alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21
- 2129

DERRICK ALLEN , Plaintiff

- Appellant ,

v. ESTHER BENNETT; T. CALDWELL, Chief of Police; T. A. BYRD, Assistant Chief of Police; R. B. ALDRIDGE, Patrolman; DURHAM COUNTY SHERIFF DEPARTMENT; THE CITY OF MEBANE , Defendants

- Appellees

.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro

. Thomas D. Schroeder, Chief District Judge. ( 1:20

- cv - 00184

- TDS

- LPA )

Submitted : February 17 , 2022 Decided: February 22, 2022
Before AGEE and RUSHING, Circuit Judges, and SHEDD, Senior Circuit Judge

.
Affirmed by un published per curiam opinion

.
Derrick Michael Allen, Sr. , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-2129 Doc: 6 Filed: 02/22/2022 Pg: 1 of 22 PER CURIAM: Derrick Allen appeals the district court’s order dismissing his 42 U.S.C. § 1983 complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that relief be denied and advised Allen that failure to file timely , specific objections to this recommendation could waive appellate review of a district court order based upon the re commendation. The timely filing of specific objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. Martin v . Duffy , 858 F.3d 239, 245 (4th Cir. 2017); Wright v. Collins , 766 F.2d 841, 846

- 47 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 , 154

- 55 (1985). Although Allen received proper notice and filed timely objections to the magistrate judge’s recommendation, he has waived appellate review because the objections were not specific to the particularized legal recommendations made by the magistrate judge. See Martin , 858 F.3d at 245 (holding that, “to preserve for appeal an issue in a magistrate judge’s report, a party must object to the finding or recommendation on that issue with sufficient specificity so as reasonably to alert the district court of the true ground for the objection” (internal quotation marks omitted)). Accordingly, we affirm the judgment of the district court

. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED USCA4 Appeal: 21-2129 Doc: 6 Filed: 02/22/2022 Pg: 2 of 2
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[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Notices]
[Page 48232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18506]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Biomedical Imaging and Bioengineering; 
Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of a meeting of the National Institute 
of Biomedical Imaging and Bioengineering Special Emphasis Panel.
    The meetings will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Biomedical Imaging and 
Bioengineering Special Emphasis Panel; Team-Based Design in 
Biomedical Engineering Education (R25) Review SEP.
    Date: September 23, 2021.
    Time: 09:00 a.m. to 2:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Democracy II, 6707 
Democracy Blvd., Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: Ruixia Zhou, Ph.D., Scientific Review Officer, 
National Institute of Biomedical Imaging and Bioengineering, 
National Institutes of Health, 6707 Democracy Blvd., Suite 957, 
Bethesda, MD 20892, (301) 496-4773, <a href="/cdn-cgi/l/email-protection#057f6d6a70774568646c692b6b6c6d2b626a73"><span class="__cf_email__" data-cfemail="97edfff8e2e5d7faf6fefbb9f9feffb9f0f8e1">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, 
National Institute of Biomedical Imaging and Bioengineering, 
National Institutes of Health, HHS)

    Dated: August 23, 2021.
David W Freeman,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2021-18506 Filed 8-26-21; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
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





I, Richard L. Bergmark, Chief Financial Officer of Core Laboratories N.V. (the "Company"), hereby certify that the accompanying report on Form 10-Q for the quarter ended September 30, 2010, filed by the Company with the Securities and Exchange Commission on the date hereof fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, (the "Report").





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








Date: October 25, 2010
/s/ Richard L. BergmarkName: Richard L. BergmarkTitle: Chief Financial Officer
Exhibit 32.8


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


     The  undersigned  hereby  certify,  pursuant to 18 U.S.C.  Section 1350, as
adopted pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002, that, to the
undersigned's  best knowledge and belief, the Annual Report on Form 10-K for the
Geodyne Energy Income Limited  Partnership II-H ("Issuer") for the period ending
December 31, 2005 as filed with the  Securities  and Exchange  Commission on the
date hereof (the "Report"):

      (a)   fully complies with the requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and

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

      Dated this 29th day of March, 2006.

                                   GEODYNE ENERGY INCOME LIMITED
                                   PARTNERSHIP II-H
                                   ("Issuer")

                                    //s// Dennis R. Neill
                                    -----------------------------------
                                    Dennis R. Neill
                                    President (Chief Executive Officer)

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Accounting Officer
                                    (Chief Financial Officer)
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Henry E Winters    Biological Science Technician (Insects)   /ARSUserFiles/6159/Henry.jpg
 Contact Information USDA-ARS Southern Insect Management Research Unit141 Experiment Station RoadP.O. Box 346Stoneville, MS 38776 Ph: (662) 686-5270Fax: (662) 686-5421
 Technical Responsibilities: Henry operates and maintains steam jacket kettle so insect diets are properly sterilized. Henry also programs, monitors, and maintains enviromental chambers throughout the research test period. He collects data on schedule and records accurately. He maintains supplies of sanitized rearing containers and inventory of insect diet supplies.


