alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) No. 1:15-cr-00042-TLS-SLC

)

FREDDIE L. CHURCH, JR., )

also known as Freddie Church, Jr., )

)

FINDINGS AND RECOMMENDATION

OF THE MAGISTRATE JUDGE

UPON A PLEA OF GUILTY

TO: THE HONORABLE THERESA L. SPRINGMANN, JUDGE, 

UNITED STATES DISTRICT COURT

Upon Defendant’s request to enter a plea of guilty pursuant to Rule 11 of the Federal

Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge

Susan Collins, on September 14, 2016, with the written consents of Defendant, counsel for

Defendant, and counsel for the United States of America.

The hearing on Defendant’s plea of guilty was in full compliance with Rule 11, Federal

Rules of Criminal Procedure, before the Magistrate Judge in open court and on the record.

In consideration of that hearing and the statements made by Defendant under oath on

the record and in the presence of counsel, the remarks of the Assistant United States Attorney

and of counsel for Defendant,

I FIND as follows:

(1) that Defendant understands the nature of the charges against him to which the plea is

offered;

(2) that Defendant understands his right to trial by jury, to persist in his plea of not
guilty, to the assistance of counsel at trial, to confront and cross-examine adverse witnesses,

and his right against compelled self-incrimination;

(3) that Defendant understands what the maximum possible sentence is, including the

effect of the supervised release term, and Defendant understands that the Sentencing Guidelines

apply and that the Court may depart from those guidelines under some circumstances;

(4) that the plea of guilty by Defendant has been knowingly and voluntarily made and is

not the result of force or threats or of promises apart from the plea agreement between the

parties;

(5) that Defendant is competent to plead guilty;

(6) that Defendant understands that his answers may later be used against him in a

prosecution for perjury or false statement;

(7) that there is a factual basis for Defendant’s plea; and further,

I RECOMMEND that the Court accept Defendant’s plea of guilty and that Defendant

be adjudged guilty of the offenses charged in Counts 3 and 5 of the Indictment, and have

sentence imposed. A Presentence Report has been ordered. Should this Findings and

Recommendation be accepted and Defendant adjudged guilty, sentencing will be scheduled

before Judge Theresa L. Springmann by separate order and notice. Objections to the Findings

and Recommendation are waived unless filed and served within fourteen (14) days. 28 U.S.C.

§ 636(b)(1)(B).

DATED this 19th day of September 2016.

/s/ Susan Collins

Susan Collins,

United States Magistrate Judge

2
The Honorable James M. Moody, United States District Judge

1

for the Eastern District of Arkansas, sitting by designation.

___________

No. 96-1235

___________

Robert Anthony Williams, *

*

Appellant, * Appeal from the United States

* District Court for the 

v. * Southern District of Iowa.

*

John Thalacker; Attorney * [UNPUBLISHED]

General of the State of Iowa, *

*

Appellees. *

___________

 Submitted: November 22, 1996

 Filed: January 17, 1997

___________

Before BEAM, and LOKEN, Circuit Judges, and MOODY, District Judge. 1

___________

BEAM, Circuit Judge.

Robert Anthony Williams was convicted of murder in Iowa. On direct

appeal, the state supreme court affirmed his conviction, but declined to

consider Williams’s claims of ineffective assistance of counsel and

prosecutorial misconduct. State v. Williams, 285 N.W.2d 248, 271 (Iowa

1979). The court explained that the appropriate time to raise such

arguments in Iowa was in an action for post-conviction relief and

specifically reserved Williams’s right to do so. Id. Rather than pursuing

these claims in state court, however, Williams filed a federal habeas

petition addressing only the claims the state court had considered on the

merits. That habeas petition was ultimately unsuccessful. Williams v.

Nix, 528 F. Supp. 664 (S.D. Iowa 1981), reversed, 700 F.2d 1164 (8th Cir.
-2-

1983), reversed, 467 U.S. 431 (1984), on remand, 751 F.2d 956 (8th Cir.),

cert denied, 471 U.S. 1138 (1985).

