alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Shannon Andre PETERS, Defendant-Appellant.

No. 12-7323.

United States Court of Appeals, Fourth Circuit.

Submitted: April 30, 2013.

Decided: May 13, 2013.

Julia C. Ambrose, Wes J. Camden, Brooks, Pierce, McLendon, Humphrey & Leonard, Raleigh, North Carolina, for Appellant. Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Yvonne V. Watford-McKinney, Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Before MOTZ, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Shannon Andre Peters appeals the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp.2012) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s order. *United States v. Peters,*Nos. 7:07-cr-00047-BO; 7:11-cv-00056-BO (E.D.N.C. July 31, 2012). We note that subsequent to the district court’s decision in this case, we decided *United States v. Powell,*691 F.3d 554 (4th Cir.2012). In *Powell,*we held that *Carachuri-Rosendo v. Holder,*560 U.S. 563, 130 S.Ct. 2577, 177 L.Ed.2d 68 (2010), and by extension, *United States v. Simmons,*649 F.3d 237 (4th Cir.2011), were not retroactively applicable. Peters argues that this court improperly decided *Powell*because it did not recognize that *Carachuri-Rosendo*has substantive applications and should be applied retroactively to cases on collateral review. We decline Peters’ invitation to re-examine the court’s previous decision in *Powell. See United States v. Guglielmi,*819 F.2d 451, 457 (4th Cir.1987) (holding that only an en banc court, not a subsequent panel, has authority to overturn a previous panel’s published decision). Under *Powell,*the rulings in *Carachuri-Ro-sendo*and *Simmons*are not applicable to Peters’ § 2255 motion. Therefore the relief Peters seeks is not available on collateral review. Further, the retroactivity issue was not included in the partial grant of a certificate of appealability by the district court and there was no motion for expansion of the certificate of appealability. *See*4th Cir. R. 22(a)(2)(A). We therefore affirm the order.

We deny Peters’ motion to appoint counsel. 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.
# C_2009017EN.01000901.xml

| 23.1.2009 | EN | Official Journal of the European Union | C 17/9 |
| --- | --- | --- | --- |

23.1.2009

EN

Official Journal of the European Union

C 17/9

---

Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands on the basis of Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons

(2009/C 17/08)

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to extract hydrocarbons in an area in the provinces of Flevoland and Overijssel bounded by the following vertices and straight lines between them:

| Vertex | X | Y |
| --- | --- | --- |
| 1 | 181190,45 | 528989,35 |
| 2 | 197032,78 | 528449,33 |
| 3 | 196904,99 | 521474,81 |
| 4 | 196831,75 | 518858,62 |
| 5 | 180900,75 | 519566,48 |

Vertex

X

Y

1

181190,45

528989,35

2

197032,78

528449,33

3

196904,99

521474,81

4

196831,75

518858,62

5

180900,75

519566,48

The eastern boundary between vertices 2 and 3 coincides with the western part of the Schoonebeek extraction authorisation.

The coordinates are expressed in accordance with the national triangulation system (‘RD’).

RD

On the basis of this description of the boundaries, the surface area is 151,3 km2.

2

With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to extract hydrocarbons in the area bounded by the abovementioned vertices and coordinates.

Mijnbouwwet

Staatsblad

The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the abovementioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).

Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:

Official Journal of the European Union

| De Minister van Economische Zaken |
| --- |
| ter attentie van J.C. De Groot, directeur Energiemarkt |
| ALP/562 |
| Postbus 20101 |
| 2500 EC Den Haag |
| Nederland |

De Minister van Economische Zaken

ter attentie van J.C. De Groot, directeur Energiemarkt

ALP/562

Postbus 20101

2500 EC Den Haag

Nederland

Applications received after the expiry of this period will not be considered.

A decision on the applications will be taken not later than 12 months after this period has expired.

Further information can be obtained by calling E.J. Hoppel on the following telephone number: (31-70) 379 77 62.

---
**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**

|   | 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/                Greg Koler                                                                                                        |   |   |   |
| Greg                KolerChief                Executive Officer and Interim Chief Financial OfficerSeptember                26, 2006 |   |   |   |

----
(1)
    
    The Form 10-K of the Company for the year ended August 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the Report), fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m
or 78o(d)); and(2)
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and result of operations of the Company.
 /s/ Mark W. HardingMark W. HardingPrincipal Executive Officer and Principal Financial OfficerNovember 14, 2008
cme é

mu lp Chicago Mercantile Exchange
S74 EY: 23
ses com 20 South Wacker Drive 312/930.1000 tel
ae ARIAT Chicago, IL 60606-7499 312/466.4410 fax

www.cme.com,

November 4, 2005

Ms. Jean A. Webb

Office of the Secretariat

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21st Street, NW

Washington, DC 20581

RE: Section 5c(c)(1) and Regulation §40.6(a) Submission, Exchange Certification for Clarified
Trading Hours for CME Products Associated with Veterans Day 2005.
CME Submission 05-115

Dear Ms. Webb:

Chicago Mercantile Exchange Inc. (“CME” or “Exchange”) hereby notifies the Commission of the
clarified CME trading hours for Veterans Day 2005.

