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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6059

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LINWOOD GERALD KENNY,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of North Carolina, at Charlotte. Frank D. Whitney,

District Judge. (3:01-cr-00185-FDW-1)

Submitted: August 21, 2008 Decided: August 26, 2008

Before WILLIAMS, Chief Judge, and KING and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Linwood Gerald Kenny, Appellant Pro Se. Karen S. Marston, OFFICE OF

THE UNITED STATES ATTORNEY, Gretchen C.F. Shappert, United States

Attorney, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Linwood Gerald Kenny appeals the district court’s order

construing his motion for an evidentiary hearing as a criminal

motion contesting the Government’s failure to file a Fed. R. Crim.

P. 35 motion. We have reviewed the record and find no reversible

error. Accordingly, we affirm for the reasons stated by the

district court. United States v. Kenny, No. 3:01-cr-00185-FDW-1

(W.D.N.C. Nov. 26, 2007). 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
I 

113TH CONGRESS 

1ST SESSION H. R. 3798 

To repeal an annual adjustment of retired pay and retainer pay amounts 

for retired members of the Armed Forces under age 62, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2013 

Mr. DESJARLAIS introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Energy 

and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To repeal an annual adjustment of retired pay and retainer 

pay amounts for retired members of the Armed Forces 

under age 62, 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 ANNUAL ADJUSTMENT OF RETIRED 

4 PAY AND RETAINER PAY AMOUNTS FOR RE5 TIRED MEMBERS OF THE ARMED FORCES 

6 UNDER AGE 62. 

7 (a) REPEAL.—Section 403 of the Bipartisan Budget 

8 Act of 2013 is hereby repealed, and the provisions of law 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 3798 IH

1 amended by such section are restored as if such section 

2 had never been enacted. 

3 (b) OFFSET.—Section 4002(b) of the Patient Protec4 tion and Affordable Care Act (42 U.S.C. 300u–11(b)) is 

5 amended— 

6 (1) in paragraph (2), by striking ‘‘2017’’ and 

7 inserting ‘‘2014’’; 

8 (2) by redesignating paragraph (5) as para9 graph (7); 

10 (3) by striking paragraphs (3) and (4) and in11 serting the following: 

12 ‘‘(3) for each of fiscal years 2015 through 

13 2017, $0; 

14 ‘‘(4) for each of fiscal years 2018 and 2019, 

15 $750,000,000; 

16 ‘‘(5) for each of fiscal years 2020 and 2021, 

17 $1,000,000,000; 

18 ‘‘(6) for fiscal year 2022, $1,300,000,000; 

19 and’’; and 

20 (4) in paragraph (7), as so redesignated, by 

21 striking ‘‘2022’’ and inserting ‘‘2023’’. 

Æ 


jbell on DSK7SPTVN1PROD 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 Captaris, Inc. (the Company) on Form 10-Q/A for the period ended
September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Form 10-Q/A), I, David Anastasi, the President and 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 Form 10-Q/A fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m or 78o(d)); and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Form 10-Q/A fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



Dated: March 12, 2004



/s/    DAVID P. ANASTASIDavid P. Anastasi President and Chief Executive Officer
# C_2008008EN.01001601.xml

| 12.1.2008 | EN | Official Journal of the European Union | C 8/16 |
| --- | --- | --- | --- |

12.1.2008

EN

Official Journal of the European Union

C 8/16

---

Order of the President of the Court of First Instance of 9 November 2007 — Poland v Commission

(Case T-183/07 R) (1)

1

(Application for interim measures - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - National allocation plan for greenhouse gas emission allowances for Poland for the period from 2008 to 2012 - Commission decision rejecting that plan - Application for suspension of operation - Lack of urgency)

(2008/C 8/30)

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented by: T. Nowakowski, acting as Agent)

Applicant:

Defendant: Commission of the European Communities (represented by: U. Wölker and K. Herrmann, acting as Agents)

Defendant:

Re:

Application to suspend the operation of Commission Decision C(2007) 1295 final of 26 March 2007, concerning the national allocation plan for greenhouse gas emission allowances notified by the Republic of Poland for the period from 2008 to 2012, in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003, establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the order

| 1. | The application for interim measures is dismissed. |
| --- | --- |

1.

The application for interim measures is dismissed.

| 2. | Costs are reserved. |
| --- | --- |

2.

Costs are reserved.

---

(1)  OJ C 155, 7.7.2007.

1

---
Charlie PRYOR and wife Rita Pryor, Plaintiffs, v. CITY OF RALEIGH, County of Wake, Andrew Fettes, individually and his official capacity as an employee of Wake County, Jesus Rios, individually and his official capacity as an employee of the City of Raleigh, Defendants.

No. COA15-1403.

Court of Appeals of North Carolina.

June 7, 2016.

**CASE REPORTED WITHOUT PUBLISHED OPINION**

Affirmed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6419

MICHAEL BROADNAX,

Petitioner - Appellant,

v.

VIRGINIA BEACH CORRECTIONAL CENTER; CIRCUIT COURT OF THE CITY

OF VIRGINIA BEACH,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. M. Hannah Lauck, Magistrate

Judge. (3:07-cv-00016-MHL)

Submitted: September 16, 2008 Decided: September 19, 2008

Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Broadnax, Appellant Pro Se. Thomas Drummond Bagwell,

Assistant Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
*

The parties consented to referral to a magistrate judge for

final disposition under 28 U.S.C. § 636(c) (2000). 

