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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-6431

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KENNETH LEON MYERS,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Florence. C. Weston Houck, Chief District Judge.

(CR-93-345, CA-97-1950-4-12)

Submitted: August 30, 2000 Decided: September 7, 2000

Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kenneth Leon Myers, Appellant Pro Se. Alfred William Walker Bethea,

Assistant United States Attorney, Florence, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* Although the district court’s order is marked as “filed” on

January 20, the district court’s records show that it was entered

on the docket sheet on January 27, 2000. Pursuant to Rules 58 and

79(a) of the Federal Rules of Civil Procedure, it is the date that

the order was entered on the docket sheet that we take as the

effective date of the district court’s decision. See Wilson v.

Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986).

2

PER CURIAM:

Kenneth Leon Myers seeks to appeal the district court’s order

denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.

2000). 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. See United States v. Myers, Nos. CR-93-345;

CA-97-1950-4-12 (D.S.C. Jan. 27, 2000).* 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
EXHIBIT 32


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

     In connection with the Annual Report of Wayne Acquisition Corp.
(the "Company") on Form 10-KSB for the period ending December 31, 2003,
as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Gary Huang, President of Wayne Acquisition Corp.,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

     (1)   The Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934; and

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


Date:  March 19, 2004


/s/ Gary Huang
--------------------
Gary Huang, President
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

 

UNITED STATES OF AMERICA ) 

 ) 

 v. ) CASE NO.: 1:16-CR-31-TLS 

 ) 

DEAN ZIMMERMAN ) 

 

ORDER ACCEPTING FINDINGS AND RECOMMENDATION 

 This matter is before the Court on the Findings and Recommendation of the United States 

Magistrate Judge [ECF No. 52], filed on January 20, 2017. The Defendant has waived objection 

to the Findings and Recommendation, and the Court, being duly advised, adopts the Findings 

and Recommendation [ECF No. 52] in its entirety and accepts the recommended disposition. 

Subject to this Court’s consideration of the Plea Agreement pursuant to Federal Rule of Criminal 

Procedure 11(c), if applicable and necessary, the plea of guilty to the offense charged in Count 

One (1) of the Indictment is hereby accepted, and the Defendant is adjudged guilty of such 

offense. 

 The notice of sentencing and pre-sentence scheduling deadlines will be issued by separate 

order.

SO ORDERED on February 6, 2017. 

s/ Theresa L. Springmann 

CHIEF JUDGE THERESA L. SPRINGMANN 

UNITED STATES DISTRICT COURT
Not For Publication in West's Federal Reporter

United States Court of Appeals

For the First Circuit

No. 10-1747

UNITED STATES OF AMERICA,

Appellee,

v.

PATRICK McKEEN,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Joseph A. DiClerico, Jr., U.S. District Judge]

Before

Torruella, Selya and Lipez,

Circuit Judges.

Mark E. Howard and Howard & Ruoff, PLLC on brief for

appellant.

Seth R. Aframe, Assistant United States Attorney, and Michael

J. Gunnison, Attorney (acting under authority conferred by 28

U.S.C. § 515), on brief for appellee.

May 11, 2011
-2-

Per Curiam. This is a single-issue sentencing appeal.

Viewing the record as a whole, we conclude that the district court

could supportably find — as it did — that the prosecutor's decision

not to move for an additional reduction in the defendant's offense

level for timely acceptance of responsibility, see USSG §3E1.1(b),

was neither irrational nor motivated by an unconstitutional reason.

The decision was, therefore, within the prosecutor's wide

discretion, see, e.g., United States v. Beatty, 538 F.3d 8, 15 (1st

Cir. 2008), and the district court did not err in refusing to

compel the prosecutor to make such a motion.

We need go no further. On this basis, we summarily

affirm the defendant's sentence. See 1st Cir. R. 27.0(c).