Thursday, November 10, 2005, the Day Preceding Veterans Day 2005
e All CME products will have normal trading hours.
¢ CME Foreign Exchange (FX) and Interest Rate (IR) products will observe normal closes both on
the trading floor at 2:00 p.m. Central Time (CT) and on CME® Globex® at 4:00 p.m. CT on
Thursday, November 10, 2005. This includes normal termination times for expiring serial
month IR options and weekly FX options. There is no early 12:00 noon close for CME FX and
IR products on the trading floors as previously announced.

Friday, November 11, 2005, Veterans Day
¢ CME Commodities, Equities and GSCI products will have normal trading hours.
e¢ CME FX and IR products traded on the trading floors will be closed; CME Globex will have a
normal Friday close at 3:15 p.m. for FX and IR products.

No rule amendments were necessary for clarification of these trading hours. Members/shareholders were
notified of procedures in CME Special Executive Report S-4361, dated Tuesday, November 1, 2005, and
in CME Special Executive Report S-4365, dated Friday, November 4, 2005.

If you require additional information, please contact Mr. Steven Youngren at 312-930-4583 or via e-mail

at syoungre@cme.com. Please reference our CME Submission 05-115 on all future correspondence
regarding this notification.

Sincerely,

John W. Labuszewski
Managing Director, Research & Product Development
C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: In re Monica Hardaway and Glenn Hardaway

Appellate case number: 01

- 17

- 00 880

- CV

Trial court case number: 17

- CCV

- 059731

Trial court: County Court at Law No. 4 of F ort Bend County

Relators , Monica Hardaway and Glenn Hardaway, have filed a petition for a writ of mandamus seeking to vacate the trial court’s judgment in a forcible detainer proceeding. T h e proceeding was stayed because court records reflected that Glen n Hardaway had filed a petition for relief under Chapter 7 of Title 11, United States Code,
in Case 17

- 35017, in the United States Bankruptcy Court for the Southern District of

Texas. See 11 U.S.C. § 362(a) (providing filed bankruptcy petition operates as automatic stay of actions against debtor or debtor’s property) ; see also T EX

. R. A PP

. P. 8.2 (providing bankruptcy suspends appeal). The bankruptcy court has signed an order

“ lift [ ing ] the automatic stay to allow for the completion of any pending or futu re litigation (including any appeals) to determine title to and possession of the property” at
issue in this proceeding

. In re Hardaway , Case No. 17

- 35017 (Bankr. S.D. Tex. Jan. 8, 2018) (order). And, relators have filed a motion to reinstate the ir petit ion and “sever the [proceeding] with respect to the bankrupt party, Glenn Hardaway.” See T EX

. R. A PP

. P

. 8.3. We grant relators ’ motion to reinstate, reinstate the proceeding on the Court’s
docket , and dismiss as moot the motion to sever the proceeding a s to Glenn Hardaway

. It is so ORDERED.

Judge’s signature: /s/ Terry Jennings

 Acting for the Court

Date: January 26, 2018
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan



### November 25, 2008 Clifford W. Taylor, Chief Justice



### 137331 Michael F. Cavanag h
Elizabeth A. Weave r Marilyn Kell y Maura D. Corriga n Robert P. Young, Jr. 

### PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, 

### Plaintiff-Appellee, J ustices



### v SC: 137331 COA: 286304 Ingham CC: 07-000717-FH SAMUEL HERNANDEZ, Defendant-Appellant.

________________ _________________________/

On order of the Court, the application for leave to appeal the A ugust 1, 2008 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

p1117 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 25, 2008

Clerk
Case 1:07-cv-05400-AKH Document 36 Filed 06/17/2008 Page 1 of 2Case 1:07-cv-05400-AKH Document 36 Filed 06/17/2008 Page 2 of 2
Street

Ea)

November 28, 2005

19°9

VIA EMAIL: secretary@cftc.gov m

Ms. Jean A. Webb

Secretary of the Commission

Commodity Futures Trading Commission
3 Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

RE: Rule Certification: Notification of the HedgeStreet 2006 Holiday
Schedule

Dear Secretary Webb:

Pursuant to Section 5c(c) of the Commodity Exchange Act, as amended (“Act”), and
§40.6(a) of the regulations promulgated by the Commodity Futures Trading Commission
(the “Commission”) under the Act, HedgeStreet, Inc. (“HedgeStreet”) hereby notifies the
Commission of the HedgeStreet 2006 holiday schedule, as referenced under Exhibit A.

