alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-6756

In Re: ZANE A. JOHNSON,

Petitioner.

On Petition for Writ of Mandamus.

 (1:07-cv-00278-NCT)

Submitted: July 24, 2007 Decided: August 1, 2007 

Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Zane A. Johnson, Petitioner Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Zane A. Johnson, a North Carolina prisoner, petitions for

a writ of mandamus. Johnson seeks an order compelling the warden

to fully respond to Johnson’s habeas petition on the merits.

Mandamus relief is available only when the petitioner has a clear

right to the relief sought and there are no other means to obtain

the requested relief. See In re First Fed. Sav. & Loan Assn., 860

F.2d 135, 138 (4th Cir. 1988); In re Beard, 811 F.2d 818, 826-27

(4th Cir. 1979). Further, mandamus is a drastic remedy and should

only be used in extraordinary circumstances. See Kerr v. United

States Dist. Court, 426 U.S. 394, 402 (1976); Beard, 811 F.2d at

826. This court does not have jurisdiction to grant mandamus

relief against state officials. See Gurley v. Superior Court of

Mecklenburg County, 411 F.2d 586, 587 (4th Cir. 1969). The relief

sought by Johnson is not available by way of mandamus.

Accordingly, we deny the petition for writ of mandamus. 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.

PETITION DENIED
```

[Federal Register: July 14, 2004 (Volume 69, Number 134)]
[Notices]
[Page 42135]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy04-20]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Notice of Renewal of the Global Markets Advisory Committee

SUMMARY: The Commodity Futures Trading Commission has determined to
renew the charter of its Global Markets Advisory Committee. As required
by Sections 9(a)(2) and 14(a)(2)(A) of the Federal Advisory Committee
Act, 5 U.S.C. app. 2, Sec. Sec.  9(a)(2) and 14(a)(2)(A), and 41 CFR
101-6.1007 and 101-6.129, the Commission has consulted with the
Committee Management Secretariat of the General Services
Administration. The Commission certifies that the renewal of this
advisory committee is necessary and is in the public interest in
connection with the performance of duties imposed on the Commission by
the Commodity Exchange Act, 7 U.S.C. 1, et seq., as amended. This
notice is published pursuant to Section 9(a)(2) of the Federal Advisory
Committee Act, 5 U.S.C. app. 2, Sec.  9(a)(2), and 41 CFR 101-6.1015.

FOR FURTHER INFORMATION CONTACT: Martin B. White, Committee Management
Officer, at 202-418-5129. Written comments should be submitted to Jean
A. Webb, Secretary, Commodity Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581.

SUPPLEMENTARY INFORMATION: The purpose of the Global Markets Advisory
Committee is to provide the Commission with input on international
market issues that affect the integrity and competitiveness of U.S.
futures markets. The advisory committee also serves as a channel for
communication between the Commission and U.S. and foreign markets,
firms and end users involved in and affected by market globalization.
    Contemporaneously with publication of this notice in the Federal
Register, a copy of the renewal charter of the Global Markets Advisory
Committee will be filed with the Commission, the Senate Committee on
Agriculture, Nutrition and Forestry and the House Committee on
Agriculture. A copy of the reinstated charter will be furnished to the
Library of Congress and to the Committee Management Secretariat and
will be posted on the Commission's Web site at  href="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.cftc.gov" shape="rect">http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.cftc.gov.


    Issued in Washington, DC, on July 9, 2004, by the Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 04-15949 Filed 7-13-04; 8:45 am]
BILLING CODE 6351-01-M
```
No. —, original.

#### Ex parte Husty.

October 12, 1931.

*Mr. Percy F. Parrott*for petitioner.

The motion for leave to file a petition for writ of mandamus is denied.
#### UNITED STATES of America, Plaintiff-Appellee v. Ruben VALDEZ-ORTIZ, Defendant-Appellant.

No. 09-50874

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 26, 2010.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch, Assistant Federal Public Defender, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.

Before SMITH, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

Ruben Valdez-Ortiz (Valdez) pleaded guilty to attempted illegal reentry and per-sonating another when applying for admission to the United States. *See*8 U.S.C. § 1326 and 18 U.S.C. § 1546. He now appeals the reasonableness of his within-guidelines sentence. Because Valdez did not object to the reasonableness of the sentence in the district court, review is limited to plain error. *See United States v. Peltier,*505 F.3d 389, 391-92 (5th Cir. 2007).