Affirmed.
H. R. 1972

One Hundred Ninth Congress

of the

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the fourth day of January, two thousand and five 

An Act 

To direct the Secretary of the Interior to conduct a special resource study to 

determine the suitability and feasibility of including in the National Park System 

certain sites in Williamson County, Tennessee, relating to the Battle of Franklin.

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 ‘‘Franklin National Battlefield 

Study Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(2) STUDY AREA.—The term ‘‘study area’’ means the cities 

of Brentwood, Franklin, Triune, Thompson’s Station, and 

Spring Hill, Tennessee. 

SEC. 3. SPECIAL RESOURCE STUDY. 

(a) IN GENERAL.—The Secretary shall conduct a special resource 

study of sites in the study area relating to the Battle of Franklin 

to determine—

(1) the national significance of the sites; and 

(2) the suitability and feasibility of including the sites 

in the National Park System. 

(b) REQUIREMENTS.—The study conducted under subsection (a) 

shall include the analysis and recommendations of the Secretary 

on—

(1) the effect on the study area of including the sites 

in the National Park System; and 

(2) whether the sites could be included in an existing 

unit of the National Park System or other federally designated 

unit in the State of Tennessee. 

(c) CONSULTATION.—In conducting the study under subsection 

(a), the Secretary shall consult with—

(1) appropriate Federal agencies and State and local 

government entities; and 

(2) interested groups and organizations. 

(d) APPLICABLE LAW.—The study required under subsection 

(a) shall be conducted in accordance with Public Law 91–383 (16 

U.S.C. 1a–1 et seq.). 

SEC. 4. REPORT. 

Not later than 3 years after the date funds are made available 

for the study, the Secretary shall submit to the Committee on 
H. R. 1972—2

Resources of the House of Representatives and the Committee on 

Energy and Natural Resources of the Senate a report that 

describes—

(1) the findings of the study; and 

(2) any conclusions and recommendations of the Secretary. 

SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 

necessary to carry out this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
<TABLE> <S> <C>




<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
COMPAQ COMPUTER CORPORATION'S CONSOLIDATED BALANCE SHEET AND CONSOLIDATED
STATEMENT OF INCOME FOR THE PERIOD ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                                    9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           4,840
<SECURITIES>                                     1,118
<RECEIVABLES>                                    2,888
<ALLOWANCES>                                         0
<INVENTORY>                                      2,007
<CURRENT-ASSETS>                                11,906
<PP&E>                                           1,819
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  14,343
<CURRENT-LIABILITIES>                            5,440
<BONDS>                                             76
<COMMON>                                         1,875
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                       6,706
<TOTAL-LIABILITY-AND-EQUITY>                    14,343
<SALES>                                         17,261
<TOTAL-REVENUES>                                17,261
<CGS>                                           12,530
<TOTAL-COSTS>                                   12,530
<OTHER-EXPENSES>                                   852<F1>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 114
<INCOME-PRETAX>                                  1,805
<INCOME-TAX>                                       617
<INCOME-CONTINUING>                              1,188
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,188
<EPS-PRIMARY>                                     1.53
<EPS-DILUTED>                                     1.50
<FN>
<F1> Includes research and development costs, purchased in-process
technology, and merger related costs.
</FN>
        







</TABLE>
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk March 9, 2011

d0302 

# Order

March 9, 2011

141622

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 141622 COA: 286104 Wayne CC: 07-014314-FH CHRISTOPHER SEIBA, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the April 29, 2010 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

M ARILYN 

### K ELLY 

### , J., would grant leave to appeal.
I 

109TH CONGRESS 

1ST SESSION H. R. 2202

To amend the Internal Revenue Code of 1986 to increase the base and 

adjusted base amounts used for purposes of determining the amount 

of Social Security benefits excluded from gross income. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2005

