alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mohammad NADEEM, Petitioner—Appellant, v. Phillip CRAWFORD, Field Office Director, Immigration & Customs Enforcement, Respondent—Appellee.

No. 08-16218.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2011.*

Filed Jan. 6, 2012.

Mohammad Nadeem, Bronx, NY, pro se.

Cynthia M. Parsons, Assistant U.S., Office of the U.S. Attorney, Phoenix, AZ, for RespondenL-Appellee.

Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.

*

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

MEMORANDUM **

Mohammad Nadeem appeals from the district court’s decision denying his petition for habeas corpus under 28 U.S.C. *660§ 2241. We have jurisdiction under 28 U.S.C. § 2258(a). We review de novo the district court’s denial of a petition for ha-beas corpus, *Pelich v. INS,*329 F.3d 1057, 1058 (9th Cir.2003), and we vacate and remand.

Nadeem’s release subject to an order of supervision does not render his habeas petition moot where his release may be revoked at any time in the exercise of discretion, *see*8 C.F.R. § 241.4(1)(2)(i), and is contingent on electronic monitoring, scheduled and unscheduled meetings with a detention officer, and a curfew. *See Rodriguez v. Hayes,*591 F.3d 1105, 1117-18 (9th Cir.2010).

The district court determined that Na-deem’s continued detention was authorized by 8 U.S.C. § 1231(a)(1)(C). However, the district court did not have the benefit of our recent decision in *Owino v. Napolitano,*575 F.3d 952, 955 (9th Cir.2009), requiring an evidentiary hearing where there is a factual dispute regarding the likelihood an alien will be removed. We therefore vacate the district judge’s order and remand for an evidentiary hearing regarding whether Nadeem fully and honestly cooperated with the government’s efforts to secure his travel documents from the Pakistani and South African governments.

We grant the government’s motion to expand the record.

In light of our disposition, we need not reach Nadeem’s remaining contention regarding the violation of international law.

VACATED AND REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S BALANCE SHEETS AND RELATED STATEMENTS OF OPERATIONS FOR THE PERIOD
ENDED DECEMBER 31, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                  1,000
       
<S>                                        <C>
<PERIOD-TYPE>                              12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                            1310
<SECURITIES>                                         0
<RECEIVABLES>                                    12857
<ALLOWANCES>                                         0
<INVENTORY>                                      26715
<CURRENT-ASSETS>                                 45453
<PP&E>                                           27734
<DEPRECIATION>                                    7183
<TOTAL-ASSETS>                                   68020
<CURRENT-LIABILITIES>                            36492
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          9604
<OTHER-SE>                                       13605
<TOTAL-LIABILITY-AND-EQUITY>                     68020
<SALES>                                         217485
<TOTAL-REVENUES>                                217485
<CGS>                                           195405
<TOTAL-COSTS>                                   195405
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 813
<INCOME-PRETAX>                                    681
<INCOME-TAX>                                       272
<INCOME-CONTINUING>                                409
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       409
<EPS-PRIMARY>                                     0.06
<EPS-DILUTED>                                     0.06
        

</TABLE>
No. 169.

#### Brannan et al. *v.*Harrison, Comptroller General.

Jurisdictional statement submitted October 12, 1931.

Decided October 26, 1931.

*Per Curiam:*

The appeal herein is dismissed. *Louisiana Navigation Co., Ltd.,*v. *Oyster*
      *580
      *Commission,*226 U. S. 99, *101; Reddall*v. *Bryan,*24 How. 420; *Bruce*v. *Tobin,*245 U. S. 18, 19; *Verden*v. *Coleman,*18 How. 86; *Moses*v. *The Mayor,*15 Wall. 387.

*Mr. C. N. Davie*for appellants.

*Messrs. Robert 8. Parker*and *T. R. Gress*for appellee.
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

Chapter 1164

Natural Gas Index Swaps - MichCon - Platts Gas Daily Platts Inside FERC

DESCRIPTION

A monthly cash settled swap based upon the mathematical result of subtracting the price 

published by Platts Inside FERC MichCon, for Floating Price B, from the average of the daily 

prices published by Platts Gas Daily MichCon, for Floating Price A.

FLOATING PRICE A

The Floating Price for each contract month will be equal to the arithmetic average of the Platts 

Gas Daily MichCon published price for each calendar day of the corresponding contract month.