According to Valdez, his sentence is unreasonable because the 16-level enhancement set forth in U.S.S.G. § 2L1.2(b) is not supported by empirical data. This argument is foreclosed, as is his argument that the presumption of reasonableness should not be applied to his within-guidelines sentence. *See United States v. Mondragon-Santiago,*564 F.3d 357, 366-67 (5th Cir.), *cert. denied*— U.S. -, 130 S.Ct. 192, 175 L.Ed.2d 120 (2009).

Valdez’s assertions regarding his personal history and circumstances and his motive for reentering the United States are insufficient to rebut the presumption *936of reasonableness. *See United States v. Gomez-Herrera,*523 F.3d 554, 565-66 (5th Cir.2008). The record reflects that the district court considered the sentencing factors in 18 U.S.C. § 3553(a). Valdez has not demonstrated that the district court’s imposition of a sentence within the advisory guidelines range was error, plain or otherwise.

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.
Exhibit
31.2
   1.
    
    I have reviewed this Quarterly Report on Form 10-Q of Oxford Resource Partners, LP;
 2.
    
    Based on my knowledge, this Quarterly Report on Form 10-Q 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 on Form 10-Q;
 3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this Quarterly Report on Form
10-Q, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and for, the periods
presented in this Quarterly Report on Form 10-Q;
 4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have:
 a.
    
    Designed such disclosure controls and procedures, or caused such disclosure controls
and procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this Quarterly Report
on Form 10-Q is being prepared;
 b.
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this Quarterly Report on Form 10-Q our conclusions about the effectiveness of
the disclosure controls and procedures, as of the end of the period covered by this
Quarterly Report on Form 10-Q based on such evaluation; and
 c.
    
    Disclosed in this Quarterly Report on Form 10-Q any change in the registrants internal
control over financial reporting that occurred during the registrants most recent fiscal
quarter (the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 a.
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information;
and
 b.
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
  By:
    /s/ JEFFREY M. GUTMANJeffrey M. GutmanSenior Vice President, Chief Financial Officer
and Treasurer of Oxford Resources GP, LLC (the
general partner of Oxford Resource Partners, LP)
EXHIBIT
32.1








SECTION
1350 CERTIFICATION








In
connection with the Quarterly Report of Teen Education Group,  Inc.
(the "Company") on Form 10-Q/A for the quarter  ending June 30, 2009
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"),  I, Robert L.  Wilson,  President 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, 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.








Date:
March 30, 2010











By: /s/
ROBERT L. WILSON


___________________________


Robert L.
Wilson


President


(Principal
Executive Officer),


and
Director
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. RP01-429-000]

Take notice that on May 25, 2001, Transwestern Pipeline Company (Transwestern) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheet; proposed to be effective June 25, 2001:

Thirteenth Revised Sheet No. 96

Transwestern states that the revised tariff sheet adds another permissible type of transportation discount to Transwestern's General Terms and Conditions by providing for upward or downward adjustments to rate components to achieve an agreed-upon overall rate so long as all rate components remain within their respective minimum and maximum amounts.

Transwestern further states that copies of the filing have been mailed to each of its customers and interested States Commissions.

                    Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. This filing may be viewed on the web at                     *http://www.ferc.fed.us/​online/​rims/​htm*                     (call 202-208-2222 for assistance). Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site at                     *http://www.ferc.fed.us/​efi/​doorbell.htm.*

David P. Boergers,

Secretary.

[FR Doc. 01-14347  Filed 6-6-01; 8:45 am]

BILLING CODE 6717-01-M
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       1,562,000
<SECURITIES>                                 6,838,000
<RECEIVABLES>                                1,072,000
<ALLOWANCES>                                    34,000
<INVENTORY>                                    251,000
<CURRENT-ASSETS>                             9,793,000
<PP&E>                                       1,905,000
<DEPRECIATION>                                 553,000
<TOTAL-ASSETS>                              12,297,000
<CURRENT-LIABILITIES>                          588,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       125,000
<OTHER-SE>                                  11,584,000
<TOTAL-LIABILITY-AND-EQUITY>                12,297,000
<SALES>                                      4,732,000
<TOTAL-REVENUES>                             4,732,000
<CGS>                                        1,130,000
<TOTAL-COSTS>                                1,130,000
<OTHER-EXPENSES>                             5,565,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              28,000
<INCOME-PRETAX>                            (1,570,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,570,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,570,000)
<EPS-BASIC>                                     (0.13)
<EPS-DILUTED>                                   (0.13)


</TABLE>
**Fidelity**®**Worldwide Fund**

**Class**/Ticker

**Fidelity Worldwide Fund**/FWWFX

In this summary prospectus, the term "shares" (as it relates to the fund) means the class of shares offered through this summaryprospectus.