There were no substantive opposing views regarding the HedgeStreet 2006 holiday
schedule.

HedgeStreet hereby certifies that its 2006 holiday schedule complies with the Act, and the
Commission Regulations adopted thereunder.

Should you have any questions, please contact the undersigned at sford@hedgestrect.com
or (650) 638-3511.

Sincerely,

Stephanie Ford
Vice President, Legal & Compliance

ce: Clarissa Manansala — HedgeStreet, Inc.

1825 S. Grant Street

‘San Mateo, CA 94402
Tel: 650.638.3500
www.hedgestreet.com 1 Fax: 650.638.9501


Street

EXHIBIT A

HedgeStreet Holiday Schedule for 2006

New Year's Day (observed) — Monday, January 2, 2006
Martin Luther King, Jr. Day — Monday, January 16, 2006
President's Day — Monday, February 20, 2006

Good Friday — Friday, April 14, 2006

Memorial Day — Monday, May 29, 2006

Independence Day— Tuesday, July 4, 2006

Labor Day — Monday, September 4, 2006

Thanksgiving Day — Thursday, November 23, 2006

Day after Thanksgiving Day - Friday, November 24, 2006
Christmas Day — Monday, December 25, 2006

1825 S. Grant Street

‘San Mateo, CA 94402
Tel: 650.838.3500
www.hedgestreet.com Fax: 650.638.2501
1

The Honorable William A. Knox, United States Magistrate Judge for the

Western District of Missouri, to whom the case was referred for final disposition by

consent of the parties pursuant to 28 U.S.C. § 636(c). 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

Nos. 07-3926/08-1397

___________

Union Electric Company, doing *

business as Ameren UE, *

*

Appellee, *

* Appeals from the United States

v. * District Court for the

* Western District of Missouri.

James E. Devine, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: September 8, 2009

Filed: September 11, 2009

___________

Before WOLLMAN, RILEY, and SMITH, Circuit Judges.

___________

PER CURIAM.

In these consolidated appeals, James Devine challenges the district court’s1

(1) order and judgment holding him in contempt and imposing sanctions for violating

a 2001 consent decree which required him to bring four boat docks located on a cove

of the Lake of the Ozarks in Camden County, Missouri, into compliance with permits
-2-

issued by Union Electric Company (UE) (No. 07-3926), and (2) order awarding

attorneys’ fees and expenses of $16,380.35 to UE (No. 08-1397). 

Following careful review, we conclude that the district court did not clearly err

in finding after three hearings and an inspection of the property in question that UE’s

evidence established that Devine had violated specific provisions of the 2001 consent

decree, which provided for enforcement through contempt proceedings. We thus find

no abuse of discretion with regard to the district court’s judgment holding Devine in

contempt and imposing sanctions, which were properly coercive and remedial rather

than punitive. See Chaganti & Assoc., P.C. v. Nowotny, 470 F.3d 1215, 1223 (8th

Cir. 2006) (district court’s imposition of civil contempt order and assessment of

monetary sanctions reviewed for abuse of discretion); Warnock v. Archer, 443 F.3d

954, 955 (8th Cir. 2006) (per curiam) (factual findings underlying civil contempt order

are reviewed for clear error); Jake’s, Ltd. v. City of Coates, 356 F.3d 896, 901-902

(8th Cir. 2004) (contempt sanctions are civil if they are coercive and remedial, and

criminal if they are punitive). 

We further find no abuse of discretion in the award of reasonable attorneys’

fees, which was also provided for in the consent decree. See Ollis v. HearthStone

Homes, Inc., 495 F.3d 570, 576-77 (8th Cir. 2007) (standard of review).

Accordingly, we affirm both the contempt judgment and the fee-award order.

See 8th Cir. R. 47B.

