alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Thomas J. GENA, a/k/a Thomas Gena, Defendant-Appellant.

No. 10-6247.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 19, 2010.

Decided: Oct. 26, 2010.

William Mallory Kent, Law Office of William Mallory Kent, Jacksonville, Florida, for Appellant. Anne Hunter Young, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Thomas J. Gena seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp.2010) motion. The order is not appealable unless a circuit justice or judge issues a certifícate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Gena has not made the requisite showing. Accordingly, we deny his motion for a certificate of appealability and dismiss the appeal. 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.

*DISMISSED.*
```

[Federal Register: December 15, 1998 (Volume 63, Number 240)]
[Notices]
[Page 69060]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de98-42]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 11:00 a.m., Friday, January 15, 1999.

PLACE: 1155 21st St., N.W., Washington, D.C., 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. 98-33268 Filed 12-11-98; 11:27am]
BILLING CODE 6351-01-M
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Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: JON F. FREEMAN, D/B/A J. F. FREEMAN & COMPANY 

DOCKET NUMBER: 198 

DATE: DECEMBER 29, 1972 

DOCUMENT TYPE: CEASE AND DESIST ORDER 

CEA Docket No. 198 

Name: Jon F. Freeman, d/b/a J. F. Freeman & Company 

Effective on December 29, 1972 

Order 

Effective on the date of service of this order upon the respondent, Jon F. 

Freeman shall cease and desist from (1) engaging in business as a futures 

commission merchant within the meaning of the Commodity Exchange Act without 

meeting the financial requirements prescribed by section 4f of the Commodity 

Exchange Act (7 U.S.C. 6f) and section 1.17 of the regulations issued thereunder 

(17 CFR 1.17), and (2) wilfully causing, aiding, counseling, commanding or 

inducing any futures commission merchant to engage in any act or practice from 

which the said respondent is directed to cease and desist by this Order. 

Done at Washington, D.C. 

DEC 22 1972 

[SEE SIGNATURE IN ORIGINAL] 

Judicial Officer 

Office of the Secretary 

LOAD-DATE: June 16, 2008 
Page 2
Exhibit 23.1

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

We hereby consent to the  incorporation by reference in each of the Registration
Statements  on Form S-8 (File Nos.  333-71557  and  333-87841) of Medjet Inc. (a
Development  Stage Company) of our report dated January 20, 2003 relating to the
financial  statements of Medjet Inc., which report appears on this Annual Report
on Form 10-KSB of Medjet Inc. for the year ended December 31, 2003.



                                        ROSENBERG RICH BAKER BERMAN & COMPANY

                                        /S/ROSENBERG RICH BAKER BERMAN & COMPANY
                                        ----------------------------------------


Bridgewater, New Jersey
April 8, 2004
IV 

111TH CONGRESS 

2D SESSION H. RES. 1183 

Expressing the sense of the House of Representatives that public debt as 

a share of gross domestic product should be stabilized at not more 

than 60 percent by 2018. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2010 

Mr. QUIGLEY (for himself and Mr. COOPER) submitted the following 

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

RESOLUTION 

Expressing the sense of the House of Representatives that 

public debt as a share of gross domestic product should 

be stabilized at not more than 60 percent by 2018. 

Whereas the United States Government is on an 

unsustainable fiscal path; 

Whereas public debt has never amounted to more than 120 

percent of gross domestic product (GDP), even in the 

years immediately following World War II; 

Whereas public debt is now projected to rise to more than 

twice the size of the economy by 2035 and to more than 

three times the size of the economy by 2050; 

Whereas the consequences of this unprecedented and 

unsustainable rise in the public debt as a share of GDP 

will be tangible and severe; 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HRES 1183 IH 

Whereas a high public debt to GDP ratio crowds out private 

investment, redirects Government revenues to non-productive debt service, weakens the dollar’s purchasing 

power, and slows economic growth and job creation; 

Whereas a high public debt to GDP ratio undermines confidence in our economy and threatens our ability to borrow in international markets; 

Whereas the cost of inaction will ultimately be borne by ordinary American taxpayers; and 

Whereas it is within the power of Congress to enact budget 

reform that addresses this looming debt crisis: Now, 

therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that— 

3 (1) public debt as a share of gross domestic 

4 product should be stabilized at not more than 60 

5 percent by 2018; and 

6 (2) annual deficits as a share of gross domestic 

7 product should be reduced to not more than three 

8 percent by 2018. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
#### Kirkiles & Kotiadis, LLP, Respondent, v Twin Donut, Inc., et al., Appellants.

[873 NYS2d 490]

— Order, Supreme Court, *431New York County (Leland G. DeGrasse, J.), entered March 21, 2008, which denied defendants’ motion to correct and resettle a judgment entered February 27, 2004, unanimously affirmed, with costs.

