alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and col lateral estoppel. This court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate recor d, this three-judge panel has determined unanimously that oral argumentwould not be of material assistance in the determination of this appeal. Se e Fed. R. App. P. 34(a); 10th Cir. R. 34.1 (G). The cause is therefore ordered s ubmitted without oral argument. 

## F I L E D United States Court of Appeals Tenth Circuit 

### MAY 18 1999 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT
JOHNSON WISDOM, Petitioner - Appellant, vs. RON WARD; THE ATTORNEY GENERAL OF THE STATE OF OKLAHOMA, Respondents - Appellees. No. 98-7114 (D.C. No. CIV-97-527-P) (E.D. Okla.)

ORDER AND JUDGMENT *

Before ANDERSON , KELLY , and BRISCOE , Circuit Judges. **
Mr. Wisdom seeks to appeal from the district court’ s dismissal of his petition for a writ of habeas corpus filed pursuantto 28 U.S.C. § 2254. Mr. Wisdom was convicted in state court of first degree murder, and on direct appeal challenged the use of a videotaped statement in his trial on the basis that he did- 2 -

not voluntarily, knowingly, and intelligently waive his constitutional rights. The Oklahoma Court of Criminal Appeals affirmed his con viction, finding that [t]he totality of the circumstances surrounding the taking of [Mr. Wisdom’s] statement, including the characteristics of the accused and the details of the interrogation, support a finding that [Mr. Wisdom] knowingly and voluntarily relinquished his Mirandarights and that he did not make his statement pursuant to trickery or under coercive circumstances. Wisdom v. State , 918 P.2d 384, 392 (Okla. Crim. App. 1996). Mr. Wisdom raised the same arguments in his federal habeas petition. The district court denied Mr. Wisdom’s request for an e videntiary hearing, finding that disputed factual issues could be resolved by a review of the record. The court then held that Mr. Wisdom failed to show that the trial court’s decision to admit the videotape into evidence violated clearly established federal law or that it was based on an unreasonable determination of fa ctual issues. After a careful reading of the briefs and record, we agree that Mr. Wisdom has not shown by clear and convincing evidence that the trial court’ s finding that he was not tricked or coerced into making his statement was incorrect, see 28 U.S.C. § 2254(e)(1); nor has he shown that the trial court’s finding that he knowingly and voluntarily waived his Mirandarights was contrary to federal law. See id. § 2254(d)(1). Accordingly, because Mr. Wisdom has failed to make “a substantial showing of a denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), we DENY his application for a certificate of appealability and DISMISS his appeal.- 3 - Entered for the Court Paul J. Kelly, Jr. Circuit Judge
U.S. Department o

United 

Coast 

Homeland 

Guard 

States 

Security �­ Commandant 

United States Coast Guard 

COMMANDANT INSTRUCTION 7310.1 T 

Subj: REIMBURSABLE STANDARD RATES 

US Coast Guard Stop 7618 

2703 Martin Luther King Jr Ave SE 

Washington, DC 20593-7618 

Staff Symbol: CG-833 

Phone: (202) 372-3573 

Fax: (202) 372-8403 

COMDTINST 7310.1 T

29 November 2018 

Ref: (a) Federal Accounting Standards Advisory Board, Statement of Federal Financial 

Accounting Standards No. 4, Managerial Cost Accounting Standards and Concepts 

(b) Office of Management and Budget, Circular A-25 (Revised)

(c) 31 U.S.C. 1535, Economy Act

(d) 14 U.S.C. 141, Cooperation with Other Agencies, States, Territories, and Political

Subdivisions

(e) 14 U.S.C. 151, Contracts with Government-Owned Establishments for Work Material

(Project Order Authority)

(f) Financial Resource Management Manual (FRMM), COMDTINST M7100.3 (series)

1. PURPOSE. This Instruction communicates adjustments in the cost of operating Coast Guard

assets and non-:-asset missions. It consolidates hourly program costs for: CG mission assets,

personnel, ATON, pollution clean-up, vehicles, outpatient visits, canine and dive teams, and

deployable C5I equipment. It assigns responsibility and delegates authority to Commandant

(CG-83) for the publishing and updating of personnel rates. This Instruction must be used

when computing reimbursable charges in accordance with References (a) and (b).