FLOATING PRICE B

The Floating Price for each contract month will be equal to the Platts Inside FERC MichCon

published price for the corresponding contract month.

CONTRACT UNIT AND VALUE

The contract unit shall be MMBtus (million British thermal units). Each 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 U.S. dollars and cents per MMBtu. The minimum price fluctuation shall 

be $0.001 per MMBtu. 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.
---

EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the  Amended Quarterly Report of All American Gold Corp.,  formerly Osprey Ventures, Inc.  (the “Company”) on Form 10-Q/A2 for the first quarter ended August 31, 2010, as  filed with the Securities and Exchange Commission on the date hereof (the “Quarterly  Report”), I, Brent Welke, 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 Amended Quarterly 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 Amended Quarterly  Report fairly presents, in all material respects, the financial condition and  results of operations of the Company.

Dated: January 20, 2010

/s/ Brent Welke

Brent WelkeChief Executive
Officer

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to All American
Gold Corp. and will be retained by All American Gold Corp. and furnished to the
Securities and Exchange Commission or its staff upon request.

---
Amendment to Deposit Account Agreement



 EXHIBIT 10.1 

AMENDMENT TO DEPOSIT ACCOUNT AGREEMENT 

THIS AMENDMENT TO DEPOSIT ACCOUNT AGREEMENT (this “Amendment”) is made as of the
13th day of November, 2008 by and between The Bank of New
York Mellon, in its capacity as trustee of the
CurrencySharesSM British Pound Sterling Trust, a
trust formed under New York law (the “Trust”) and the London Branch of JPMorgan Chase Bank, N.A. (the “Bank”). 

W I T N E S S E T H 

WHEREAS, The Trust and the Bank are parties to that certain Deposit Account Agreement dated June 8, 2006 (the
“Agreement”); and 
 WHEREAS, the parties desire to amend the Agreement on the terms and conditions set
forth below. 
 NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties hereto agree
as follows: 
 1. Definitions. All capitalized terms not otherwise defined herein shall have the meanings ascribed
thereto in the Agreement. 
 2. Amendment. Section 6.4 of the Agreement is hereby amended to read as follows:

 “The Bank reserves the right not to accept, and to return without interest to the remitter of funds, the amounts
received for deposit to the Interest Account on any Bank business day, if the aggregate deposit liability of the Bank to the Trust following the deposit of such amounts would exceed the British Pound Sterling equivalent of $4.0 BILLION U.S.
Dollars calculated at the British Pound Sterling /U.S. dollar exchange rate as determined by WM/Reuters at 4:00 PM (London time) on each Bank business day (the “Closing Spot Rate”) or another recognized market rate for the
British Pound Sterling if the Closing Spot Rate is not available on the bank day such deposits are received by the Bank.” 

3. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all
such counterparts together shall constitute one and the same instrument. 
 4. Other. In the event of any conflict
between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control. All other terms and conditions of the Agreement shall remain in full force and effect. 

[Signature Page Follows] 







 IN WITNESS WHEREOF, the undersigned have signed and delivered this Amendment as of the date
hereof. 
  

			
	CURRENCYSHARES BRITISH POUND STERLING TRUST,
		
	By:	 	The Bank of New York, in its capacity as Trustee of the CurrencyShares British Pound Sterling Trust and not in its individual capacity.
		
	By:	 	/s/ Andrew Pfeifer
	Name:	 	Andrew Pfeifer
	Title:	 	Vice President
	
	JPMORGAN CHASE BANK, N.A., LONDON BRANCH
		
	By:	 	/s/ Michael G. Davisson
	Name:	 	Michael G. Davisson
	Title:	 	Vice President
#### In the Matter of Sean P. Coyne, Petitioner, v State of New York et al., Respondents.

[874 NYS2d 846] —

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Cayuga County [Thomas G. Leone, A.J.], entered October 9, 2008) to review a determination of respondents. The determination found after a tier III hearing that petitioner had violated an inmate rule.

