alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

The Honorable Charles R. Wolle, Chief Judge, United States District Court for

the Southern District of Iowa.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-1684

___________

David Hill, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Southern District of Iowa

John Ault, *

* [UNPUBLISHED]

Appellee. *

___________

 Submitted: March 17, 1999

 Filed: May 17, 1999

___________

Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.

___________

PER CURIAM.

David Hill appeals from the final judgment entered in the District Court1

 for the

Southern District of Iowa denying and dismissing his 28 U.S.C. § 2254 habeas petition.

For reversal, Hill argues his state firearm conviction under Iowa Code § 724.26 (1991)

was unlawful because his counsel on direct appeal rendered ineffective assistance.

Specifically, Hill argues appellate counsel failed to challenge the trial court’s ruling that

evidence indicating Hill was misled about the collateral consequences of an earlier
-2-

conviction--a guilty plea which served as the predicate felony for his firearm

conviction--was inadmissible. For the reasons discussed below, we affirm the

judgment of the district court.

In the context of federal statutes prohibiting felons from possessing firearms, a

collateral attack on the predicate felony conviction as constitutionally invalid is no

defense. See Lewis v. United States, 445 U.S. 55, 56, 60-65 (1980); United States v.

Elliott, 128 F.3d 671, 672 (8th Cir. 1997) (per curiam). We conclude any

misapprehension on Hill’s part about the collateral consequences of his predicate

conviction would be relevant only in the context of an attack on the validity of that

predicate conviction, and not in the context of an attack on his conviction under Iowa

Code § 724.26. See Saadiq v. State, 387 N.W.2d 315, 323 (Iowa), appeal dismissed,

479 U.S. 878 (1986). Accordingly, we agree with the district court that Hill did not

establish he was entitled to relief under section 2254 based on his appellate counsel’s

alleged deficient performance. See Strickland v. Washington, 466 U.S. 668, 690-91

(1984). The judgment of the district court is affirmed.

A true copy.

Attest:

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

Calendar No. 389

105TH CONGRESS

2D SESSION S. 2126

To amend section 502B of the Foreign Assistance Act of 1961 to require

information on foreign government officials responsible for egregious

offenses against human rights in the annual reports on the human

rights practices of countries receiving United States security assistance.

IN THE SENATE OF THE UNITED STATES

MAY 27, 1998

Mr. HELMS, from the Committee on Foreign Relations, reported, under authority of the order of the Senate on May 22, 1998, the following original

bill; which was read twice and placed on the calendar

A BILL

To amend section 502B of the Foreign Assistance Act of

1961 to require information on foreign government officials responsible for egregious offenses against human

rights in the annual reports on the human rights practices of countries receiving United States security assistance.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 2126 PCS

1 SECTION 1. ANNUAL REPORTS ON FOREIGN GOVERNMENT

2 OFFICIALS RESPONSIBLE FOR EGREGIOUS

3 OFFENSES AGAINST HUMAN RIGHTS.

4 Section 502B of the Foreign Assistance Act of 1961

5 (22 U.S.C. 2304) is amended by adding at the end the

6 following:

7 ‘‘(h)(1) If the Secretary of State considers it appro8 priate in order to advance United States human rights pol9 icy, the Secretary may include with each report under sub10 section (b) the following information for each country pro11 posed as a recipient of security assistance:

12 ‘‘(A) The name of each government official, if

13 any, of such country determined to have personal or

14 policy-making responsibility for egregious violations

15 of internationally recognized human rights.

16 ‘‘(B) The name of each official, if any, of the

17 government of such country who is currently under

18 indictment or otherwise wanted by an international

19 war crimes tribunal.