Upon fully litigating the exhausted issues in federal court, Williams

instituted state post-conviction proceedings, raising his ineffective

assistance of counsel and prosecutorial misconduct claims. The state

courts denied relief. Williams then filed another habeas action, alleging

ineffective assistance and prosecutorial misconduct for the first time in

federal court. The district court dismissed the subsequent petition on

these claims as an abuse of the writ. Williams appeals.

Williams asserts that it would be inequitable not to hear his

heretofore unexhausted claims because the law regarding the abuse-of-thewrit doctrine was unclear when he decided to proceed in federal court

rather than exhausting his state remedies. We have carefully considered

this argument and have thoroughly reviewed the parties’ briefs and

submissions. Upon such examination, we are convinced the district court’s

ruling was correct in all respects. Accordingly, we affirm. See 8th Cir.

R. 47B.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
I 

109TH CONGRESS 

1ST SESSION H. R. 1802 

To amend the Tariff Act of 1930 with respect to the marking of imported 

live bovine animals. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2005 

Mr. REHBERG introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Tariff Act of 1930 with respect to the marking 

of imported live bovine animals. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MARKING OF IMPORTED LIVE BOVINE ANI4 MALS. 

5 (a) AMENDMENT.—Section 304 of the Tariff Act of 

6 1930 (19 U.S.C. 1304) is amended— 

7 (1) by redesignating subsections (i), (j), (k), 

8 and (l) as subsections (j), (k), (l), and (m), respec9 tively; and 
2 

•HR 1802 IH 

1 (2) by inserting after subsection (h) the fol2 lowing new subsection: 

3 ‘‘(i) MARKING OF LIVE BOVINE ANIMALS.— 

4 ‘‘(1) REQUIREMENT.—No exception may be 

5 made under subsection (a)(3) with respect to live bo6 vine animals, each of which shall be marked so as 

7 to identify the country of origin by means of brand8 ing or an equally permanent method of marking. 

9 ‘‘(2) DEFINITION.—In this subsection, the term 

10 ‘live bovine animals’ means animals provided for 

11 under any subheading of heading 0102 of the Har12 monized Tariff Schedule of the United States.’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to articles entered, or withdrawn 

15 from warehouse for consumption, on or after the date that 

16 is 180 days after the date of the enactment of this Act. 

Æ
---

Exhibit 32.1

CERTIFICATION PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

The undersigned, Simon Au, hereby certifies, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

| | (1) | the annual report on Form 10-K/A of Here Enterprises,
      Inc. for the year ended May 31, 2009 (the Report) fully complies with
      the requirements of Section 13(a) or Section 15(d), as applicable, 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 Here Enterprises, Inc.                                                                                    

December 21, 2009

*/s/ Simon Au*Simon
AuPresident, Secretary, Treasurer, and Director (Principal Executive
Officer, Principal Financial Officer, and Principal Accounting Officer)

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Here
Enterprises, Inc. and will be retained by Here Enterprises, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.

---
EXHIBIT 2

                 STATEMENT OF CHIEF FINANCIAL OFFICER
                     PURSUANT TO SECTION 906 OF
                   THE SARBANES-OXLEY ACT OF 2002


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Arthur J.
Seidenfeld certify that:

1.  The Quarterly Report on Form 10-Q/A for the quarter ended December 31,
    2002 (the "Report") of Modern Technology Corp. (the "Company"), 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: January 30, 2003

                      /s/ Arthur J. Seidenfeld
                      ------------------------
                        Arthur J. Seidenfeld
               President and Chief Financial Officer
[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Notices]
[Page 32248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12804]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[B-08-2021]


Foreign-Trade Zone (FTZ) 204--Tri-Cities, Tennessee; 
Authorization of Production Activity, Eastman Chemical Company, 
(Plastics), Kingsport, Tennessee

    On February 12, 2021, Eastman Chemical Company submitted a 
notification of proposed production activity to the FTZ Board for its 
facility within FTZ 204, in Kingsport, Tennessee.
    The notification was processed in accordance with the regulations 
of the FTZ Board (15 CFR part 400), including notice in the Federal 
Register inviting public comment (86 FR 11222, February 24, 2021). On 
June 14, 2021, the applicant was notified of the FTZ Board's decision 
that no further review of the activity is warranted at this time. The 
production activity described in the notification was authorized, 
subject to the FTZ Act and the FTZ Board's regulations, including 
Section 400.14.