Mr. RYUN of Kansas (for himself, Mr. KUHL of New York, Mr. MILLER of 

Florida, and Mrs. JO ANN DAVIS of Virginia) introduced the following 

bill; which was referred to the Committee on Ways and Means 

A BILL

To amend the Internal Revenue Code of 1986 to increase 

the base and adjusted base amounts used for purposes 

of determining the amount of Social Security benefits 

excluded from gross income.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Social Security Bene5 fits Tax Fairness Act of 2005’’. 
2

•HR 2202 IH 

1 SEC. 2. INCREASE IN BASE AND ADJUSTED BASE AMOUNTS 

2 OF SOCIAL SECURITY BENEFITS. 

3 (a) BASE AMOUNT.—Paragraph (1) of section 86(c) 

4 of the Internal Revenue Code of 1986 (relating to base 

5 amount) is amended—

6 (1) in subparagraph (A) by striking ‘‘$25,000’’ 

7 and inserting ‘‘$29,000’’, and 

8 (2) in subparagraph (B) by striking ‘‘$32,000’’ 

9 and inserting ‘‘$36,000’’. 

10 (b) ADJUSTED BASE AMOUNT.—Paragraph (2) of 

11 such Code (relating to adjusted base amount) is amend12 ed—

13 (1) in subparagraph (A) by striking ‘‘$34,000’’ 

14 and inserting ‘‘$38,000’’, and 

15 (2) in subparagraph (B) by striking ‘‘$44,000’’ 

16 and inserting ‘‘$48,000’’. 

17 (c) INFLATION ADJUSTMENT.—Subsection (c) of sec18 tion 86 of such Code (relating to base amount and ad19 justed base amount) is amended by adding at the end 

20 thereof the following new paragraph: 

21 ‘‘(3) INFLATION ADJUSTMENT.—In the case of 

22 any taxable year beginning in a calendar year after 

23 2005, each dollar amount contained in paragraphs 

24 (1) and (2) shall be increased by an amount equal 

25 to—

26 ‘‘(A) such dollar amount, multiplied by 
3

•HR 2202 IH 

1 ‘‘(B) the cost-of-living adjustment deter2 mined under section 1(f)(3) for the calendar 

3 year in which the taxable year begins, by sub4 stituting ‘calendar year 2004’ for ‘calendar year 

5 1992’ in subparagraph (B) thereof. 

6 If any increase determined under the preceding sen7 tence is not a multiple of $50, such increase shall 

8 be rounded to the next lowest multiple of $50.’’. 

9 (d) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to taxable years beginning after 

11 December 31, 2004.

Æ
---

March 30, 2012

VIA EDGAR

United States Securities and Exchange Commission

|Re: | Northern Dynasty Minerals Ltd. (the "Company")
|--- | ----------------------------------------------
|    |                                               
|    | Annual Report on Form 40-F                    
|    |                                               
|    | Consent of Expert                             

This letter is provided in connection with the Company's Form
40-F annual report for the year ended December 31, 2011, (the Annual Report)
to be filed by the Company with the United States Securities and Exchange
Commission (the SEC).

I, Aleksandar Zivkovic, P.Eng , hereby consent to the use of my
name in connection with reference to my involvement in the preparation of the
following technical report (the "Technical Report"):

- Preliminary Assessment of the Pebble Project, Southwest Alaska dated
  February 17, 2011

and to references to the Technical Report, or portions thereof,
in the Annual Report and to the inclusion and incorporation by reference of the
information derived from the Technical Reports in the Annual Report.

Yours truly,

|                          
|--------------------------
|Aleksandar Zivkovic, P.Eng

---
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

BENJAMIN JAMES PATTERSON,

A/K/A BENJAMIN JAMES TALTON,

A/K/A BENJAMIN J. TALTON,

Appellant,

v.

THE STATE OF TEXAS,

Appellee. §

§

§

§

§

§ No. 08

- 13

- 00111

- CR

Appeal from the

355th District Court

of Hood County, Texas

(TC# CR12031)

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the

judgment. We therefore affirm the judgment of the court below. This decision shall be certified

below for observance.

IT IS SO ORDERED THIS 14TH DAY OF JANUARY, 2015.