2. ACTION. All Coast Guard unit commanders, commanding officers, officers-in-charge,

deputy/assistant commandants, and office chiefs of headquarters staff elements must comply

with the provisions of this Instruction. Internet release is authorized.

3. DIRECTIVES AFFECTED. This Instruction cancels Reimbursable Standard Rates,

COMDTINST 7310.1 S. New rates will take effect 30 days after this Instruction has been

signed.

A 

B 

C 

D 

E 

F 

G 

H 

DISTRIBUTION - SOL No. 168 

a b C d e f g 

X X X X X X 

X X X X X X X 

X X X X 

X 

NON-STANDARD DISTRIBUTION: 

h 

X 

i j k I m n 0 p q r s 

X X X X X X X X 

X X X X 

X X 

t u V w 

X 

X 

X 

X y 

X 

X 

z 

X
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

# AGENCY:

Department of Energy.

# ACTION:

Designation of Performance Review Board Standing Register.

# SUMMARY:

This notice provides the Performance Review Board Standing Register for the Department of Energy. This listing supersedes all previously published lists of PRB members.

# DATES:

This appointment is effective as of September 9, 2021.

Anderson, Sonja

                        Black, Steven                              ( print page 51880)    

Boston, Robert

Debeauclair, Geoffrey

Flohr, Connie

Isom, Pamela

Johnson Jr., Thomas

Kim, Dong

Klausing, Kathleen

Konieczny, Katherine

Kremer, Kevin

Lee, Terri

Marlay, Robert

Monroe, Lewis

Nicoll, Eric

O'Konski, Peter

Rodgers, Jami

Satyapal, Sunita

West, William

## Signing Authority

                    This document of the Department of Energy was signed on September 9, 2021, by Farhana Hossain, Acting Director for Office of Corporate Executive Management, Office of the Chief Human Capital Officer, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE  Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the                     **Federal Register**                    .                

Signed in Washington, DC, on September 14, 2021.

Treena V. Garrett,

Federal Register Liaison Officer, U.S. Department of Energy.

[FR Doc. 2021-20116 Filed 9-16-21; 8:45 am]

BILLING CODE 6450-01-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

# TIME AND DATE:

2:00 p.m. on Thursday, September 23, 2021.

# PLACE:

The meeting will be held via remote means and/or at the Commission's headquarters, 100 F Street NE, Washington, DC 20549.

# STATUS:

This meeting will be closed to the public.

# MATTERS TO BE CONSIDERED:

Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters also may be present.

                        In the event that the time, date, or location of this meeting changes, an announcement of the change, along with the new time, date, and/or place of the meeting will be posted on the Commission's website at                         *https://www.sec.gov.*

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting.

The subject matter of the closed meeting will consist of the following topics:

Institution and settlement of injunctive actions;

Institution and settlement of administrative proceedings;

Resolution of litigation claims; and

Other matters relating to examinations and enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting agenda items that may consist of adjudicatory, examination, litigation, or regulatory matters.

# CONTACT PERSON FOR MORE INFORMATION:

For further information; please contact Vanessa A. Countryman from the Office of the Secretary at (202) 551-5400.

Dated: September 16, 2021.

Jill M. Peterson, 

Assistant Secretary.

[FR Doc. 2021-20402 Filed 9-16-21; 4:15 pm]

BILLING CODE 8011-01-P
1.
    