20 ‘‘(2) The Secretary shall prepare information for pur21 poses of paragraph (1) with the assistance of the Assistant

22 Secretary of State for Democracy, Human Rights, and

23 Labor.’’.

Calendar No. 389

105TH CONGRESS

2D SESSION S. 2126

A BILL

To amend section 502B of the Foreign Assistance

receiving United States security assistance.ports on the human rights practices of countriesfenses against human rights in the annual regovernment officials responsible for egregious ofAct of 1961 to require information on foreign

MAY 27, 1998

May 22, 1998; read twice and placed on the calendar

Reported under authority of the order of the Senate of
1 – OPINION AND ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PENDLETON DIVISION

JONATHON CLARKE,

No. 2:15-cv-01271-SU

Plaintiff, 

OPINION AND ORDER

v. 

ALJEX SOFTWARE INC., 

 Defendant.

MOSMAN, J., 

On December 1, 2015, Magistrate Judge Patricia Sullivan issued her Findings and 

Recommendation (F&R) [24], recommending that Defendant’s Motion to Dismiss for Failure to 

State a Claim, Motion to Dismiss for Lack of Jurisdiction, and Motion to Transfer Venue to New 

Jersey [14] should be DENIED. Judge Sullivan also recommended that Plaintiff’s Motion to 

Transfer Venue to Idaho [12] should be GRANTED. No objections to the Findings and 

Recommendation were filed. I agree with Judge Sullivan’s recommendation and I ADOPT the 

F&R [24] as my own opinion. While not specifically addressed in the F&R, I also conclude that 

Defendant’s first Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of 

Jurisdiction, and Motion to Transfer Venue [9] is DENIED. 

DISCUSSION

The magistrate judge makes only recommendations to the court, to which any party may 

file written objections. The court is not bound by the recommendations of the magistrate judge, 

Case 2:15-cv-01271-SU Document 26 Filed 12/21/15 Page 1 of 2
2 – OPINION AND ORDER

but retains responsibility for making the final determination. The court is generally required to 

make a de novo determination regarding those portions of the report or specified findings or 

recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court 

is not required to review, de novo or under any other standard, the factual or legal conclusions of 

the magistrate judge as to those portions of the F&R to which no objections are addressed. See 

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 

(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R 

depends on whether or not objections have been filed, in either case, I am free to accept, reject, 

or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C). 

Upon review, I agree with Judge Sullivan’s recommendation, and I ADOPT the F&R 

[24] as my own opinion. I also conclude that Defendant’s first Motion to Dismiss for Lack of 

Jurisdiction and Motion to Transfer Venue [9] is DENIED. 

IT IS SO ORDERED.

DATED this 21st day of December, 2015. 

/s/ Michael W. Mosman ___ 

MICHAEL W. MOSMAN

United States District Judge

Case 2:15-cv-01271-SU Document 26 Filed 12/21/15 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET OF REGENT ASSISTED LIVING, INC. AS OF MARCH
31, 1999, AND THE RELATED STATEMENT OF OPERATIONS FOR THE THREE MONTHS IN THE
PERIOD ENDED MARCH 31, 1999, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                           <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                       4,202,438
<SECURITIES>                                         0
<RECEIVABLES>                                  610,828
<ALLOWANCES>                                    37,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                             7,346,765
<PP&E>                                      49,119,530
<DEPRECIATION>                               1,660,235
<TOTAL-ASSETS>                              60,865,063
<CURRENT-LIABILITIES>                        5,960,095
<BONDS>                                     44,188,849
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  9,349,841
<COMMON>                                    10,808,703
<OTHER-SE>                                (18,054,414)
<TOTAL-LIABILITY-AND-EQUITY>                60,865,063
<SALES>                                     11,846,037
<TOTAL-REVENUES>                            11,926,576
<CGS>                                        8,586,461
<TOTAL-COSTS>                               13,394,500
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             524,606
<INCOME-PRETAX>                            (2,000,995)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,000,995)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,000,995)
<EPS-PRIMARY>                                    (.46)
<EPS-DILUTED>                                    (.46)
        

</TABLE>
II

105TH CONGRESS

2D SESSION S. 2013

To amend title XIX of the Social Security Act to permit children covered

under private health insurance under a State children’s health insurance

plan to continue to be eligible for benefits under the vaccine for children

program.