______________________________
**EXHIBIT 23****Consent of the Independent Registered Public Accounting Firm**We consent to the incorporation by reference in the Registration Statement (Form S-3 No.333-136253-10) of Federal Express Corporation and in the related Prospectus of our reports datedJuly 9, 2007, with respect to the consolidated financial statements and schedule of Federal ExpressCorporation, Federal Express Corporation management’s assessment of the effectiveness of internalcontrol over financial reporting, and the effectiveness of internal control over financialreporting of Federal Express Corporation, included in this Annual Report (Form 10-K) for the yearended May 31, 2007./s/ Ernst & Young LLPMemphis, Tennessee
DOCSNY-271442v01 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

----------------------------------------------------------------X 

IN RE WORLD TRADE CENTER LOWER 

MANHATTAN DISASTER SITE LITIGATION 

: 

: 

: 

: 

21 MC 102 (AKH) 

----------------------------------------------------------------X 

JULIA NARVAEZ, 

 Plaintiff, 

 - against - 

100 CHURCH, LLC, et al., 

 Defendants. 

: 

: 

: 

: 

: 

: 

: 

: 

: 

07-CV-5304-AKH 

APPEARANCE 

ELECTRONICALLY FILED 

----------------------------------------------------------------X 

To the Clerk of this Court and all parties of record: 

Enter my appearance as counsel in this case for: 

MERRILL LYNCH & CO., INC. 

I certify that I am admitted to practice in this court.

Dated: New York, New York 

 October 3, 2007 

 By:

DICKSTEIN SHAPIRO LLP 

 /s/ Judith R. Cohen___ 

Judith R. Cohen (JC-8614) 

1177 Avenue of the Americas 

New York, New York 10036 

Phone: (212) 277-6500 

Fax: (212) 277-6501 

Attorney for Defendant 

MERRILL LYNCH & CO., INC. 

Case 1:07-cv-05304-AKH Document 13 Filed 10/03/2007 Page 1 of 1
Case 1:07-cv-05552-AKH Document 3 Filed 08/03/2007 Page 1 of 5
Case 1:07-cv-05552-AKH Document 3 Filed 08/03/2007 Page 2 of 5
Case 1:07-cv-05552-AKH Document 3 Filed 08/03/2007 Page 3 of 5
Case 1:07-cv-05552-AKH Document 3 Filed 08/03/2007 Page 4 of 5
Case 1:07-cv-05552-AKH Document 3 Filed 08/03/2007 Page 5 of 5
**Exhibit
      32.2**





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








In
      connection with Amendment No. 2 to the Annual Report of MRU Holdings, Inc.
      (the
“Company”) on Form 10-KSB/A for the period ended June 30, 2006 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), the
      undersigned, in the capacities and on the dates indicated below, hereby
      certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
      906
      of the Sarbanes-Oxley Act of 2002, that to his 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.




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 upon
      request.




Date:
              September 28, 2007
            
            /s/
              Vishal GargVishal
              GargChief
                Financial Officer
              (Principal
                  Financial Officer and Principal Accounting Officer)
NO. SCWC-30507

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

DAVID SCRIVNER, Petitioner/Petitioner-Appellant, 

vs.

STATE OF HAWAI#I, Respondent/Respondent-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(ICA NO. 30507; S.P.P. NO. 07-1-0032 (CR. NO. 03-1-0787))

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, Acoba, 

and McKenna, JJ., and Circuit Judge Browning, 

in place of Duffy, J., recused)

The Application for Writ of Certiorari filed on March

30, 2012 by Petitioner/Petitioner-Appellant David Scrivner is

hereby rejected.

DATED: Honolulu, Hawai#i, May 14, 2012.

Walter J. Rodby, /s/ Mark E. Recktenwald

for petitioner 

 /s/ Paula A. Nakayama

 /s/ Simeon R. Acoba, Jr.

 /s/ Sabrina S. McKenna

 /s/ R. Mark Browning

Electronically Filed

Supreme Court

SCWC-30507

14-MAY-2012

01:18 PM
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 Health and Human Services

###### Food and Drug Administration

          - [Docket No. 00N-1599]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION: 

Notice.

# SUMMARY:

The Food and Drug Administration (FDA) is announcing that a collection of information entitled “Use of Impact-Resistant Lenses in Eyeglasses and Sunglasses” has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

# FOR FURTHER INFORMATION CONTACT:

Peggy Schlosburg, Office of Information Resources Management (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1223.

# SUPPLEMENTARY INFORMATION:

                    In the                     **Federal Register**                     of March 7, 2001 (66 FR 13769), the agency announced that the proposed information collection had been submitted to OMB for review and clearance under  44 U.S.C. 3507.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  OMB has now approved the information collection and has assigned OMB control number 0910-0182.  The approval expires on April 30, 2004.   A copy of the supporting statement for this information collection is available on the Internet at http://www.fda.gov/​ohrms/​dockets.                

Dated: May 2, 2001.

William K. Hubbard,

Senior Associate Commissioner for Policy, Planning, and Legislation.

[FR Doc. 01-11451  Filed 5-7-01; 8:45 am]

BILLING CODE 4160-01-S