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#### The People of the State of New York, Respondent, v Nicholas A. Ture, Appellant.

[941 NYS2d 530]

Lahtinen, J.

Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered June 17, 2010, convicting defendant upon his plea of guilty of the crimes of attempted murder in the second degree, assault in the first degree, assault in the second degree and criminal possession of a weapon in the fourth degree.

Defendant was arrested after repeatedly stabbing his mother, who was seriously injured but survived the attack. He was indicted for attempted murder in the second degree, assault in *1164the first degree, assault in the second degree and criminal possession of a weapon in the fourth degree. Although initial competency examinations reported that he was not competent, subsequent competency examinations resulted in two psychiatrists concluding that he was competent. A competency hearing was scheduled but, on the day of the hearing, defendant conceded.his capacity to stand trial. Thereafter, defendant entered an *Alford*plea to all four counts and waived his right to appeal in exchange for an aggregate term of 15 years in prison together with postrelease supervision. County Court sentenced defendant consistent with the plea deal. Defendant appeals contending that County Court should not have accepted his *Alford*plea.

“An *Alford*plea may only be allowed when it is the product of a voluntary and rational choice and there is strong evidence of defendant’s guilt before the court” *(People v Washington,*51 AD3d 1223, 1223-1224 [2008] [citations omitted]; *see People v Hill,*16 NY3d 811, 814 [2011]; *Matter of Silmon v Travis,*95 NY2d 470, 475 [2000]). Defendant asserts that there is no strong evidence of his guilt since there is proof indicating that he may have not been responsible by reason of mental disease. However, “[b]y not moving to withdraw his plea or vacate the judgment of conviction, defendant did not preserve his argument! ] . . . that his *Alford*plea was not supported by sufficient record proof’ *(People v Morelli,*46 AD3d 1215, 1216 [2007], *lv denied*10 NY3d 814 [2008] [citations omitted]; *see People v Bates,*83 AD3d 1110, 1112 [2011]). In any event, the record reveals that County Court conducted a thorough plea allocution, defendant indicated that he understood and agreed to the sentence, the evidence that he committed the acts was compelling, and the proof regarding his mental capacity does not establish that he was incompetent*(see generally People v Bates,*83 AD3d at 1112-1113; *People v Mears,*16 AD3d 917, 918 [2005]; *People v Crandall,*272 AD2d 717, 717-718 [2000]).

Mercure, A.P.J., Spain, Stein and McCarthy, JJ., concur. Ordered that the judgment is affirmed.
* 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 18, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50941

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SERGIO NEGRETE-ALBA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-03-CR-833-ALL-DB

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

Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

 Sergio Negrete-Alba appeals the sentence imposed following

his guilty plea conviction of being found in the United States

after deportation/removal in violation of 8 U.S.C. § 1326. 

Negrete-Alba contends that 8 U.S.C. § 1326(a) and 8 U.S.C.

§ 1326(b) define separate offenses. He argues that the prior

conviction that resulted in his increased sentence is an element

of a separate offense under 8 U.S.C. § 1326(b) that should have

been alleged in his indictment. Negrete-Alba maintains that he
No. 03-50941

-2-

pleaded guilty to an indictment which charged only simple reentry

under 8 U.S.C. § 1326(a). He argues that his sentence exceeds

the two-year maximum term of imprisonment which may be imposed

for that offense.

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Negrete-Alba acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1948 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1948

To suspend temporarily the duty on a certain drug substance used as an 
                          HIV antiviral drug.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 3, 1998

 Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To suspend temporarily the duty on a certain drug substance used as an 
                          HIV antiviral drug.

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

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``    9902.33.03    9-[(R)-2-(Phos-                                                                             
                     phononmethoxy)-                                                                            
                     propyl]adenine                                                                             
                     (CAS No. 147127-                                                                           
                     20-6) (provided                                                                            
                     for in                                                                                     
                     subheading                                                                                 
                     2933.59.59)....  Free              No change         No change         On or before 12/    
                                                                                             31/1999            
                                                                                                              ''

    (b) Effective Date.--The amendment made by this section applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of enactment of 
this Act.
                                 <all>
```
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1990 Referred in House (RFH)]

  2d Session
                                S. 1990

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 21, 1998

                 Referred to the Committee on Resources

_______________________________________________________________________

                                 AN ACT

 
  To authorize expansion of Fort Davis National Historic Site in Fort 
                             Davis, Texas.

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

SECTION 1. EXPANSION OF FORT DAVIS NATIONAL HISTORIC SITE, FORT DAVIS, 
              TEXAS.

    The first section of the Act entitled ``An Act authorizing the 
establishment of a national historic site at Fort Davis, Jeff Davis 
County, Texas'', approved September 8, 1961 (75 Stat. 488; 16 U.S.C. 
461 note), is amended by striking ``not to exceed four hundred and 
sixty acres'' and inserting ``not to exceed 476 acres''.

            Passed the Senate October 2, 1998.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.
```
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