YVONNE T. RODRIGUEZ, Justice

Befo re McClure, C.J., Rivera, and Rodriguez, JJ.

Rivera, J., not participating
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) No. 1:16-cr-00038-TLS-SLC

)

MICHAEL HOWARD )

FINDINGS AND RECOMMENDATION

OF THE MAGISTRATE JUDGE

UPON A PLEA OF GUILTY

TO: THE HONORABLE THERESA L. SPRINGMANN, CHIEF 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 January 4, 2018, 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 offense charged in Count 2 of the two-count 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 Chief 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 5th day of January 2018.

/s/ Susan Collins

Susan Collins

United States Magistrate Judge

2
I 

109TH CONGRESS 

1ST SESSION H. R. 2377 

To reduce temporarily the duty on certain automotive catalytic converter 

mats. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2005 

Mr. KLINE (for himself, Mr. BOUSTANY, and Mr. SOUDER) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To reduce temporarily the duty on certain automotive 

catalytic converter mats. 

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

3 SECTION 1. CERTAIN AUTOMOTIVE CATALYTIC CON4 VERTER MATS. 

5 (a) IN GENERAL.—Subchapter II of chapter 99 of 

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 
2 

•HR 2377 IH 

‘‘ 9902.68.01 Automotive catalytic converter insulation and mounting mats made from high 

alumina ceramic fibers produced by a sol-gel manufacturing process (provided for 

in subheading 6806.10.00) .. 1.5% No change No change On or before 

12/31/2009 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of the enactment of this Act. 

Æ
# ROA

# Pre-Tax ROA

# ROE

# Pre-Tax ROE

# Long Term Assets

# Yield on Earning Assets

# Cost of Funding Earning Assets

# NIM

# Efficiency

# Provision to Net Op Rev

# Net Charge Off Rate

# Noncurrent

# Nonperforming

# Reserves to Loans

# Coverage

# Unprofitable

# Leverage

# CRE to Assets

# Deposits to Assets

# Noninterest Income to Assets

# Noninteret Expense to Assets

# Earnings Growers

# Assets Per Employee

# Loans to Assets

# Noncurrent to Capital&Reserves

# Tier1RBCRatio

# TotalRBCRatio

# Risk-weighted Assets to Assets

# Net Operating Rev to Assets

# Cash Flow

# Reserves to Risk-weighted Asset

# Net Charge Off Coverage

# Loan Share

# DATA
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**815 TP 14-00108**  PRESENT: CENTRA, J.P., FAHEY, CARNI, LINDLEY, AND VALENTINO, JJ.

IN THE MATTER OF JERRY GARRETT, PETITIONER,

V ORDER

ANTHONY ANNUCCI, ACTING 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 (PETER H. SCHIFF 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 [Michael M. Mohun, A.J.], entered January 15, 2014) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules.
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

Entered: July 3, 2014 Frances E. Cafarell Clerk of the Court
<PAGE>
                                                                      Exhibit 32

                        CERTIFICATION OF PERIODIC REPORT

I, Louis E. Prezeau, the Chief Executive Officer and President of City National
Bancshares Corporation (the "Company"), certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1)  the Quarterly Report on Form 10-Q of the Company for the quarter ended June
     30, 2005 (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: July 22, 2005


                                        /s/ Louis E. Prezeau
                                        ----------------------------------------
                                        Louis E. Prezeau
                                        Chief Executive Officer and President

                        CERTIFICATION OF PERIODIC REPORT

I, Edward R. Wright, the Chief Financial Officer and Senior Vice President of
City National Bancshares Corporation (the "Company"), certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1)  the Quarterly Report on Form 10-Q of the Company for the quarter ended June
     30, 2005 (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: July 22, 2005


                                        /s/ Edward R. Wright
                                        ----------------------------------------
                                        Edward R. Wright
                                        Chief Financial Officer
                                        and Senior Vice President