    I have reviewed this Quarterly Report on Form 10-Q of Intevac, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
    /s/ JEFFREY ANDRESONJeffrey AndresonVice President, Finance and Administration,
Chief Financial Officer, Treasurer and Secretary
I 

114TH CONGRESS 

1ST SESSION H. R. 2507 

To amend title XVIII of the Social Security Act to establish an annual 

rulemaking schedule for payment rates under Medicare Advantage. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2015 

Mr. BRADY of Texas (for himself, Mr. PITTS, and Mr. THOMPSON of California) introduced the following bill; which was referred to the Committee 

on Ways and Means, and in addition to the Committee on Energy and 

Commerce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to establish 

an annual rulemaking schedule for payment rates under 

Medicare Advantage. 

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 ‘‘Increasing Regulatory 

5 Fairness Act of 2015’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 2507 IH

1 SEC. 2. ESTABLISHING AN ANNUAL RULEMAKING SCHED2 ULE FOR PAYMENT RATES UNDER MEDICARE 

3 ADVANTAGE. 

4 Section 1853(b) of the Social Security Act (42 U.S.C. 

5 1395w–23(b)) is amended— 

6 (1) in the subsection heading, by inserting ‘‘, 

7 ANNUAL RULEMAKING SCHEDULE FOR PAYMENT

8 RATES FOR 2017 AND SUBSEQUENT YEARS’’ after 

9 ‘‘RATES’’; 

10 (2) in paragraph (1)— 

11 (A) in subparagraph (B)— 

12 (i) in the subparagraph heading, by 

13 inserting ‘‘BEFORE 2017’’ after ‘‘YEARS’’; 

14 and 

15 (ii) in the matter preceding clause (i), 

16 by inserting ‘‘and before 2017’’ after 

17 ‘‘2005’’; and 

18 (B) by adding at the end the following new 

19 subparagraph: 

20 ‘‘(C) ANNUAL RULEMAKING SCHEDULE

21 FOR PAYMENT RATES FOR 2017 AND SUBSE22 QUENT YEARS.—For 2017 and each subsequent 

23 year, before April 1 of the preceding year, the 

24 Secretary shall, by regulation and in accordance 

25 with the notice and public comment periods reVerDate Sep 11 2014 03:54 May 28, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2507.IH H2507

SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 2507 IH

1 quired under paragraph (2) for such a year, an2 nually determine and announce the following: 

3 ‘‘(i) The annual MA capitation rate 

4 for each MA payment area for such year. 

5 ‘‘(ii) The risk and other factors to be 

6 used in adjusting such rates under sub7 section (a)(1)(A) for payments for months 

8 in such year. 

9 ‘‘(iii) With respect to each MA region 

10 and each MA regional plan for which a bid 

11 was submitted under section 1854, the MA 

12 region-specific non-drug monthly bench13 mark amount for that region for the year 

14 involved.’’; and 

15 (3) in paragraph (2)— 

16 (A) by inserting ‘‘(or, for 2017 and each 

17 subsequent year, at least 60 days)’’ after ‘‘45 

18 days’’; and 

19 (B) by inserting ‘‘(for 2017 and each sub20 sequent year, of no less than 30 days)’’ after 

21 ‘‘opportunity’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JUAN BARRIGA-CABRERA,

 Defendant - Appellant.

No. 09-10298

D.C. No. 5:08-cr-00843-JF

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Jeremy D. Fogel, District Judge, Presiding

Submitted July 19, 2010** 

Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges. 

Juan Barriga-Cabrera appeals from the below the Guidelines, 60-month

sentence, imposed following his conviction for illegal reentry, in violation of 8

U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

FILED

AUG 02 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-10298

Barriga-Cabrera contends that the district court procedurally erred by failing

to calculate the applicable advisory Guidelines range. He also contends that the

district court erred in failing to adequately address his argument that the 16-point

enhancement under U.S.S.G. § 2L1.2(b)(1)(a) lacks any considered rationale or

empirical basis. The record reflects that the district court provided a reasoned

sentencing explanation and did not otherwise procedurally err. See United States v.

Carty, 520 F.3d 984, 991-95 (9th Cir. 2008) (en banc); see also United States v.

