alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Transito VILLEGAS-VALDEZ, also known as Transito Villegas, also known as Transito Villegas Valdez, also known as Transito Valdez Villegas, also known as Victor Villegas, Defendant-Appellant.

No. 10-20596

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 21, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

John Moreno Parras, Houston, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.

PER CURIAM: *

Transito Villegas-Valdez pleaded guilty to being illegally present in the United States following deportation. The district court imposed a below-guidelines sentence of 51 months in prison, taking into account the time Villegas-Valdez had served in state custody. Villegas-Valdez appeals, *428contending that the lack of a fast-track disposition program in the Houston Division of the Southern District of Texas results in an unwarranted disparity between his sentence and the sentences of those convicted in divisions and districts having such programs. He maintains that such a disparity makes his sentence unreasonable. As he concedes, his argument is foreclosed by our decision in *United States v. Gomez-Herrera,*528 F.3d 554, 562-63 (5th Cir.2008), and he raises it only to preserve it for further review. Consequently, the judgment of the district court 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
#### The People of the State of New York, Respondent, v Eddie Matthews, Appellant.

— Judgment unanimously affirmed. Counsel’s application to withdraw granted *(see, People v Crawford,*71 AD2d 38). (Appeal from judgment of Onondaga County Court, Cunningham, J. — attempted criminal sale of controlled substance, fifth degree.) Present — Callahan, J. P., Denman, Boomer, Green and Balio, JJ.
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 Annual Report of Media and
Entertainment.com, Inc. (the "Company") on Form 10-KSB for
the period ended December 31, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the
"Report"), I, Benedict L. Paglia, Acting Chief Executive and
Financial Officer of the Company, certify, pursuant to 18
U.S.C.  1350, as adopted pursuant to  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.


Date: April 15, 2003         By:  /s/ Benedict L. Paglia
                                 --------------------------
                                   Benedict L. Paglia
                                   Acting Chief Executive
                                   and Financial Officer
|   | (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 result of operations of the Company. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

|                             |   |                                         |
|----------------------------------|--------|----------------------------------------------|
|                             |   |                                         |
| Dated:  April28, 2010  |   | /s/ Sean C. Cutting                          |
|                             |   | Sean C. Cutting                              |
|                             |   | Chief Executive Officer                      |
|                             |   | (Principal Executive Officer)                |
|                             |   |                                         |
|                             |   |                                         |
| Dated:  April 28, 2010 |   | /s/ Mary Dieter Smith                        |
|                             |   | Mary Dieter Smith,                           |
|                             |   | Chief Financial Officer                      |
|                             |   | (Principal Financial and Accounting Officer) |
#### James L. JEFFERSON, Plaintiff—Appellant, v. B. COOKE, Defendant—Appellee.

No. 10-15422.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 28, 2011.

James Leroy Jefferson, San Diego, CA, pro se.

David E. Brice, Office of the California Attorney General, Sacramento, CA, for Defendant-Appellee.

Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM ***

James L. Jefferson, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal for failure to exhaust, and for clear error its factual determinations. *Wyatt v. Terhune,*315 F.3d 1108, 1117 (9th Cir.2003). We affirm.

The district court properly dismissed Jefferson’s action because he failed to exhaust administrative remedies or demonstrate that he was excused from doing so. *See Woodford v. Ngo,*548 U.S. 81, 85, 93-95, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” is mandatory and requires adherence to administrative procedural rules).

The district court did not abuse its discretion by denying Jefferson’s requests for appointment of counsel because he failed to demonstrate extraordinary circumstances. *See Terrell v. Brewer,*935 F.2d 1015, 1017 (9th Cir.1991) (setting forth standard of review and requiring “exceptional circumstances” for the appointment of counsel).

Jefferson’s remaining contentions are unpersuasive.

*694Jefferson’s motion for appointment of counsel on appeal, attached to his Reply Brief, is denied.

AFFIRMED.

***

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Last revised (Transmittal 14-020) October 19, 2023

Guide to Judiciary Policy

Vol. 14: Procurement

Ch. 1: Overview

Appx. 1D: Contracting Officers' Certification Program – Level 1 

Purchase Card Program

(Note: The entire chart must be read to determine the authorities and limitations of 

Level 1.)

Training Required for Level 1 Certification – Judiciary Purchase Card Program Training ;

training must be completed every two years.

Contracting Officers' Certification Program – Level 1

Dollars Conditions

Up to $10,000 per 

purchase

open market (with or without competition) using the purchase card 

only

Types of Actions

Small Purchase

Purchase Orders

open market small purchases using the purchase card up to 

$10,000 per purchase;

no authority to sign purchase orders is delegated

Orders Under GSA 

Federal Supply 

Schedules or Contracts 

Awarded by Judiciary 

GSA Federal Supply Schedules: up to the GSA competition 

threshold, provided the terms of the contract allow orders using 

the Government purchase card. See: Guide, Vol 14, § 310.50.43 

(Required Ordering Procedures).

