alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50879 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus KEITH BRYANT WEBB, Defendant-Appellant.

--------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-96-CV-121

--------------------- December 1, 1998 Before KING, BARKSDALE, and STEWART, Circuit Judges PER CURIAM: * Keith Bryant Webb, a federal inmate (# 19665-080), appeals the district court’s denial of his third motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. Webb argues that the district court erred in denying his motion based on a finding that he abused the § 2255 procedure under Rule 9(b) of the Rules Governing Section 2255 Proceedings.No. 97-50879 - 2 - Webb has failed to show cause for his failure to raise in his previous § 2255 motions his claims that the federal trial court lacked jurisdiction over him, nor has he shown that a fundamental miscarriage of justice will result if his claims are not entertained. See United States v. Flores , 993 F.2d 231, 234 (5th Cir. 1993); Saahir v. Collins , 956 F.2d 115, 120 (5th Cir. 1992) (§ 2254 case). The district court did not abuse its discretion in dismissing the § 2255 motion under Rule 9(b). See Saahir , 956 F.2d at 120. Webb’s “Petition in Response to the Lower Court Missing Initial Arraignment Transcript and Seal Court Order” is DENIED. AFFIRMED.
# L_2009260EN.01000101.xml

| 3.10.2009 | EN | Official Journal of the European Union | L 260/1 |
| --- | --- | --- | --- |

3.10.2009

EN

Official Journal of the European Union

L 260/1

---

COMMISSION REGULATION (EC) No 920/2009

of 2 October 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 3 October 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 October 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MK | 29,4 |
| ZZ | 29,4 |
| 0707 00 05 | TR | 127,2 |
| ZZ | 127,2 |
| 0709 90 70 | TR | 110,1 |
| ZZ | 110,1 |
| 0805 50 10 | AR | 81,0 |
| CL | 103,4 |
| TR | 91,1 |
| UY | 88,0 |
| ZA | 72,9 |
| ZZ | 87,3 |
| 0806 10 10 | BR | 235,1 |
| EG | 159,5 |
| TR | 100,6 |
| US | 152,0 |
| ZZ | 161,8 |
| 0808 10 80 | CL | 85,7 |
| NZ | 67,8 |
| US | 83,8 |
| ZA | 71,0 |
| ZZ | 77,1 |
| 0808 20 50 | AR | 82,8 |
| CN | 33,7 |
| TR | 95,7 |
| ZA | 76,1 |
| ZZ | 72,1 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

29,4

ZZ

29,4

0707 00 05

TR

127,2

ZZ

127,2

0709 90 70

TR

110,1

ZZ

110,1

0805 50 10

AR

81,0

CL

103,4

TR

91,1

UY

88,0

ZA

72,9

ZZ

87,3

0806 10 10

BR

235,1

EG

159,5

TR

100,6

US

152,0

ZZ

161,8

0808 10 80

CL

85,7

NZ

67,8

US

83,8

ZA

71,0

ZZ

77,1

0808 20 50

AR

82,8

CN

33,7

TR

95,7

ZA

76,1

ZZ

72,1

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---
CONSENT OF AMEC AMERICAS LIMITED





Reference is made to the Annual Report on Form 40-F for the year ended December 31, 2003 (the Annual Report) of Cumberland Resources Ltd. (the Company), filed with the U.S. Securities and Exchange Commission.



We hereby consent to the references to our name under the heading Meadowbank Property, Nunavut in the Companys Annual Information Form and to all other references to our name included or incorporated by reference in the Annual Report, and we further consent to the reliance in the Annual Report on our independent technical report dated January 29, 2004 entitled Meadowbank Resource Estimate, Nunavut, Canada which the Company used, or directly quoted from, in preparing summaries concerning the Meadowbank Property, which appear in such Annual Report.



AMEC Americas Limited



By:   /s/ Stephen Juras

Chief Geologist





May 6, 2004
#### Jeffrey S. GUNDERSEN, Appellant, v. W.I. LeBLANC, Warden, FMC-Rochester, Appellee.

No. 06-2722.

United States Court of Appeals, Eighth Circuit.

Submitted: July 17, 2007.

Filed: July 20, 2007.

Jeffrey S. Gundersen, Lompoc, CA, pro se.

Tricia A. Tingle, U.S. Attorney’s Office, Minneapolis, MN, for Appellee.

Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.

PER CURIAM.

Federal inmate Jeffrey Gundersen appeals the district court’s1 order dismissing his 28 U.S.C. § 2241 petition. Having carefully reviewed the record, we agree with the district court that the record did not support a due process violation arising from the disciplinary proceedings at issue. *See Superintendent v. Hill,*472 U.S. 445, 454-57, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985) (describing process required when prison disciplinary hearing may result in loss of good-conduct time); *Hill v. Morrison,*349 F.3d 1089, 1091 (8th Cir.2003) (de novo standard of review for dismissal of § 2241 petition).

Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Raymond L. Erickson, United States Magistrate Judge for the District of Minnesota.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

October 17, 2019

a1010 

# Order

Clerk October 17, 2019

159604

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 159604

COA: 347660

St. Clair CC: 17

- 002201

- FC

JOSEPH WILLIAM JUSTICE,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the April 5, 2019 order

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded

that the questions presented should be reviewed by this Court.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10-Q FOR THE QUARTER ENDED MARCH 31, 2000, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS AND FOOTNOTES.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                           6,375
<SECURITIES>                                     6,963
<RECEIVABLES>                                    7,023
<ALLOWANCES>                                         0
<INVENTORY>                                      2,478
<CURRENT-ASSETS>                                23,399
<PP&E>                                           2,320
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  26,211
<CURRENT-LIABILITIES>                            8,586
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        26,110
<OTHER-SE>                                     (8,485)
<TOTAL-LIABILITY-AND-EQUITY>                    26,211
<SALES>                                          7,969
<TOTAL-REVENUES>                                 7,969
<CGS>                                            2,186
<TOTAL-COSTS>                                    7,573
<OTHER-EXPENSES>                                 (182)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (1,608)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,608)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,608)
<EPS-BASIC>                                      (.23)
<EPS-DILUTED>                                    (.23)


</TABLE>
I 

114TH CONGRESS 

1ST SESSION H. R. 1909 

To require the Secretary of Veterans Affairs to use existing authorities 

to furnish health care at non-Department of Veterans Affairs facilities 

to veterans who live more than 40 miles driving distance from the 

closest medical facility of the Department that furnishes the care sought 

by the veteran. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2015 

Mr. CULBERSON (for himself, Mr. HENSARLING, Mr. HUELSKAMP, Mr. 

THORNBERRY, and Mr. FARENTHOLD) introduced the following bill; 

which was referred to the Committee on Veterans’ Affairs 

A BILL 

To require the Secretary of Veterans Affairs to use existing 

authorities to furnish health care at non-Department of 

Veterans Affairs facilities to veterans who live more than 

40 miles driving distance from the closest medical facility 

of the Department that furnishes the care sought by 

the veteran. 

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


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 1909 IH

1 SECTION 1. USE OF EXISTING DEPARTMENT OF VETERANS 

2 AFFAIRS AUTHORITIES TO FURNISH HEALTH 

3 CARE TO CERTAIN VETERANS WHO HAVE GE4 OGRAPHIC INACCESSIBILITY TO CARE. 

5 (a) IN GENERAL.—The Secretary of Veterans Affairs 

6 shall use the authorities specified in subsection (b) to fur7 nish hospital care and medical services at non-Department 

8 of Veterans Affairs facilities to veterans who reside more 

9 than 40 miles driving distance from the closest medical 

10 facility of the Department to the residence of the veteran 

11 that furnishes the hospital care or medical services that 

12 are sought by the veteran, including a community-based 

13 outpatient clinic. 

14 (b) AUTHORITIES.—The authorities specified in this 

15 subsection are the following: 

16 (1) Section 1703 of title 38, United States 

17 Code, relating to contracts for the furnishing of hos18 pital care and medical services through non-Depart19 ment facilities. 

20 (2) Section 101 of the Veterans Access, Choice, 

21 and Accountability Act of 2014 (Public Law 113– 

22 146; 128 Stat. 175), relating to the furnishing of 

23 hospital care and medical services to veterans 

24 through non-Department entities if the veteran is 

25 unable to schedule an appointment for the receipt of 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 1909 IH

1 such care or services within the wait-time goals of 

2 the Veterans Health Administration. 

3 (3) Any other authority under the laws admin4 istered by the Secretary relating to the furnishing of 

5 hospital care and medical services at non-Depart6 ment facilities. 

7 (c) HOSPITAL CARE AND MEDICAL SERVICES.—In 

8 this section, the terms ‘‘hospital care’’ and ‘‘medical serv9 ices’’ have the meanings given such terms in section 1701 

10 of title 38, United States Code. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
---

Exhibit 32.01





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 AllianceBernstein Holding L.P. (the
“Company”) on Form 10-K for the period ending December 31, 2009 to be filed with
the Securities and Exchange Commission on or about February 11, 2010 (the
“Report”), I, Peter S. Kraus, Chief Executive Officer of the Company, certify,
for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the
Securities Exchange Act of 1934 (the “Exchange Act”) and 18 U.S.C. § 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 Exchange Act; 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:   February
      11, 2010
            /s/ Peter S. KrausPeter
      S. KrausChief
      Executive OfficerAllianceBernstein
      Holding L.P.
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

MEDFORD DIVISION 

TAYLOR JUDD, 

Plaintiff, Civ. No. 1:15-cv-00137-AA 

v. 

GARY C. GUNDERSON; SHEILA 

R. GUNDERSON, 

Defendants. 

AIKEN, District Judge. 

JUDGMENT 

For the reasons set forth in my accompanying Order, this case is DISMISSED with 

prejudice. 

