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

No. 05-4725.

United States Court of Appeals, Fourth Circuit.

Submitted: May 17, 2006.

Decided: June 7, 2006.

Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, Assistant Federal Public Defender, Vidalia V. Patterson, Research and Writing Attorney, Raleigh, North Carolina, for Appellant. Frank D. Whitney, United States Attorney, Anne M. Hayes, Jennifer May-Parker, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Bryan Ray Simmons appeals the 180-month sentence imposed after he pleaded guilty to one count of possession of a firearm after having been convicted of a crime punishable by more than one year of imprisonment, in violation of 18 U.S.C. §§ 922(g), 924 (2000). The district court concluded that Simmons qualified for sentencing as an armed career criminal pursuant to 18 U.S.C. § 924(e) (2000), and sentenced him to the mandatory minimum term of imprisonment.

On appeal, Simmons asserts that his sentence violates the Supreme Court’s holding in *Blakely v. Washington,*542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), because his sentence was enhanced based upon facts, his qualifying prior convictions, that were not alleged in the indictment, admitted by him, or found by a jury beyond a reasonable doubt. Simmons *295does not assert that his prior convictions are not valid predicates for sentencing as an armed career criminal, but states only a legal challenge to his sentence.

In *United States v. Cheek,*415 F.3d 349 (4th Cir.2005), we considered and rejected an argument identical to Simmons’ contentions on appeal. We concluded:

> It is thus clear that the Supreme Court continues to hold that the Sixth Amendment (as well as due process) does not demand that the mere fact of a prior conviction used as a basis for a sentencing enhancement be pleaded in an indictment and submitted to a jury for proof beyond a reasonable doubt. Even were we to agree with Cheek’s prognostication that it is only a matter of time before the Supreme Court overrules *Almendarez-Torres [v. U.S.,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350], we are not free to overrule or ignore the Supreme Court’s precedents.

*Cheek,*415 F.3d at 352-53. Simmons’ argument that this court should revisit its holding in *United States v. Thompson,*421 F.3d 278 (4th Cir.2005), is without merit, as a panel of this court may not overrule a prior published decision of the court. *See United States v. Ruhe,*191 F.3d 376, 388 (4th Cir.1999).

We therefore affirm Simmons’ sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the courts and argument would not aid the decisional process.

*AFFIRMED.*
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

Chapter 1221

Propane Option - Mt. Belvieu Propane (non-LDH) - OPIS

DESCRIPTION

Monthly cash settled put and call options published by OPIS for the location specified in Floating Price A. 

FLOATING PRICE A

The Floating Price for each contract month is equal to the arithmetic average of the OPIS Mt. Belvieu Propane (nonLDH) price for each business day that it is determined during the contract month.

OPTION CHARACTERISTICS

TRADING UNIT

On expiration of a Call Option, the value will be the difference between the average daily settlement price 

during the calendar month of the first nearby OPIS Mt. Belvieu Propane (non-LDH) (as described in Floating 

Price A) and the strike price, or zero whichever is greater. On expiration of a Put Option, the value will be 

the difference between the strike price and the average daily settlement price during the calendar month of 

the first nearby OPIS Mt. Belvieu Propane (non-LDH) (as described in Floating Price A), or zero whichever is 

greater.

TYPE OPTION

Cash-settled European-Style Average Price option which cannot be exercised prior to expiration.

CONTRACT UNIT AND VALUE

The contract quantity shall be U.S. gallons. Each contract shall be valued as the contract quantity multiplied by the 

settlement price.

LISTING CYCLE

Up to 120 consecutive monthly contract periods

PRICES AND FLUCTUATIONS

Prices shall be quoted in dollars and cents per gallon and prices shall be in multiples of $0.001 per gallon. The 

minimum price increment will be $0.0001. There shall be no maximum price fluctuation. 

TERMINATION OF TRADING

Posting of transactions shall cease on the last business day of the contract month.

FINAL SETTLEMENT

Delivery under the contract shall be by cash settlement. Final settlement, following termination of posting for a 

contract month, will be based on the Floating Price. The final settlement price will be the Floating Price calculated for 

each contract month.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2365 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2365

To amend title 18, United States Code, to limit the ability to assess a 
  fee for health care services for prisoners, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 2019

  Ms. Norton introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend title 18, United States Code, to limit the ability to assess a 
  fee for health care services for prisoners, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Bureau of Prisons Medical 
Care Act of 2019''.