    Dated: June 14, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021-12804 Filed 6-16-21; 8:45 am]
BILLING CODE 3510-DS-P
|                                   |   |                                                    |
|----------------------------------------|--------|---------------------------------------------------------|
|                                   |   |                                                    |   |
| Dated:  March 15, 2011  |   | /s/ Gregory S. Pusey                                    |   |
|                                   |   | Gregory S. Pusey, President and Chief Executive Officer |   |
|                                   |   |                                                    |   |
|                                   |   |                                                    |   |

|                                   |   |                                                                             |
|----------------------------------------|--------|----------------------------------------------------------------------------------|
|                                   |   |                                                                             |   |
| Dated:  March 15, 2011  |   | /s/ Jeffrey G. McGonegal                                                         |   |
|                                   |   | Jeffrey G. McGonegal, Senior Vice President- Finance and Chief Financial Officer |   |
|                                   |   |                                                                             |   |
|                                   |   |                                                                             |   |
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 Quarterly Report of DNB Financial Corporation (the "Registrant") on Form 10-Q for the period ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Gerald F. Sopp, Chief Financial Officer of the Registrant, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 Registrant.














/s/ Gerald F. Sopp


Gerald F. Sopp


Chief Financial Officer


August 13, 2010
WAY QUOE LONG, petitioner, v. UNITED STATES.

No. 13-6125.

Supreme Court of the United States

Dec. 2, 2013.

Petition for rehearing denied.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          12,937
<SECURITIES>                                         0
<RECEIVABLES>                                   81,807
<ALLOWANCES>                                     3,312
<INVENTORY>                                          0
<CURRENT-ASSETS>                               100,352
<PP&E>                                         218,261
<DEPRECIATION>                                 143,713
<TOTAL-ASSETS>                                 356,110
<CURRENT-LIABILITIES>                          107,436
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           291
<OTHER-SE>                                     212,536
<TOTAL-LIABILITY-AND-EQUITY>                   356,110
<SALES>                                              0
<TOTAL-REVENUES>                               394,744
<CGS>                                                0
<TOTAL-COSTS>                                  402,493
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,793
<INCOME-PRETAX>                                (8,519)
<INCOME-TAX>                                   (3,380)
<INCOME-CONTINUING>                            (5,139)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,139)
<EPS-BASIC>                                     (0.18)
<EPS-DILUTED>                                   (0.18)


</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       1,503,895
<SECURITIES>                                   659,583
<RECEIVABLES>                                1,098,053
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,747,561
<PP&E>                                          64,416
<DEPRECIATION>                                  17,752
<TOTAL-ASSETS>                               4,442,278
<CURRENT-LIABILITIES>                           58,413
<BONDS>                                        675,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        84,791
<OTHER-SE>                                   3,624,074
<TOTAL-LIABILITY-AND-EQUITY>                 4,442,278
<SALES>                                              0
<TOTAL-REVENUES>                                36,240
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                46,863
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,862
<INCOME-PRETAX>                               (10,623)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (10,623)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
EXHIBIT 13.2





CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to 18 U.S.C. 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Olympus Pacific Minerals Inc. (the "Company") hereby certifies, to such officer's knowledge, that:



(i)

the accompanying Annual Report on Form 20-F of the Company for the fiscal year ended December 31, 2006 (the "Report") fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and



(ii)

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

Date: December 21, 2007

/s/ Peter Tiedemann

Peter Tiedemann

Chief Financial Officer



The foregoing certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. 1350, and are not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and are not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
<Page>
                                                                     EXHIBIT 4.8

                    HERITAGE PROPERTY INVESTMENT TRUST, INC.
                               535 BOYLSTON STREET
                                BOSTON, MA 02116