Judiciary-wide contracts or BPAs up to the specified maximum 

order limitation if:

(1) the contract and/or BPA doesn’t require competition; and

(2) the terms of the contract/BPA allow orders using the 

Government purchase card.

Commercial/ 

License/Special Use 

Agreements

not delegated

Competitive Open 

Market Contracts and 

Contract Modifications

not delegated
Guide to Judiciary Policy, Vol. 14, Appx. 1D Page 2

Contracting Officers' Certification Program – Level 1

Procurement Method

Other Than Full and 

Open Competition 

Procurement Actions 

(over $10,000)

not delegated

Competitive Lowest 

Price Technically 

Acceptable Open Market 

Procurements

up to $10,000: delegated

Best Value Competitive 

Procurements 

not delegated

Products/Services

Products delegated up to the authorized dollar limit of Level 1

Services delegated up to the authorized dollar limit of Level 1. Restrictions 

on the purchase of services using the purchase card are in the 

Judiciary Purchase Card Program Manual.

Experts and Consultants 

under 5 U.S.C. § 3109

not delegated

Space Alteration not delegated with the exception for those courts delegated real 

property operations and management authority (i.e., a GSA 

building delegation). Subject to additional restrictions provided in 

the Judiciary Purchase Card Program Manual.

Lease of Real Property not delegated

Architect/ Engineering 

Services

not delegated
Form 1 (12/17)

9

TABLE 3B – DIRECTOR’S BANKRUPTCY FORMS

FORM NO. FORM NAME

1040 Adversary Proceeding Cover Sheet 

1310 Exemplification Certificate 

1320 Application For Search of Bankruptcy Records 

1330 Claims Register 

2000 Required Lists, Schedules, Statements, and Fees 

2010 Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy 

2020 Statement of Military Service 

2030 Disclosure of Compensation of Attorney For Debtor 

2040 Notice of Need to File Proof of Claim Due to Recovery of Assets 

2050 Notice to Creditors and Other Parties in Interest 

2060 Certificate of Commencement of Case 

2070 Certificate of Retention of Debtor in Possesion 

2100A Transfer of Claim Other Than For Security 

2100B Notice of Transfer of Claim Other Than for Security 

2300A Order Confirming Chapter 12 Plan 
Form 1 (12/17)

10

2300B Order Confirming Chapter 13 Plan 

2310A Order Fixing Time to Object to Proposed Modfication of Confirmed Chapter 

12 Plan 

2310B Order Fixing Time to Object to Proposed Modification of Confirmed Chapter 

13 Plan 

2400A Reaffirmation Documents 

2400A/B ALT Reaffirmation Agreement 

2400B Motion For Approval of Reaffirmation Agreement 

2400C Order on Reaffirmation Agreement 

2400C ALT Order on Reaffirmation Agreement (Alt.) 

2500A Summons in an Adversary Proceeding 

2500B Summons and Notice of Pretrial Conference in an Adversary Proceeding 

2500C Summons and Notice of Trial in an Adversary Proceeding 

2500D Third-Party Summons 

2500E Summons to Debtor in Involuntary Case 

2500F Summons in a Chapter 15 Case Seeking Recognition of a Foreign Nonmain 

Proceeding 

2530 Order For Relief in an Involuntary Case 

2540 Subpoena For Rule 2004 Examination 
Form 1 (12/17)

11

2550 Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case (or 

Adversary Proceeding) 

2560 Subpoena to Testify at a Deposition in a Bankruptcy Case (or Adversary 

Proceeding) 

2570 Subpoena to Produce Documents, Information, or Objects or to Permit 

Inspection of Premises ina Bankruptcy Case (or Adversary Proceeding) 

2600 Entry of Default 

2610A Judgment by Default - Clerk 

2610B Judgment by Default - Judge 

2610C Judgment in an Adversary Proceeding 

2620 Notice of Entry of Judgment 

2630 Bill of Costs 

2640 Writ of Execution to the United State Marshal 

2650 Certification of Judgment for Registration in Another District 

2700 Notice of Filing of Final Report of Trustee 

2710 Final Decree 

2800 Disclosure of Compensation of Bankruptcy Petition Preparer 

2810 Appearance of Child Support Creditor or Representative 

2830 Chapter 13 Debtor's Certifications Regarding Domestic Support Obligations 

and Section 522(q) 
Form 1 (12/17)