SEC. 2. NO FEE FOR HEALTH CARE SERVICES FOR PRISONERS.

    Section 4048 of title 18, United States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Fees for Health Care Services.--In the case of health care 
services provided to a prisoner in connection with a health care visit 
that results from an injury inflicted on a prisoner by another 
prisoner, the Director, in accordance with this section and with such 
regulations as the Director shall promulgate to carry out this section, 
may assess and collect a fee in connection with each such health care 
visit, from the account of the prisoner who inflicted the injury, as 
determined by the Director.'';
            (2) by striking subsection (c); and
            (3) in subsection (e), by striking ``or whether the 
        prisoner qualifies under an exclusion under this section''.
                                 <all>
```
**Exhibit 32**

CERTIFICATIONSPURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002(18 U.S.C. SECTION 1350)

In connection with the Annual Report of BetterBiodiesel, Inc., a Colorado corporation (the “Company”), on Form 10-KSB for theperiod ended September 30, 2006, as filed with the Securities and ExchangeCommission (the “Report”), Ron Crafts, Chief Executive Officer and PrincipalFinancial Officer of the Company, does hereby certify, pursuant to § 906 of theSarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to his knowledge:

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

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and result ofoperations of the Company.
| /s/ Ron Crafts                             |   |
|--------------------------------------------|--------|
| By: Ron Crafts                             |   |
| Its: Chief Executive Officer, Chairman     |   |
|                                       |   |
| /s/ Ron Crafts                             |   |
| By: Ron Crafts                             |   |
| Its: Principal Financial Officer, Chairman |   |

 

December 29, 2006

[A signed original of this written statement requiredby Section 906 has been provided to Better Biodiesel, Inc. and will be retainedby it and furnished to the Securities and Exchange Commission or its staff uponrequest.]

----
[925 NE2d 92, 899 NYS2d 749]

#### The People of the State of New York, Respondent, v Susan McDade, Appellant.

Decided February 23, 2010

*761APPEARANCES OF COUNSEL

*O’Connell & Aronowitz,*Albany *(Andrew R. Safranko*of counsel), for appellant.

*Richard J. McNally, Jr., District Attorney,*Troy *(Ian H. Silverman*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Legally sufficient evidence supports defendant Susan McDade’s conviction of second-degree rape. Forensic DNA testing of a penile swab from the victim, a severely mentally disabled 17-year-old boy, revealed the existence of significant amounts of defendant’s DNA, which established that defendant had extended, noncasual contact with the victim’s penis. Eyewitness evidence established that both the victim and defendant were naked. Moreover, the People elicited additional evidence that the victim, who had the cognitive abilities of a toddler, did not understand sex and was not known to masturbate or ejaculate. This evidence provided a valid line of reasoning and permissible inferences that could lead a rational jury to conclude that the contact between defendant and L.R. was sexual intercourse, rather than oral sex or hand-to-penis contact, neither of which would require defendant to be completely naked and which would have resulted in sexual gratification to an individual who could not have understood. The fact that other inferences could have been drawn by the jury does not render the evidence legally insufficient.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.
Exhibit 13.2

Certification of the Principal Financial Officer of

Quebecor Media Inc.

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 Quebecor Media Inc. (the Company) on Form 20-F for the year
ending December 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jean-Francois Pruneau, Chief Financial Officer of the Company, hereby certify, pursuant to
18 U.S.C. § 1350, as adopted pursuant to § 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, as amended; 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: March 22, 2012



/s/ Jean-Francois PruneauName: Jean-Francois PruneauTitle: Chief Financial Officer


The foregoing certification is being furnished solely 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) and is not being filed as part of the Report or as a separate disclosure document.
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 the Quarterly Report on Form 10-Q/A of SinoHub, Inc. (the “Company”) for the quarter ending June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Li De Hai, Chief Financial Officer of the Company, 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.








Dated: June 3, 2011
By:
/s/ Li De HaiLi De HaiChief Financial Officer
I 

116TH CONGRESS 

1ST SESSION H. R. 2499 

To amend the Internal Revenue Code of 1986 to provide the work opportunity 

tax credit with respect to hiring veterans who are receiving educational 

assistance under laws administered by the Secretary of Veterans Affairs 

or Defense. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 2, 2019 

Mrs. LEE of Nevada (for herself and Mr. WATKINS) introduced the following 

bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

the work opportunity tax credit with respect to hiring 

veterans who are receiving educational assistance under 

laws administered by the Secretary of Veterans Affairs 

or Defense. 

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 ‘‘Hire Student Veterans 

5 Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 2499 IH

1 SEC. 2. WORK OPPORTUNITY TAX CREDIT FOR HIRING VET2 ERANS RECEIVING EDUCATIONAL ASSIST3 ANCE UNDER LAWS ADMINISTERED BY THE 

4 SECRETARY OF VETERANS AFFAIRS OR DE5 FENSE. 

6 (a) IN GENERAL.—Section 51(d)(3)(A) of the Inter7 nal Revenue Code of 1986 is amended by striking ‘‘or’’ 

8 at the end of clause (iii), by striking the period at the 

9 end of clause (iv) and inserting ‘‘, or’’, and by adding at 

10 the end the following new clause: 

11 ‘‘(v) attending an educational institu12 tion by means of educational assistance 

13 provided under chapter 30, 31, 32, 33, or 

14 34 of title 38, United States Code, or 

15 chapter 1606 or 1607 of title 10, United 

16 States Code.’’. 

17 (b) MODIFICATION OF MINIMUM EMPLOYMENT PE18 RIOD.—Section 51(i)(3)(A) of the Internal Revenue Code 

19 of 1986 is amended by inserting ‘‘(other than a qualified 

20 veteran described in subsection (d)(3)(A)(v))’’ after ‘‘In 

