alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-7222
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DERRICK GRATE, Defendant - Appellant.Appeal from the United States District Court for the Eastern District of Virginia, at A lexandria. Leonie M. Brinkema, District Judge. (CR-93-161-A, CA-97-837-AM) Submitted: December 11, 1997 Decided: December 31, 1997 Before HALL and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Derrick Grate, Appellant Pro Se. John Patrick Rowley III, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997). We have reviewed the record and the district court's opinion andfind no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal. The district court did not err in concluding that Appellant's conduct amounted to "use" within the meaning of 18 U.S.C. § 924(c) (1994). See United States v. Smith , 508 U.S. 233 (1993). We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Exhibit 32.1





Certification of Periodic Financial Report


Pursuant to 18 U.S.C. Section 1350





Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned officers of RC2 Corporation (the "Company") certifies that the Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2009 fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 and information contained in that Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.




Dated:  July 28, 2009


/s/ Curtis W. Stoelting


Curtis W. Stoelting


Chief Executive Officer





Dated:  July 28, 2009


/s/ Peter A. Nicholson


Peter A. Nicholson


Chief Financial Officer
<TABLE> <S> <C>

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<S>                             <C>                     <C>
<PERIOD-TYPE>                   12-MOS                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1997             SEP-30-1996
<PERIOD-START>                             OCT-01-1996             OCT-01-1995
<PERIOD-END>                               SEP-30-1997             SEP-30-1996
<CASH>                                         940,716                 364,958
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  178,348                  68,276
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                             1,134,592                 435,230
<PP&E>                                       1,234,422               1,111,422
<DEPRECIATION>                               (341,683)               (172,481)
<TOTAL-ASSETS>                               2,027,331               1,374,171
<CURRENT-LIABILITIES>                          356,989                  98,011
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        35,900                  35,900
<OTHER-SE>                                   1,634,442               1,240,260
<TOTAL-LIABILITY-AND-EQUITY>                 2,027,331               1,374,171
<SALES>                                              0                       0
<TOTAL-REVENUES>                             1,993,745               1,498,934
<CGS>                                                0                       0
<TOTAL-COSTS>                                        0                       0
<OTHER-EXPENSES>                             1,308,324               1,100,972
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                685,421                 397,962
<INCOME-TAX>                                   291,239                  72,238
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   394,182                 325,724
<EPS-PRIMARY>                                      .11                     .09
<EPS-DILUTED>                                        0                       0
        

</TABLE>
Exhibit 32.3

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 on Form 10-Q of Thanksgiving Coffee Company, Inc. (the Company) for the quarter ended June 30, 2008 as filed
with the Securities and Exchange Commission on the date hereof (the Report), Sam Kraynek, the Chief Financial Officer of the Company hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that, to his knowledge:



| | (i) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; 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: August 14, 2008



/s/ Sam KraynekChief Financial Officer
#### UNITED STATES of America, Plaintiff-Appellee, v. Zeb Anthony HENSON, Defendant-Appellant.

No. 11-4345.

United States Court of Appeals, Fourth Circuit.

Submitted: Aug. 25, 2011.

Decided: Aug. 29, 2011.

Larry W. Shelton, Federal Public Defender, Christine Madeleine Lee, Research and Writing Attorney, Office of the Federal Public Defender, Roanoke, Virginia, for Appellant. Timothy J. Heaphy, United States Attorney, Jean B. Hudson, Assistant United States Attorney, Charlottes-ville, Virginia, for Appellee.

Before MOTZ, DUNCAN, and KEENAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Zeb Anthony Henson pled guilty to possession with intent to distribute of five grams or more of actual methamphetamine, 21 U.S.C. § 841(a)(1) (2006). He received a sentence of eighty-four months’ imprisonment. Henson appeals his sentence, contending that the district court *671abused its discretion when it denied his request for a downward departure under *U.S. Sentencing Guidelines Manual*§ 4A1.8 (2010), on the ground that his criminal history category substantially over-represented the seriousness of his criminal history. For the reasons explained below, we dismiss the appeal.

The district court has the discretion to depart downward “[i]f reliable information indicates that the defendant’s criminal history category substantial over-represents the seriousness of the defendant’s criminal history or the likelihood that the defendant will commit other crimes.” *U.S. Sentencing Guidelines Manual*§ 4A1.3(b)(l) (2010). However, “[w]e lack the authority to review a sentencing court’s denial of a downward departure unless the court failed to understand its authority to do so.” *United States v. Brewer,*520 F.3d 367, 371 (4th Cir.2008). Our review of the record discloses that the district court did not fail to recognize its authority to depart. Thus, Henson’s claim is not reviewable on appeal.

We therefore 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.*
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains financial information extracted from SEC filing Form 10-K
and is qualified in its entirety by reference to such financial statements.
</LEGEND>

<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                         $ 5,877
<SECURITIES>                                         0
<RECEIVABLES>                                   86,102
<ALLOWANCES>                                     2,440
<INVENTORY>                                      8,015
<CURRENT-ASSETS>                               111,010
<PP&E>                                         568,210
<DEPRECIATION>                                 226,420
<TOTAL-ASSETS>                                 875,660
<CURRENT-LIABILITIES>                           92,360
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           377
<OTHER-SE>                                     502,737
<TOTAL-LIABILITY-AND-EQUITY>                   875,666
<SALES>                                        624,233
<TOTAL-REVENUES>                               624,233
<CGS>                                                0
<TOTAL-COSTS>                                  538,998
<OTHER-EXPENSES>                                (6,001)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              13,321
<INCOME-PRETAX>                                 77,915
<INCOME-TAX>                                    33,422
<INCOME-CONTINUING>                             44,493
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    44,493
<EPS-PRIMARY>                                    $1.18
<EPS-DILUTED>                                    $1.18
        


</TABLE>
#### The People of the State of New York, Respondent, v Johnny Frank Huddleston, Appellant.