12

3130S Order Conditionally Approving Disclosure Statement 

3150S Order Approving Disclosure Statement and Confirming Plan 

3180F Chapter 12 Discharge 

3180FH Chapter 12 Hardship Discharge 

3180RI Individual Chapter 11 Discharge 

3180W Chapter 13 Discharge 

3180WH Chapter 13 Hardship Discharge 

4011A General Power of Attorney 

4011B Special Power of Attorney 

4100N Notice of Final Cure Payment 

4100R Response to Notice of Final Cure Payment
Exhibit 24

POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS, that each of the undersigned directors of
NORTEL NETWORKS LIMITED (the Corporation), which is about to file with the Securities and Exchange Commission (the SEC), Washington, D.C. 20549, under the provisions of the Securities Exchange Act of 1934, as amended, an
Annual Report on Form 10-K (the Annual Report) for the fiscal year ended December 31, 2008, hereby constitutes and appoints Gordon A. Davies and Tracy S.J. Connelly McGilley his or her true and lawful attorneys-in-fact and
agents, and each of them, with full power to act without the other, for him or her and in his or her name, place and stead, in any and all capacities, to sign such Annual Report and any and all amendments thereto, and other documents related
thereto, with power where appropriate to affix the corporate seal of the Corporation thereto and to attest said seal and to file such Annual Report and amendments thereto, with all exhibits thereto, and any and all other information and documents in
connection therewith, with the SEC, hereby granting unto said attorneys-in-fact and agents, and each of them, full power and authority to do and perform any and all acts and things requisite and necessary to be done in and about the premises, as
fully as to all intents and purposes as he or she might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or any of them, may lawfully do or cause to be done by virtue hereof.

IN WITNESS WHEREOF, the undersigned have signed this Power of Attorney this
2ndday of March, 2009.





|                    |  |                      |  |                   
|------------------- |  | -------------------- |  | ------------------
|/s/ J. H. BENNETT   |  | /s/ M. BISCHOFF      |  | /s/ J.B. HUNT, JR.
|J.H. Bennett        |  | M. Bischoff          |  | J.B. Hunt, Jr.    
|                    |  |                     
|/s/ K.M. JOHNSON    |  | /s/ J.A. MACNAUGHTON |  | /s/ J.P. MANLEY   
|K.M. Johnson        |  | J.A. MacNaughton     |  | J.P. Manley       
|                    |  |                     
|/s/ R.D. MCCORMICK  |  | /s/ C. MONGEAU       |  | /s/ H.J. PEARCE   
|R.D. McCormick      |  | C. Mongeau           |  | H.J.Pearce        
|                    |  |                     
|/s/ M.S. ZAFIROVSKI |  |                      |  |                   
|M.S. Zafirovski     |  |                      |  |
Exhibit
      32.1




**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 Annual Report of China Natural Gas, Inc. (the "Company")
      on
      Form 10-KSB for the fiscal year ended December 31, 2006 as filed with the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Qinan
      Ji, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906
      of
      the Sarbanes-Oxley Act of 2002, that to 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.




/s/ Qinan
                JiQinan
                  Ji
                Principal
                  Executive Officer
                November
                  1, 2007
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. 1350

I, Brian T. McGee, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of
my knowledge, the Annual Report of Intellon Corporation on Form 10-K for the year ended December 31, 2008, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained
in the Annual Report on Form 10-K fairly presents, in all material respects, the financial condition and results of operations of Intellon Corporation.

Date: March 13, 2009

By:

/S/    BRIAN T.
MCGEEBrian T. McGeeSenior Vice President and Chief Financial Officer
#### In the Matter of Anthony P. Weech, Petitioner, v Walter Kelly, as Superintendent of Attica Correctional Facility, Respondent.

Determination unanimously modified on the law and as modified confirmed, in accordance with the following memorandum: The decision of the Hearing Officer that petitioner violated rule 106.10 of the regulations governing inmate behavior (7 NYCRR 270.1 [b] [7]) is not supported by substantial evidence and it must therefore be nullified and expunged from petitioner’s record. Respondents concede that petitioner’s failure to appear at his work program, without more, does not constitute failure to obey a direct order of facility personnel in violation of rule 106.10.

In all other respects, the decision of the Hearing Officer is supported by substantial evidence and should be confirmed *(see, People ex rel. Vega v Smith,*66 NY2d 130). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present—Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.
[Federal Register Volume 66, Number 80 (Wednesday, April 25, 2001)]
[Notices]
[Pages 20858-20859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10189]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Fiscal Year


Surety Companies Acceptable on Federal Bonds: Republic--Franklin 
Insurance Company

AGENCY: Financial Management Service, Fiscal Service, Department of the 
Treasury.

ACTION: Notice.

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

SUMMARY: This is Supplement No. 15 to the Treasury Department Circular 
570; 2000 Revision, published June 30, 2000, at 65 FR 40868.

FOR FURTHER INFORMATION CONTACT: Surety Bond Branch at (202) 874-6507.