Defendants have not sought to set aside the parties’ stipulation of settlement, which superseded the subject judgment. In any event, the record presents no basis therefor *(see Hallock v State of New York,*64 NY2d 224, 230 [1984]).

We have considered defendants’ remaining arguments and find them without merit. Concur—Tom, J.P., Moskowitz, Renwick and Freedman, JJ.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-60118 Summary Calendar

YOUSEF MICHAEL AZIZEH, Petitioner,

versus IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A72 454 034

-------------------- November 4, 2002 Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: * Yousef Michael Azizeh petitions for review of the final order of the Board of Immigration Appeals dismissing his appeal from the Immigration Judge’s order denying his motion to reopen deportation proceedings. Because Azizeh’s deportation proceedings commenced prior the general effective date of the Illegal Immigration Reform and Immigrant Responsibility Act, Pub. L. No. 104-208, 110 Stat. 3009 (1996) (“IIRIRA”), and concluded more than thirty days after its passage on September 30, 1996,No. 02-60118 -2- this case is governed by the “transitional rules” in IIRIRA § 309. See Lerma de Garcia v. INS , 141 F.3d 215, 216 (5th Cir. 1998). Because Azizeh has committed a criminal offense which renders him inadmissible under § 212(a)(2) of the Immigration and Nationality Act, this court does not have jurisdiction under IIRIRA § 309(c)(4)(G). See id. ; see also Lopez-Elias v. Reno , 209 F.3d 788, 293 & n.11 (5th Cir. 2000) (construing similar provision in IIRIRA permanent rules). Azizeh contends that his right to due process was violated because his counsel rendered ineffective assistance resulting in entry of the deportation order in absentia. Although the court has jurisdiction to consider constitutional claims in habeas, it does not have jurisdiction to do so on direct review. See Lerma de Garcia , 141 F.3d at 217; see also Requena-Rodriguez v. Pasquarell , 190 F.3d 299, 305-06 (5th Cir. 1999) (habeas jurisdiction retained). Because the court does not have jurisdiction, the petition for review must be dismissed.

PETITION FOR REVIEW DISMISSED.
#### Timothy Doyle YOUNG, Petitioner—Appellant, v. UNITED STATES of America, Respondent—Appellee.

No. 10-17916.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2011.*

Filed Jan. 4, 2012.

Timothy Doyle Young, Florence, CO, pro se.

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 **

Federal prisoner Timothy Doyle Young appeals pro se from the district court’s order dismissing his petition for writ of habeas corpus under 28 U.S.C. § 2241(c)(3). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*598The district court did not abuse its discretion by dismissing the action because Young failed to pay the filing fee and failed to comply with the deadline set by the district court for remedying the deficiencies in his in forma pauperis application. *See*28 U.S.C. § 1915(a)(2); *Page v. Torrey,*201 F.3d 1136, 1139 (9th Cir.2000) (“[P]risoner-plaintiffs seeking to proceed in forma pauperis [must] submit a certified copy of their prisoner trust fund account statement for the previous six months.”); *James v. Madison Street Jail,*122 F.3d 27, 28 (9th Cir.1997) (“[T]he rule for timely filing applicable to pro se prisoners ... applies to the filing of trust-account statements as required by § 1915(a)(2).”).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
No. —.

#### Budlong *v.*Budlong.

November 25, 1935.

*Jesse Margaret Wilson Budlong, pro se,*in support of the application.

The application for allowance of appeal, having been considered by the whole Court, is denied.
H. Res. 1439 

In the House of Representatives, U. S., 

June 29, 2010. 