— Judgment unanimously affirmed. Memorandum: Defendant appeals his conviction of robbery, first and second degrees, criminal use of a firearm, first degree, and menacing, stemming from the robbery of a cab driver in Syracuse. Defendant argues that the improper admission of statements by his codefendant Parks, which we found deprived Parks of a fair trial *(People v Parks,*120 AD2d 920), also deprived him of a fair trial. Defendant’s *943argument is without merit. The statements by Parks, which concerned Parks’ location prior to the incident and the amount of money he was carrying, did not implicate defendant. There was no reasonable possibility that the improperly admitted evidence contributed to defendant’s conviction *(see, People v Crimmins,*36 NY2d 230, 237).

We have examined defendant’s remaining arguments on appeal and find them to be without merit. (Appeal from judgment of Supreme Court, Onondaga County, Gorman, J.— robbery, first degree, and other offenses.) Present — Dillon, P. J., Doerr, Green, Pine and Lawton, JJ.
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Exhibit 23.2



INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference in Registration Statement No.
333-42153 of Harvest States Cooperatives on Form S-8 of our reports dated July
24, 1998 on (i) the consolidated financial statements of Harvest States
Cooperatives; (ii) the financial statements of the Oilseed Processing and
Refining Defined Business Unit; and (iii) the financial statements of the Wheat
Milling Defined Business Unit, as of May 31, 1998 and for each of the two years
in the period ended May 31, 1998, appearing in this Annual Report on Form 10-K
of Cenex Harvest States Cooperatives for the year ended August 31, 1999.

Deloitte & Touche, LLP

Minneapolis, Minnesota
November 19, 1999
EXHIBIT 99.14

                           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  Premium  Enterprises,  Inc.  (the
"Company") on Form 10-KT for the period  ending  December 31, 2002 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report").  I,
Terry  Eilers,  President  and CEO of the company,  certify,  pursuant to 18 USC
Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002, that to the best of my knowledge and belief.

        (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.


                                         /s/ Terry Eilers
                                         --------------------------------
                                         Terry Eilers, President/CEO

Dated:  4/15/03
<TABLE> <S> <C>


<ARTICLE>                     5

<CIK>                         0001034237
<NAME>                        AeroCentury IV, Inc.
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. DOLLARS

<S>                                            <C>
<PERIOD-TYPE>                                  9-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   SEP-30-1999
<EXCHANGE-RATE>                                1
<CASH>                                           423,240
<SECURITIES>                                           0
<RECEIVABLES>                                    135,010
<ALLOWANCES>                                           0
<INVENTORY>                                            0
<CURRENT-ASSETS>                                 558,250
<PP&E>                                         4,273,470
<DEPRECIATION>                                   427,030
<TOTAL-ASSETS>                                 4,856,970
<CURRENT-LIABILITIES>                            251,560
<BONDS>                                        4,869,000
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                         243,420
<OTHER-SE>                                      (507,010)
<TOTAL-LIABILITY-AND-EQUITY>                   4,856,970
<SALES>                                                0
<TOTAL-REVENUES>                                 537,100
<CGS>                                                  0
<TOTAL-COSTS>                                          0
<OTHER-EXPENSES>                                 372,440
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                               365,180
<INCOME-PRETAX>                                 (200,520)
<INCOME-TAX>                                         800
<INCOME-CONTINUING>                             (201,320)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                    (201,320)
<EPS-BASIC>                                      (0.83)
<EPS-DILUTED>                                      (0.83)



</TABLE>
# C_2005310EN.01000201.xml

| 8.12.2005 | EN | Official Journal of the European Union | C 310/2 |
| --- | --- | --- | --- |

8.12.2005

EN

Official Journal of the European Union

C 310/2

---

Notification by the Kingdom of Norway concerning visa reciprocity (1)

1

(2005/C 310/02)

In accordance with Article 2 of Council Regulation (EC) No 851/2005 of 2 June 2005 amending Regulation (EC) No 539/2001, I wish to inform you that as of today nationals of the Kingdom of Norway are subject to a visa requirement in the following third countries listed in Annex II to Regulation (EC) No 539/2001:

| — | Australia |
| --- | --- |

—

Australia

| — | Brunei (visa required for stays exceeding 14 days) |
| --- | --- |

—

Brunei (visa required for stays exceeding 14 days)

| — | Panama (visa issued free of charge on arrival). |
| --- | --- |

—

Panama (visa issued free of charge on arrival).

---

(1)  This notification is published in conformity with Article 2 of Council Regulation (EC) No 851/2005 of 2 June 2005 (OJ L 141, 4.6.2005, p. 3) amending Regulation (EC) No 539/2001 of 15 March 2001 (OJ L 81, 21.3.2001, p. 1).

1

---
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                        Phone: (808) 932-2120
                        
                        
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