It is hereby ordered that said proceeding is unanimously dismissed without costs as moot *(see Matter of Free v Coombe,*
      *1358234 AD2d 996 [1996]). Present — Martoche, J.P., Smith, Centra, Fahey and Pine, JJ.
Exhibit 12**AIRGAS, INC.****COMPUTATION OF FINANCIAL RATIOS**(In thousands, except ratios)                     **Ratio of Earnings to Fixed Charges** **2003**  **2004**  **2005**  **2006**  **2007**    **EARNINGS COMPUTATION:**                       Add:                    Pretax income from continuing operations beforeequity earnings and minorityinterest $108,768  $124,395  $147,627  $208,037  $257,144    Fixed charges  68,767   66,848   83,139   92,553   104,998    Distributed income of unconsolidatedAffiliate  943   724   —   —   —                                        $178,478  $191,967  $230,766  $300,590  $362,142                                      Subtract:                       Preferred dividend requirements ofconsolidated affiliate  —   (1,151)  (4,626)  (4,589)  (4,589)                                     Earnings for purposes of computation $178,478  $190,816  $226,140  $296,001  $357,553                                      **FIXED CHARGES COMPUTATION:**                       Interest expense (1) $50,639  $46,340  $57,547  $65,110  $75,725    Estimate of the interest component of rentexpense  18,128   19,357   20,966   22,854   24,684                      Preferred dividend requirements ofconsolidated affiliate  —   1,151   4,626   4,589   4,589                                      Fixed charges for purposes of computation $68,767  $66,848  $83,139  $92,553  $104,998                                      **RATIO OF EARNINGS TO FIXED CHARGES**  **2.60****X**  **2.85****X**  **2.72****X**  **3.20****X**  **3.41****X** **(1)** includes amortization of capitalized financing costs anddiscount on trade receivable securitization.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-2277

SHELLY SLIVINSKI,

Plaintiff - Appellant,

versus

CHARLES DEAN, Mayor of Town of Elkton,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Jackson L. Kiser, Senior District Judge. (CA-98-8-H)

Submitted: April 30, 1999 Decided: May 21, 1999

Before HAMILTON, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Walter F. Green, IV, GREEN & O’DONNELL, Harrisonburg, Virginia, for

Appellant. James W. Barkley, MORIN & BARKLEY, Charlottesville,

Virginia; Jonathan Jay Litten, LITTEN & SIPE, Harrisonburg, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* Slivinski also alleged state law claims of intentional

infliction of emotional distress and willful and wanton negligence.

The district court declined to exercise supplemental jurisdiction

and dismissed the claims without prejudice.

2

PER CURIAM:

Shelly Slivinski appeals from the district court’s order

granting Defendant’s motion for summary judgment in her civil

action filed under 42 U.S.C.A. § 1983 (West Supp. 1998) and other

statutory provisions, in which she alleged that the Defendant

conspired with Elkton Police Officer Robert Marshall to violate her

Fourth Amendment Rights.* We have reviewed the parties’ briefs and

the joint appendix, and we affirm on the reasoning of the district

court. See Slivinski v. Dean, No. CA-98-8-H (W.D. Va., Aug. 10,

1998). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

Court and argument would not aid the decisional process.

AFFIRMED
# Exhibit 23.1

# Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the Registration Statements
on Form S-8 (File No. 333-40037, 333-08603, 333-48955) of Electro-Sensors, Inc. of our report dated January 27, 2006,
relating to the consolidated financial statements, which appears on page 13 of this annual report on Form 10-K(SB) for
the year ended December 31, 2005.

/s/   Virchow, Krause, & Company, LLP

---

---
I 

111TH CONGRESS 

1ST SESSION H. R. 949 

To amend title 38, United States Code, to improve the collective bargaining 

rights and procedures for review of adverse actions of certain employees 

of the Department of Veterans Affairs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2009 

Mr. FILNER introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to improve the 

collective bargaining rights and procedures for review 

of adverse actions of certain employees of the Department of Veterans Affairs, and for other purposes. 

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

3 SECTION 1. REPEAL OF EXCEPTIONS TO RIGHTS OF CER4 TAIN DEPARTMENT OF VETERANS AFFAIRS 

5 EMPLOYEES TO ENGAGE IN COLLECTIVE 

6 BARGAINING. 

7 Section 7422 of title 38, United States Code, is 

8 amended— 

mstockstill on PROD1PC66 with BILLS

2 

•HR 949 IH

1 (1) by striking subsections (b), (c), and (d); and 

2 (2) by redesignating subsection (e) as sub3 section (b). 

