (the "Company"), have executed this certification in
connection with the filing with the Securities and Exchange Commission of the
Company’s Quarterly Report on Form 10-Q for the three months ended March 31,
2005 (the “Report”) and do hereby certify, pursuant to § 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) that to our
knowledge:
  1. The
Report fully complies with the requirements of Section 13(a) and 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 as of the dates
and for the periods expressed in the Report.
 
  A signed
original of this written statement 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.
  
 /s/ H.
David Ramm
 H. David
Ramm
 Chief
Executive Officer
 May 13,
2005
 
 /s/
John D. Giolli
 John D.
Giolli
 Chief
Financial Officer
 May 13,
2005