21 the case of an individual’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to individuals who begin work for 

24 the employer after the date of the enactment of this Act. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
Exhibit 31.1

              Certification of Chief Executive Officer Pursuant to
                      Section 302 of the Sarbanes-Oxley Act

I, Alan J. Cox, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of Gray Creek Mining,
     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 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 period presented in this
     quarterly report;

4.   I am responsible for establishing and maintaining disclosure controls and
     procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
     registrant and have:

     a.   designed such disclosure controls and procedures 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 as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and
     c.   presented in this quarterly report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   I have disclosed, based on my most recent evaluation, to the registrant's
     auditors and the audit committee of registrant's board of directors (or
     persons performing the equivalent functions):

     a.   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the registrant's ability to
          record, process, summarize and report financial data and have
          identified for the registrant's auditors any material weaknesses in
          internal controls; and
     b.   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          controls; and

6.   I have indicated in this quarterly report whether or not there were
     significant changes in internal controls or in other factors that could
     significantly affect internal controls subsequent to the date of our most
     recent evaluation, including any corrective actions with regard to
     significant deficiencies and material weaknesses.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
23rd day of January, 2008.


/s/ Alan J. Cox
-----------------------------
Chief Executive Officer
|               | Vemics, Inc.(Registrant) |                                                                                                                                                                            |
|--------------------|--------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|               |                     |                                                                                                                                                                            |   |
| Date: May 24, 2010 | By:                      | /s/ Fred Zolla                           |   |
|               |                     | Fred Zolla                                                                                                                                                                      |   |
|               |                     | President and Chief Executive Officer                                                                                                                                           |   |
|               |                     | (Principal Executive Officer)                                                                                                                                                   |   |

|                    |   |                                                                                                                                                                       |
|-------------------------|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                    |   |                                                                                                                                                                       |   |
| Date: May 24, 2010 | By:    | /s/ Craig Stout                          |   |
|                    |   | Craig Stout                                                                                                                                                                |   |
|                    |   | Chief Financial Officer                                                                                                                                                    |   |
|                    |   | (Principal Accounting Officer)                                                                                                                                             |   |
**EXHIBIT      21**

**Subsidiaries**

|  Name                of Subsidiary                         |   | State                or Other Jurisdictionof                Incorporation |
|-----------------------------------------------------------------|--------|---------------------------------------------------------------------------|
|                                                            |   |                                                                      |
| Insurance                subsidiary:                            |   |                                                                      |
|                                                            |   |                                                                      |
| Professionals                Direct Insurance Company           |   | Michigan                                                                  |
|                                                            |   |                                                                      |
| Non-insurance                subsidiaries:                      |   |                                                                      |
|                                                            |   |                                                                      |
| Professionals                Direct Insurance Services, Inc.    |   | Michigan                                                                  |
| Professionals                Direct Finance, Inc.               |   | Michigan                                                                  |
| Professionals                Direct Employer Organization, Inc. |   | Michigan                                                                  |
| Professionals                Direct Statutory Trust I           |   | Delaware                                                                  |
| Professionals                Direct Statutory Trust II          |   | Delaware                                                                  |
|                                                            |   |                                                                      |