4 SEC. 2. DEADLINE AND REVIEW OF FINAL DECISIONS OF 

5 DEPARTMENT OF VETERANS AFFAIRS WITH 

6 RESPECT TO GRIEVANCES OF CERTAIN DE7 PARTMENT EMPLOYEES ARISING FROM AD8 VERSE PERSONNEL ACTIONS. 

9 Section 7463 of title 38, United States Code, is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(f) The final decision of the Department with re13 spect to any review of an adverse action under the griev14 ance procedures prescribed under subsection (a) shall be 

15 issued not later than 60 days after the adverse action has 

16 been appealed. Such a final decision shall be subject to 

17 judicial review in the appropriate United States District 

18 Court, or in the case of such a decision that has been made 

19 by a labor arbitrator pursuant to a collective bargaining 

20 agreement under subsection (b), the decision shall be sub21 ject to judicial review in the United States Court of Ap22 peals for the Federal Circuit in the same manner as a 

23 matter that is decided by the Merit Systems Protection 

24 Board and is subject to review by that court pursuant to 

25 section 7703 of title 5.’’. 

mstockstill on PROD1PC66 with BILLS

3 

•HR 949 IH

1 SEC. 3. CLARIFICATION OF REQUIREMENT OF DISCIPLI2 NARY APPEALS BOARDS OF DEPARTMENT OF 

3 VETERANS AFFAIRS TO PROVIDE TRAN4 SCRIPTS OF HEARINGS TO EMPLOYEES AP5 PEALING ADVERSE ACTIONS. 

6 Section 7462(c)(3) of title 38, United States Code, 

7 is amended by striking ‘‘a transcript of the hearing’’ and 

8 inserting ‘‘a full and correct copy of the transcript of the 

9 hearing at least three weeks before post-hearing briefs are 

10 required to be submitted’’. 

Æ 

mstockstill on PROD1PC66 with BILLS
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 Quarterly Report of Hawkins, Inc. (the Company) on Form 10-Q for the
period ended September 30, 2007 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, John R. Hawkins, Chief
Executive 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.

|                     | 
|-------------------- | 
|/s/ John R.
 Hawkins | 

John R.
Hawkins
Chief Executive Officer
November 9, 2007

---
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED December 17, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-50883 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus BENIGNO GOMEZ-BALLESTEROS, also known as Pedro Chavez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:04-CR-462-ALL-DB

-------------------- Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM: *Appealing the Judgment in a Criminal Case, Benigno GomezBallesteros raises arguments that are foreclosed by AlmendarezTorres v. United States , 523 U.S. 224, 235 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense, and by United States v. Pineiro , 377 F.3d 464, 465-66 (5th Cir. 2004), petition for cert. filed (U.S. July 14, 2004) (No. 04-5263), which held that Blakely v. Washington , 124 S. Ct. 2531 (2004), does notNo. 04-50883 -2- apply to the United States Sentencing Guidelines. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Rules and Regulations]
[Page 29724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13711]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 01-1261, MM Docket No. 01-50, RM-10059]


Digital Television Broadcast Service; Little Rock, AR

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: The Commission, at the request of Arkansas Educational 
Television Commission, licensee of noncommercial educational station 
KETS(TV), substitutes DTV channel *5 for DTV channel *47 at Little 
Rock, Arkansas. See 66 FR 12750, February 28, 2001. DTV channel *5 can 
be allotted to Little Rock in compliance with the principle community 
coverage requirements of Section 73.625(a) at reference coordinates 
(34-28-23 N. and 92-12-11 W.) with a power of 2.1, HAAT of 540.1 meters 
and with a DTV service population of 848 thousand.
    With this action, this proceeding is terminated.

DATES: Effective July 9, 2001.

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau, 
(202) 418-1600.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MM Docket No. 01-50, adopted May 23, 2001, and 
released May 25, 2001. The full text of this Commission decision is 
available for inspection and copying during normal business hours in 
the FCC Reference Center 445 12th Street, SW., Washington, DC. The 
complete text of this decision may also be purchased from the 
Commission's copy contractor, International Transcription Services, 
Inc., (202) 857-3800, 1231 20th Street, NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

    Television, Digital television broadcasting.

    Part 73 of Title 47 of the Code of Federal Regulations is amended 
as follows:

PART 73--[AMENDED]

    1. The authority citation for Part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336.


Sec. 73.622  [Amended]

    2. Section 73.622(b), the Table of Digital Television Allotments 
under Arkansas, is amended by removing DTV channel *47 and adding DTV 
channel *5 at Little Rock.

Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Services Division, Mass Media Bureau.
[FR Doc. 01-13711 Filed 5-31-01; 8:45 am]
BILLING CODE 6712-01-U