                          Dated as of February 7, 2003

Prudential Insurance Company of America
8 Campus Drive, 4th Floor
Parsippany, NJ 07054-4409
Attention: Robert Falzon

Ladies and Gentlemen:


     RE: WARRANTS


     Reference is hereby made to the (i) Warrant Agreement ("1999 WARRANT
AGREEMENT"), dated as of July 9, 1999, by and between The Prudential Insurance
Company of America ("Prudential"), and Heritage Property Investment Trust, Inc.
("Heritage"), pursuant to which Heritage issued to Prudential a warrant (the
"1999 WARRANT") to purchase 75,000 shares of common stock of Heritage, par value
$.001 per share ("COMMON STOCK"), and (ii) Warrant Agreement ("2000 WARRANT
AGREEMENT" and, together with the 1999 Warrant Agreement, the "WARRANT
AGREEMENTS"), dated as of September 18, 2000, by and between Prudential and
Heritage, pursuant to which Heritage issued to Prudential a warrant (the "2000
WARRANT" and, together with the 1999 Warrant, the "WARRANTS") to purchase
300,000 shares of Common Stock. Defined terms used herein but not defined herein
shall have the meanings given to such terms in the Warrant Agreements.

     In consideration of the mutual agreements contained herein and intending to
be legally bound hereby, the parties hereto agree that the Warrant Agreements
and the Warrants are hereby amended to change the Expiration Date of the
Warrants to April 29, 2007. All other terms and conditions of the Warrant
Agreements shall remain in full force and effect.

     If the foregoing correctly sets forth the understanding between us, please
so indicate on the enclosed signed copy of this Agreement in the space provided
below and return it to Heritage, whereupon this Agreement shall constitute a
binding agreement between us.

                                  Very truly yours,

                                  HERITAGE PROPERTY INVESTMENT TRUST, INC.

                                  By: /s/ Thomas C. Prendergast
                                      -----------------------------------------
                                      Name:  Thomas C. Prendergast
                                      Title: Chairman, President and
                                             Chief Executive Officer


AGREED TO AND ACCEPTED:
PRUDENTIAL INSURANCE COMPANY OF AMERICA



By: /s/ Robert M. Falzon
    ------------------------------
    Name:  Robert M. Falzon
    Title: Authorized Person
[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Notices]
[Page 28411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13210]



=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


H. Glenn Barker, et al.; Change in Bank Control Notices; 
Acquisitions of Shares of Banks or Bank Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. 
The factors that are considered in acting on the notices are set forth 
in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. Once the notices have been accepted for 
processing, they will also be available for inspection at the offices 
of the Board of Governors. Interested persons may express their views 
in writing to the Reserve Bank indicated for that notice or to the 
offices of the Board of Governors. Comments must be received not later 
than June 13, 1995.
    A. Federal Reserve Bank of Atlanta (Zane R. Kelley, Vice President) 
104 Marietta Street, N.W., Atlanta, Georgia 30303:
    1. H. Glenn Barker, Dunlap, Tennessee; to acquire an additional 5.7 
percent, for a total of 28.4 percent, and L. Thomas Austin, Dunlap, 
Tennessee, to acquire an additional 5.4 percent, for a total of 26.9 
percent, of the voting shares of Sequatchie Valley Bancshares, Inc., 
Dunlap, Tennessee, and thereby indirectly acquire Citizens Tri-County 
Bank, Dunlap, Tennessee.

    Board of Governors of the Federal Reserve System, May 24, 1995.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 95-13210 Filed 5-30-95; 8:45 am]
BILLING CODE 6210-01-F
consents to a voluntary dismissal of this appeal. Cause appearing, we ORDER this appeal DISMISSED.'



## / At, petAi

n J. Hardesty

J.

cc: Hon. Steve L. Dobrescu, District Judge State Public Defender/Ely State Public Defender/Carson City Attorney General/Carson City White Pine County District Attorney Attorney General/Ely White Pine County Clerk James David Ofeldt

'Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.

SUPREME COURT OF NEVADA 2 (0) 1947A