Amezcua-Vasquez, 567 F.3d 1050, 1053-54 (9th Cir. 2009). 

AFFIRMED.
Exhibit 23.1CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMWe consent to the incorporation by reference in the following Registration Statements:(1) Form S-8 No. 333-121551 pertaining to the First Acceptance Corporation Employee Stock PurchasePlan(2) Form S-8 No. 333-115601 pertaining to the First Acceptance Corporation 2002 Long Term IncentivePlan(3) Form S-8 No. 333-102210 pertaining to the Liberte Investors, Inc. 2002 Long Term Incentive PlanOption Granted to Donald J. Edwards Pursuant to his Employment Agreementof our reports dated September 11, 2006, with respect to the consolidated financial statements ofFirst Acceptance Corporation, First Acceptance Corporation management’s assessment of theeffectiveness of internal control over financial reporting, and the effectiveness of internalcontrol over financial reporting of First Acceptance Corporation included in the Annual Report(Form 10-K) for the year ended June 30, 2006./s/ Ernst & Young LLPNashville, Tennessee
UNITED STATES OF AMERICA

U,S. DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

UNITED STATES COAST GUARD

Complainant

VS

ISIAH TERRY LEE MONTOYA

Respondent

Docket Number 2021-0166

Enforcement Activity No. 7 657 7 48

CONSENT ORDER APPROVING SETTLEMENT AGREE]IIENT

On May 2, 2023, the partics in this case submitted a Motion for Approval of a Settlement

Agreement and Entry ofConsent Ordcr to be approved as a settlement ofthe case under 33

c.F.R. S 20.502.

I have carefully rcviewed the terms of the Settlcment Agrcement and find that it is fair

and reasonable and in substantial compliance with the requirements of33 C.F.R. S 20.502.

ORDER

Upon consideralion of record, it is hereby ORDERED that the Settlement Agreement is

APPROVED in full and incorporated herein by refercnce. This Consent Order shall constitutc

full, final, and complete adjudication of this procecding.

Done and dated this 23rd day ofJune 2023, at

Galveston, Texas

HON. TOMMY B. CANTRELL

ADMINISTRATIVE LAW JUDGE

LINITED STATES COAST GUARD

1
EXHIBIT 32



Certification



Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of FiberNet Telecom Group, Inc., (the
Company), does hereby certify, to such officers knowledge, that:



The Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2004 (the Form 10-Q) of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the
information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                         |  |                        
|------------------------ |  | -----------------------
|Dated: November 10, 2004 |  | /s/ Michael S. Liss    
|                         |  | Chief Executive Officer
|                         | 
|Dated: November 10, 2004 |  | /s/ Jon A. DeLuca      
|                         |  | Chief Financial Officer



A signed original of this written
statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 99.1 
 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 of Timebeat.com Enterprises Inc. (the Company) on Form 10-QSB for the period ending December 31, 2002, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Alexander Vileshin, Chief Executive Officer of the Company, 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./s/ Alexander VileshinAlexander Vileshin,Chief Executive Officer
EXHIBIT 31.2

CERTIFICATION

I, Charles S. Wiesenhart Jr., certify that:

1. I have reviewed this quarterly report on Form 10-Q of FiberNet Telecom Group, Inc.;

2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;

3. Based on my knowledge, the condensed consolidated financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash
flows of the registrant as of, and for, the periods presented in this quarterly report;

4. The registrants other certifying officer and I are
responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:

a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;

b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures, as
of the end of the period covered by this report based on such evaluation; and

c) disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting,
to the registrants registered public accounting firm and the audit committee of the registrants board of directors (or persons performing the equivalent functions):

a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record,
process, summarize and report financial information; and

b) any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.

Date: August 14, 2006



|                             
|-----------------------------
|/s/ Charles S. Wiesenhart Jr.
|Charles S. Wiesenhart Jr.    
|Vice President and           
|Chief Accounting Officer     
|(Principal Financial Officer)