IN THE SENATE OF THE UNITED STATES

APRIL 30, 1998

Mrs. FEINSTEIN introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To amend title XIX of the Social Security Act to permit

children covered under private health insurance under

a State children’s health insurance plan to continue to

be eligible for benefits under the vaccine for children

program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 2013 IS

1 SECTION 1. PERMIT CHILDREN COVERED UNDER PRIVATE

2 HEALTH INSURANCE UNDER A STATE CHILD

3 HEALTH PLAN TO CONTINUE TO BE ELIGIBLE

4 FOR BENEFITS UNDER THE VACCINE FOR

5 CHILDREN PROGRAM.

6 (a) IN GENERAL.—Section 1928(b)(2)(A)(ii) of the

7 Social Security Act (42 U.S.C. 1396s(b)(2)(A)(ii)) is

8 amended by inserting ‘‘, except that for purposes of this

9 paragraph a child who is only insured under title XXI

10 shall be considered as being not insured’’ after ‘‘not in11 sured’’.

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

13 subsection (a) shall take effect as if included in the enact14 ment of the Balanced Budget Act of 1997.

Æ
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Exhibit 32.1

CERTIFICATION PURSUANT TO

18 USC 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 Medallion Financial Corp. (the Company) for the quarter ending June 30, 2013 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, pursuant to 18
USC Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:

(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 as of the dates and for the periods expressed in the Report.



|                     |  |                        
|-------------------- |  | -----------------------
|By:                  |  | /s/ Alvin Murstein     
|                     |  | Chairman and           
|                     |  | Chief Executive Officer
|                    
|Date: August 7, 2013
#### BALMFORD, Respondent, v. GRAND LODGE OF ANCIENT ORDER OF UNITED WORKMEN OF STATE OF NEW YORK, Appellant.

(City Court of New York, General Term.

October 30, 1896.)

Action by Thomas Balmford, as temporary administrator of Alfred Fogarty, deceased, against the Grand Lodge of the Ancient Order of United Workmen of the State of New York.

J. B. Brevoort, for appellant.

J. B. Hands, for respondent.

FITZSIMONS, J.

The plaintiff was not required to prove the death of Fogarty’s father and mother before his death, or any other allegation contained in paragraph 4 of the complaint, because of defendant’s answer. Besides, at folio 291 it appears from the statement of defendant’s counsel that the only defense herein was that the fund sued for herein was payable directly to those entitled to it, and not to plaintiff, as administrator, or that it reverted to the defendant because of the failure of plaintiff’s testator to designate a beneficiary. This defense is without merit, in our opinion, and a complete answer was made to it by the trial justice in his opinion filed upon the denial of the motion mide by defendant for a new trial herein; and for the reason therein assigned we think that this judgment should be affirmed, with costs, and it is so ordered. All concur. See -37 N. Y. .Supp. 645.
**Exhibit
      32.1**





Written
      Statement of the Chief Executive Officer Pursuant to 18 U.S.C. Section 1350





Pursuant
      to 18 U.S.C. Section 1350, the undersigned officer of Traffix, Inc.
      ("Registrant"), hereby certifies that the Registrant’s Quarterly Report on Form
      10-Q for the three months ended August 31, 2006 (the "Report") fully complies
      with the requirements of Section 13(a) or 15(d), as applicable, of the
      Securities Exchange Act of 1934 and that the information contained in the Report
      fairly presents, in all material respects, the financial condition and results
      of operations of the Registrant.