IT IS SO ORDERED. 

ANNAIKEN 

United States District Judge 

Page 1 - JUDGMENT 

Case 1:15-cv-00137-AA Document 21 Filed 08/03/16 Page 1 of 1
#### Water Resources Commission *v.*Connecticut Sand and Stone Corporation

(No. 7681)

*Robert L. Hirtle,*for the defendant (appellant).

No appearance for the plaintiff (appellee).

Argued May 6

decided May 6, 1975

It appearing that the defendant in the above-entitled case has failed to prosecute its appeal from the Superior Court in Hartford County with proper diligence, it is, under Practice Book § 696, ordered by the Supreme Court, suo motu, that the appeal be and hereby is dismissed unless the defendant files its brief on or before June 4, 1975.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6581

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROBERT WILSON ODOM, Defendant - Appellant.Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge. (CR-97-180-11) Submitted: July 13, 2000 Decided: July 24, 2000 Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Wilson Odom, Appellant Pro Se. Robert Jack Higdon, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North 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 April 3, 2000, the district court’s records show that it was entered on the docket sheet on April 4, 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:Robert Wilson Odom appeals from the district court’s order denying his motions: (1) to dismiss the indictment as defective; (2) for discovery and sentencing transcripts; and (3) for an emergency hearing. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we dismiss the appeal on the reasoning of the district court. See United States v. Odom, No. CR-97-181-11 (W.D.N.C. Apr. 4, 2000). * We deny the motion for a certificate of appealability and 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
# L_2009125EN.01005601.xml

| 21.5.2009 | EN | Official Journal of the European Union | L 125/56 |
| --- | --- | --- | --- |

21.5.2009

EN

Official Journal of the European Union

L 125/56

---

COMMISSION REGULATION (EC) No 417/2009

of 20 May 2009

entering a designation in the register of protected designations of origin and protected geographical indications (Mariánskolázeňské oplatky (PGI))

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular Article 7(4) thereof,

Whereas:

| (1) | In accordance with Article 6(2) of Regulation (EC) No 510/2006, and pursuant to Article 17(2) of the same Regulation, the Czech Republic’s application to enter the designation ‘Mariánskolázeňské oplatky’ in the register was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

In accordance with Article 6(2) of Regulation (EC) No 510/2006, and pursuant to Article 17(2) of the same Regulation, the Czech Republic’s application to enter the designation ‘Mariánskolázeňské oplatky’ in the register was published in the Official Journal of the European Union (2).

| (2) | Germany has stated its objection to this registration in accordance with Article 7(3)(a) and (d) of Regulation (EC) No 510/2006. |
| --- | --- |

(2)

Germany has stated its objection to this registration in accordance with Article 7(3)(a) and (d) of Regulation (EC) No 510/2006.

| (3) | By way of a letter dated 5 March 2008 the Commission invited the interested parties to hold appropriate consultations with each other. Although no agreement was reached between the Czech Republic and Germany within a time frame of six months, Germany withdrew its objection on 12 March 2009. |
| --- | --- |

(3)

By way of a letter dated 5 March 2008 the Commission invited the interested parties to hold appropriate consultations with each other. Although no agreement was reached between the Czech Republic and Germany within a time frame of six months, Germany withdrew its objection on 12 March 2009.

| (4) | Accordingly this name should be entered into the register, |
| --- | --- |

(4)

Accordingly this name should be entered into the register,

HAS ADOPTED THIS REGULATION:

Article 1

The designation contained in the Annex to this Regulation shall be entered in the register.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 May 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 107, 11.5.2007, p. 28.

2

---

ANNEX

Foodstuffs listed in Annex I to Regulation (EC) No 510/2006:

Class 2.4.   Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

CZECH REPUBLIC

Mariánskolázeňské oplatky (PGI)

---
Exhibit 99.1





Liquid Audio, Inc.


Certification Pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002


(18 U.S.C. Section 1350)





Pursuant to the requirements of Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Sections 1350(a) and (b)), the undersigned hereby certifies as follows:





|1. |  | Gerald W. Kearby is the Chief Executive Officer of Liquid Audio, Inc. (the Company).
|-- |  | --------------------------------------------------------------------------------------




|2. |  | To the best of my knowledge:
|-- |  | ----------------------------




| | (A) |  | The Companys annual report on Form 10-K accompanying this Certification, in the form filed with the Securities and Exchange Commission (the
Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 (the Exchange Act); and
| | --- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------




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




Dated: September 9, 2002








/s/    GERALD W. KEARBY Gerald W. Kearby Chief Executive Officer, President and Director
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



Each undersigned
officer certifies to the best of his knowledge based on a review of the annual report on Form 10-K for the period ended June 30,
2014 of Tumbleweed Holdings, Inc. (the “Report”):



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

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

Date: October 13, 2014



By: /s/
Skuli Thorvaldsson

Skuli Thorvaldsson

Interim Chief Financial
Officer

(Principal Financial Officer)