**Summary Prospectus**

**December 29, 2012**
**Exhibit 31.2****CERTIFICATION**I, Fritz L. LaPorte, certify that:1. I have reviewed this Quarterly Report on Form 10-Q of MAKO Surgical Corp.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe registrant and have:(a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is being prepared;(b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and(c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materially affected,or is reasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions):(a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; and(b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.     May 9, 2008 /s/ Fritz L. LaPorte   Fritz L. LaPorte   Senior Vice President of Finance and Administration,
```

[Federal Register: September 22, 1997 (Volume 62, Number 183)]
[Notices]
[Page 49499]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se97-44]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

``FEDERAL REGISTER'' CITATION OF PREVIOUS ANNOUNCEMENT: 62 FR 46484.

PREVIOUSLY ANNOUNCED TIME AND DATE OF MEETING: 10:00 p.m., Thursday,
September 25, 1997.

CHANGES IN THE MEETING: The Commodity Futures Trading Commission has
cancelled the closed meeting to discuss Enforcement Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 97-25259 Filed 9-18-97; 2:33 pm]
BILLING CODE 6351-01-M
```

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Exhibit 32.2





Quarterly Certification Pursuant to





Section 906 of the Sarbanes-Oxley Act of 2002





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), the undersigned officer of FX Real Estate and Entertainment Inc. (the “Company”), does hereby certify, to such officer’s knowledge, that:





The quarterly report on Form 10-Q the quarterly period ended June 30, 2010 of the Company fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.




/s/ Gary McHenryGary McHenryPrincipal Financial Officer





Date: August 13, 2010





A signed original of this written statement required by Section 906 has been provided to FX Real Estate and Entertainment Inc. and will be retained by FX Real Estate and Entertainment Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Federal Register: June 20, 1997 (Volume 62, Number 119)]
[Notices]
[Page 33605]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn97-41]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 11:00 a.m., Friday, July 18, 1997.

PLACE: 1155 21st St., N.W., Washington, D.C., 9th Fl. Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 97-16420 Filed 6-18-97; 3:58 pm]
BILLING CODE 6351-01-M
```

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```

[Federal Register: October 28, 1999 (Volume 64, Number 208)]
[Notices]
[Page 58037]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc99-43]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING


Sunshine Act Meeting Commission

AGENCY HOLDING THE MEETING: Commodity Future Trading Commission.

TIME AND DATE: 11:00 a.m., Friday, November 19, 1999.

PLACE: 1155 21st St., NW, Washington, DC, 9th Floor Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 99-28344 Filed 10-26-99; 1:40 am]
BILLING CODE 6351-01-M
```

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```

[Federal Register: May 23, 1997 (Volume 62, Number 100)]
[Notices]
[Page 28450]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my97-69]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

Federal Register citation of previous announcement: 62 FR 19311.

Previously Announced Time and Date of Meeting: 2:00 p.m., Tuesday, May
27, 1997.

Changes in the Meeting: The Commodity Futures Trading Commission has
changed the closed meeting to discuss Adjudicatory Matters to 2:00
p.m., Thursday, May 29, 1997.

Contact Person for More Information: Jean A. Webb, 418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 97-13772 Filed 5-21-97; 11:28 am]
BILLING CODE 6351-01-M
```

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Exhibit 23.1


INDEPENDENT AUDITOR'S CONSENT


We consent to the incorporation by reference in Registration Statement No.
333-102869 on Form S-3 and No. 333-90630 on From S-8 of Creative Host
Services, Inc. of our report dated March 31, 2003 (which report expresses an
unqualified opinion and includes an explanatory paragraph relating to the
adoption of the provisions of Statement of Financial Accounting Standards No.
142, "Goodwill and Other Intangible Assets"), appearing in this Annual
report on Form 10-KSB of Creative Host Services, Inc. for the year ended
December 31, 2002.



/S/ DELOITTE & TOUCHE LLP

San Diego, California
April 11, 2003