SUPPLEMENTARY INFORMATION: A Certificate of Authority as an acceptable 
surety on Federal bonds is hereby issued to the following Company under 
31 U.S.C. 9304 to 9308. Federal bond-approving officers should annotate 
their reference copies of the Treasury Circular 570, 2000 Revision, on 
page 40897 to reflect this addition.
    Republic--Franklin Insurance Company. Business Address: P.O. Box 
530, Utica, NY 13503-0530. Phone: (315) 734-2000. Underwriting 
Limitation b/: $2,421,000. Surety Licenses c/: CT, DE, DC, GA, IL, IN, 
KS, MD, MA, MI, NJ, NY, NC, OH, PA, RI, TN, TX, VA, WI. Incorporated 
In: Ohio.
    Certificates of Authority expire on June 30 each year, unless 
revoked prior to that date. The Certificates are subject to subsequent 
annual renewal as long as the companies remain qualified (31 CFR Part 
223). A list of qualified companies is published annually as of July 1 
in Treasury Department Circular 570, with details as to underwriting 
limitations, areas in which licensed to transact surety business and 
other information.
    The Circular may be viewed and downloaded through the Internet at 
http://www.fms.treas.gov/c570/index.html. A hard copy may be purchased 
from the Government Printing Office (GPO) Subscription Service, 
Washington, DC, Telephone (202) 512-1800. When ordering the Circular 
from GPO, use the following stock number: 048-000-00536-5.
    Questions concerning this Notice may be directed to the U.S. 
Department of the Treasury, Financial Management Service, Financial 
Accounting and Services Division, Surety Bond Branch, 3700 East-West 
Highway, Room 6A04, Hyattsville, MD 20782.


[[Page 20859]]


    Dated: April 9, 2001.
Wanda J. Rogers,
Director, Financial Accounting and Services Division, Financial 
Management Service.
[FR Doc. 01-10189 Filed 4-24-01; 8:45 am]
BILLING CODE 4810-35-M
EXHIBIT 32: Rule 13a-14(b) Certifications




The undersigned officers certify that this report fully complies with the requirements of Section 13(a) 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 Eastern Environment Solutions, Corp.




A signed original of this written statement required by Section 906 has been provided to Eastern Environment Solutions, Corp. and will be retained by Eastern Environment Solutions, Corp. and furnished to the Securities and Exchange Commission or its staff upon request.




January 19, 2011
/s/ Feng YanFeng Yan (Chief Executive Officer)January 19, 2011
/s/ John W. PolingJohn W. Poling (Chief Financial Officer)







---
##### 



Exhibit 10(viii)
 PARTICIPATION AGREEMENT
 th
 RECITALS
    ARTICLE 1
PROJECT LANDS
  ARTICLE 2
CONSIDERATION
  ARTICLE 3
PROJECT COSTS




---



##### 



ARTICLE 4
TERM OF THE AGREEMENT
  ARTICLE 5
TEST WELLS
  ARTICLE 6
EARNING




---



##### 



ARTICLE 7
RIGHT TO SHARE IN PROCEEDS
  ARTICLE 8
NORTH FINN OPTION
  ARTICLE 9
AOG OPTION
  ARTICLE 10
NO ENCUMBRANCES




---



##### 



ARTICLE 11
OPERATING AGREEMENT
 11.1 Operating Agreement .
 11.2 Resignation .
 ARTICLE 12
RIGHT TO PARTICIPATE
  ARTICLE 13
DISPUTE RESOLUTION




---



##### 



ARTICLE 14
MISCELLANEOUS
 14.01 Press Releases and Public Announcements .
 14.02 Entire Agreement .
 14.03 Succession .
 14.04 Counterparts .
 14.05 Headings .
 14.06 Governing Law .
 14.07 Further Assurances .
 14.08 Notices .




---



##### 



IF TO NORTH FINN:
    
    IF TO AOG:North Finn, LLC
    
    American Oil & Gas, Inc.950 Stafford
    
    1050  17th Street, Suite 1850Casper, WY 82609
    
    Denver, CO 80265Attn: Wayne Neumiller
    
    Attn: Andrew CalerichTelephone:   (307) 237-7854
    
    Telephone:   (303) 991-0173Facsimile      (307) 237-7628
    
    Facsimile:     (303) 595-0709e-mail: wneumiller@wyoming.com
    
    e-mail: andyc@americanog.com
  14.09 Relation of Parties .
 14.10 Severability .
 14.11 No Third-Party Beneficiaries .




---



##### 



NORTH FINN, LLCBy:
    
    /s/ Wayne NeumillerWayne NeumillerManagerAMERICAN OIL & GAS, INC.By:
    
    /s/ Andrew CalerichAndrew CalerichPresident and Chief Financial Officer