Whereas the historic Chicago Blackhawks, as one of the 

‘‘Original Six’’, have made countless contributions to 

sports; 

Whereas the Blackhawks and the National Hockey League 

have demonstrated a commitment to promoting fitness 

and leadership skills for youth through support for youth 

hockey programs and community skating facilities; 

Whereas with 101 straight home game sellouts, and an NHL 

leading regular-season average attendance of 21,356, the 

Blackhawks are the pride of their hometown, Chicago, Illinois; 

Whereas in just 3 years, the Blackhawks organization of 

Rocky Wirtz, Joel Quenneville, John McDonough, Stan 

Bowman, Scotty Bowman, Jay Blunk, and Dale Tallon 

have revitalized a franchise and reminded Chicago that it 

has always been a hockey town; 

Whereas the Chicago Blackhawks, through amazing offense, 

superb defense, and unmatched depth, dominated the 

regular season and won 52 games; 

Whereas the Blackhawks defeated the Nashville Predators in 

6 games, the Vancouver Canucks in 6 games, and swept 

the number 1 seeded San Jose Sharks to become the 
2 

•HRES 1439 EH 

Western Conference Champions and advance to the Stanley Cup Final; 

Whereas in the Stanley Cup Final series, the Blackhawks 

held off the aggressive play and talent of the Eastern 

Conference Champion Philadelphia Flyers, who deserve 

great credit, to win in overtime, and provide one of the 

most exciting final series in recent history; and 

Whereas the innumerable contributions from every player, 

coach, and the entire Blackhawks family have ended the 

49-year-long championship drought and brought the roar 

back to Madison Street and Lord Stanley’s Cup to where 

it belongs, sweet home Chicago: Now, therefore, be it 

Resolved, That the House of Representatives— 

(1) recognizes the Chicago Blackhawks for their 

long distinguished history, countless contributions to 

sports, and their many successes as a franchise; 

(2) congratulates the Blackhawks on an amazing 

season and for winning the 2010 Stanley Cup Championship; 

(3) recognizes the players, coaches, and leadership 

of the Blackhawks organization; and 
3 

•HRES 1439 EH 

(4) joins with all people in the United States and 

hockey fans all over the world in celebrating the return 

of the Stanley Cup to Chicago, Illinois. 

Attest: 

Clerk.
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: FRONTIER COMMODITIES, INC. AND EDWIN J. SCHUFFMAN 

DOCKET NUMBER: 191 

DATE: SEPTEMBER 14, 1972 

DOCUMENT TYPE: CEASE AND DESIST ORDER 

CEA Docket No. 191 

Name: Frontier Commodities, Inc. and Edwin J. Schuffman 

Effective on or about September 14, 1972. 

Order 

Respondents and each of them shall cease and desist from: 

1. failing to treat and deal with customers' funds as belonging to such 

customers as required by section 4d of the Commodity Exchange Act (7 U.S.C. 6d) 

and the regulations thereunder; 

2. failing to hold customers' funds in segregated account as required by 

section 4d of the Commodity Exchange Act (7 U.S.C. 6d) and the regulations 

thereunder; 

3. engaging as futures commission merchant within the meaning of the 

Commodity Exchange Act without meeting the minimum financial requirements of the 

Act and the regulations thereunder; 

4. failing, while registered as futures commission merchant under the 

Commodity Exchange Act, to prepare a written computation of net worth at least 

once each month and failing to notify the Commodity Exchange Authority whenever 

such respondent knows or has reason to know that its net worth has declined 20% 

or more from the net worth of such respondent shown in the most recent report of 

financial condition filed with the Commodity Exchange Authority; 

5. failing to file, in accordance with the Commodity Exchange Act and the 

regulations thereunder, such reports as they are required to file under such Act 

and regulations; and 

6. wilfully causing, aiding, counseling, commanding or inducing any person to 

engage in any act or practice from which the respondents are directed to cease 

and desist by this order. 

This Order shall become effective on the date of service on the respondents. 

Done at Washington, D. C. 

§EP 14 1972 

[SEE SIGNATURE IN ORIGINAL] 

Judicial Officer 

LOAD-DATE: June 16, 2008 
Page 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



I, Markus R. Ernst, hereby certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002 , that:



| | (1) | the quarterly report on Form 10-Q/A (Amendment No. 3) of GBS Enterprises Incorporated, a Nevada corporation
(the “Company”), for the fiscal quarter ended September 30,
2011 (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 July 17, 2013 | /s/Markus R. Ernst                          
|------------------ | --------------------------------------------
|                   | Markus R. Ernst                             
|                   | Chief Financial Officer                     
|                   | (Principal Financial and Accounting Officer)
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: ARNOLD B. HOLLAND, WILLIAM B. BRODSKY, WILLIAM B. BRODSKY & COMPANY, INC., 

HOLLAND COMMODITIES CORPORATION, AND HOLLAND OVSON COMPANY 

DOCKET NUMBER: 59 

DATE: JULY 24, 1953 

DOCUMENT TYPE: ISSUANCE OF COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

Commodity Exchange Authority 

Washington 25, D. C. 