/s/
              Jeffrey L. SchwartzJEFFREY
              L. SCHWARTZChairman
              and Chief Executive Officer
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 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
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                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


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### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 21 - 0344
IN RE THE MATTER OF THE ESTATE OF JAMES A. KILEY, DECEASED. ORDER OF MEDIATOR APPOINTMENT
This appeal being subject to M.R.App.P. 7, and the parti es having failed to j oint ly and timely select a mediator under M.R.App.P., 7(4),(c), IT IS ORDERED THAT **Dean D. Chisholm,** whose name appears next on the list of attorneys desiring appo int me nt a s med iators for Money J udgments appeals which is maintained pursuant to M.R.App.P., 7(4)(e), is hereby appo int ed to co nduct th e mediat io n process required by M.R.App.P., 7(5), and IT IS FURTHER ORDERED th at th e time peri ods set fo rth in M.R.App.P., 7(5)(d) shall run from the date of this order of appoint me nt . A true copy

of this order is being ma iled to counsel of record f or the parti es, or to th e parties individually if not represented by counsel, on the date hereof. DATED thi s August 4, 2021.

Bowen Greenwood , Cl erk of the Supreme Court c: Kr ist in L. Omvig, Alexander Amsler, Paul A. Sandry, Dean D. Chisho lm 08/04/2021
Case Number: DA 21-0344
# C_2006158EN.01001201.xml

| 7.7.2006 | EN | Official Journal of the European Union | C 158/12 |
| --- | --- | --- | --- |

7.7.2006

EN

Official Journal of the European Union

C 158/12

---

Corrigendum to Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections

(
  Official Journal of the European Union C 144 of 20 June 2006
  )

(
  Official Journal of the European Union C 144 of 20 June 2006

(2006/C 158/07)

On page 4, Aid No N 407/05:

for:

‘Date of adoption of the decision: 24.3.2006’,

read:

‘Date of adoption of the decision: 4.4.2006’.

---
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 USC 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 Medallion Financial Corp. (the Company) for the quarter ending March 31, 2015 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, pursuant to 18
USC Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:

(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 as of the dates and for the periods expressed in the Report.



|    |  |                                     
|--- |  | ------------------------------------
|By: |  | /s/ Alvin Murstein                  
|    |  | Chairman and Chief
Executive Officer

Date: May 7, 2015
Exhibit 24

                                POWER OF ATTORNEY


         KNOW ALL PERSONS BY THESE PRESENTS that each person whose signature
appears below hereby constitutes and appoints Manuel A. Villafana and John H.
Jungbauer, and each of them, his attorney-in-fact, with full power of
substitution, for the purpose of signing on his behalf, in any and all
capacities, the Annual Report on Form 10-K of ATS Medical, Inc. pursuant to
Section 13 of the Securities and Exchange Act of 1934, as amended, for the
fiscal year ended December 31, 1996 (the "10-K Report") and of signing any and
all amendments to the 10-K Report and to deliver the 10-K Report and any and all
amendments thereto as each thereof is so signed for filing with the Securities
and Exchange Commission.


/s/ Manuel A. Villafana                             Dated:  March 20, 1997
-----------------------------------                         --------------
Manuel A. Villafana


/s/ Richard W. Kramp                                Dated:  March 20, 1997
----------------------------------                          --------------
Richard W. Kramp


/s/ John H. Jungbauer                               Dated:  March 20, 1997
----------------------------------                          --------------
John H. Jungbauer


/s/ Charles F. Cuddihy, Jr.                         Dated:  March 20, 1997
----------------------------------                          --------------
Charles F. Cuddihy, Jr.


/s/ James F. Lyons                                  Dated:  March 20, 1997
----------------------------------                          --------------
James F. Lyons


/s/ A. Jay Graf                                     Dated:  March 20, 1997
----------------------------------                          --------------
A. Jay Graf
#### MATHESON et al. v. SMITH.

(Supreme Court, General Term, Second Department.

December 2, 1895.)

Action by Adam S. Matheson and R. 0. Neal, as receivers of the American Iron & Tube Company, against Alonzo E. Smith.

No opinion. Order affirmed, with costs. All concur.