July 24, 1953 

ISSUANCE OF COMPLAINT - CE-A DOCKET NO. 59 

(Administrative Hearing under the Commodity Exchange Act) 

A complaint and notice of hearing was signed by the 

Acting Secretary of Agriculture on July 20, 1953, charging 

Arnold B. Holland, 

William B. Brodsky, 

William B. Brodsky & Company, Inc., 

Holland Commodities Corporation, and 

Holland Ovson Company 

with violation of the Commodity Exchange Act. 

Complaints are issued under the Commodity Exchange Act for the purpose of 

notifying respondent that the Secretary of Agriculture has reason to believe 

that respondents have violated the Act and to advise them of the time and place 

of hearings to be held to determine whether the charges are correct. The 

issuance of a complaint does not, of course, constitute proof of violation of 

the law. Such violation is established only when the Judicial Officer of the 

Department has made a determination that the evidence substantiates allegations 

in the complaint. 

Complaints are filed in the office of the hearing clerk of the Solicitor of 

the Department of Agriculture and are thereupon a matter of public record. 

Copies are filed in the Washington office and the field offices of the Commodity 

Exchange Authority. 

In cases where the Judicial Officer determines that a violation has occurred 

the resulting order will be served upon all contract markets and circularized 

among all registered futures commission merchants for their information and 

guidance. Pending disposition by the Judicial Officer it is the policy of the 

Commodity Exchange Authority not to comment or elaborate upon the charges 

contained in complaints or discuss the evidence upon which they are based. 

LOAD-DATE: June 12, 2008 
Page 2
COURT OF APPEALS OF VIRGINIA 

Present: Judges Bray, Annunziata and Overton 

SUPER 8 MOTEL AND 

 CONTINENTAL CASUALTY COMPANY 

 MEMORANDUM OPINION*

v. Record No. 0477-97-3 PER CURIAM 

 JULY 29, 1997 

CYNTHIA ROSALIE BREEDEN 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Roya Palmer; Law Offices of Richard A. Hobson, on 

brief), for appellants. 

 (Terry L. Armentrout; Armentrout & Armentrout, on 

brief), for appellee. 

 Super 8 Motel and its insurer (hereinafter collectively 

referred to as "employer") contend that the Workers' Compensation 

Commission (commission) erred in reversing the deputy 

commissioner's credibility determination and finding that 

Cynthia R. Breeden (claimant) proved she sustained an injury by 

accident arising out of and in the course of her employment on 

December 14, 1995. Upon reviewing the record and the briefs of 

the parties, we conclude that this appeal is without merit. 

Accordingly, we summarily affirm the commission's decision. Rule 

5A:27. 

 On appeal, we view the evidence in the light most favorable 

to the prevailing party below. See R.G. Moore Bldg. Corp. v. 

Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). "In 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
 2 

order to carry [the] burden of proving an 'injury by accident,' a 

claimant must prove that the cause of [the] injury was an 

identifiable incident or sudden precipitating event and that it 

resulted in an obvious sudden mechanical or structural change in 

the body." Morris v. Morris, 238 Va. 578, 589, 385 S.E.2d 858, 

865 (1989). 

 Claimant testified that she slipped on ice and fell on her 

back at approximately 3:30 a.m. on December 14, 1995 while at 

work. Her testimony was corroborated by the medical histories 

and her immediate notification of the accident to her supervisor. 

Thus, credible evidence supports the commission's finding that 

claimant sustained an injury by accident arising out of and in 

the course of her employment on December 14, 1995. That finding 

is conclusive on this appeal. See James v. Capitol Steel Constr. 

Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989). 

 Employer argues that the commission erred in reversing the 

deputy commissioner's credibility determination. We disagree. 

If, as in this case, "the deputy commissioner's determination of 

credibility is based upon the substance of the testimony rather 

than upon the witness's demeanor, such a finding is as 

determinable by the full commission as by the deputy." Kroger 

Co. v. Morris, 14 Va. App. 233, 236, 415 S.E.2d 879, 880 (1992). 

 The deputy commissioner's credibility determination was based on 

the evidence and the substance of the witnesses' testimony. 

Therefore, the full commission could make its own credibility 
 3 

determination. See id. In its role as fact finder, the 

commission was entitled to accept claimant's testimony, which was 

not inherently incredible. 

 For these reasons, we affirm the commission's decision. 

 Affirmed.