2

PER CURIAM:

Michael Broadnax seeks to appeal the magistrate judge’s

order dismissing without prejudice his 28 U.S.C. § 2254 (2000)

petition.*

 The order is not appealable unless a circuit justice or

judge issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this

standard by demonstrating that reasonable jurists would find that

any assessment of the constitutional claims by the district court

is debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Broadnax has

not made the requisite showing. Accordingly, we deny 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
State of North Carolina v. Eric Alan Sanchez

No. COA 16-249

Court of Appeals of North Carolina.

Filed: September 20, 2016

NO ERROR.
<PAGE>

                                                                    Exhibit 99.1


                            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 Annual Report of BRIAZZ, Inc. (the "Company") on Form
10-K for the year ended December 29, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Victor D. Alhadeff,
the Chief Executive Officer, Chief Financial Officer, Secretary and Chairman of
the Board of Directors 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 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.


            March 28, 2003

                               /s/ Victor D. Alhadeff
                               ----------------------------------------------
                               Victor D. Alhadeff
                               Chief Executive Officer, Chief Financial Officer,
                               Secretary and Chairman of the Board of Directors


                                       65
# C_2008301EN.01003801.xml

| 22.11.2008 | EN | Official Journal of the European Union | C 301/38 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 301/38

---

Order of the Court of First Instance of 23 September 2008 — Cementownia ‘Warta’ S.A. v Commission of the European Communities

(Case T-198/07) (1)

1

(Action for annulment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - National allocation plan in respect of emission allowances for Poland for the period from 2008 to 2012 - Decision by the Commission not to raise objections subject to certain conditions - Competence of Member States in the individual allocation of emission allowances - Lack of direct concern - Inadmissibility)

(2008/C 301/64)

Language of the case: Polish

Parties

Applicant: Cementownia ‘Warta’ S.A. (Trębaczewo, Poland) (represented by: P.K. Rosiak and F. Puel, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: U. Wölker and K. Herrmann, Agents)

Defendant:

Re:

APPLICATION for annulment of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Poland for the period from 2008 to 2012 in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | Cementownia ‘Warta’ S.A. shall bear its own costs and pay those of the Commission. |
| --- | --- |

2.

Cementownia ‘Warta’ S.A. shall bear its own costs and pay those of the Commission.

---

(1)  OJ C 170, 21.7.2007.

1

---
Exhibit 31

                                  CERTIFICATION

I, Stephen Samuels, certify:

1.   That I have reviewed this quarterly report on Form 10-QSB for Cameron
     International, 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
     statement 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 periods presented in this
     quarterly report.

4.   I am 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 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 my conclusions about the
          effectiveness of the disclosure controls and procedures based on my
          evaluation as of the Evaluation Date; and

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

Date: November 10, 2004

/s/ Stephen Samuels
----------------------------------
Stephen Samuels
President, Treasurer & Director
(Principal Executive and Principal Financial Officer)
# C_2008092EN.01004803.xml

| 12.4.2008 | EN | Official Journal of the European Union | C 92/48 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

C 92/48

---

Action brought on 6 December 2007 — Van Arum v Parliament

(Case F-138/07)

(2008/C 92/98)

Language of the case: Dutch

Parties

Applicant: Rinse van Arum (Winksele, Belgium) (represented by: W. van den Muijsenbergh, lawyer)

Applicant:

Defendant: European Parliament

Defendant:

The subject-matter and description of the proceedings

(i) The applicant seeks an alteration of the decision of the appointing authority to award him one merit point to a decision to award him two merit points, and alternatively, annulment of that decision and an order that the appointing authority send to the Tribunal all of the papers and documents on the basis of which the contested decision was taken. (ii) The applicant seeks an order that the defendant pay to him the token sum of one euro in compensation.

Form of order sought

| — | alter the decision to award him one merit point to a decision to award him two merit points; |
| --- | --- |

—

alter the decision to award him one merit point to a decision to award him two merit points;

| — | alternatively, order the appointing authority to send to the Tribunal all of the papers and documents on the basis of which the Director General made his decisions of 7 September and 23 November 2006 and annul those decisions together with the decision of the joint committee; |
| --- | --- |

—

alternatively, order the appointing authority to send to the Tribunal all of the papers and documents on the basis of which the Director General made his decisions of 7 September and 23 November 2006 and annul those decisions together with the decision of the joint committee;

| — | order the appointing authority to pay to the applicant in compensation a token sum of one euro; |
| --- | --- |

—

order the appointing authority to pay to the applicant in compensation a token sum of one euro;

| — | order the European Parliament to pay the costs. |
| --- | --- |

—

order the European Parliament to pay the costs.

---
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

September 26, 2008

Mr. Chad Michael Forbes

Wright Brown & Close, LLP

Three Riverway, Suite 600

Houston, TX 77056

Mr. David W. Holman

The Holman Law Firm, P.C.

24 Greenway Plaza, Suite 2000

Houston, TX 77046

RE:Case Number:  06-0422

Court of Appeals Number:  13-03-00407-CV

Trial Court Number:  01-06-15,978

Style:RELIANCE STEEL & ALUMINUM CO. AND SAMUEL ALVARADO

v.

MICHAEL SEVCIK AND CATHY LOTH

Dear Counsel:

Today the Supreme Court of Texas delivered the enclosed opinion and judgment in the above-referenced cause.  Respondents’ Motion to Strike Petitioners’ Brief on the Merits is dismissed as moot.

Sincerely,

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosures

**Case No. 06-0422Page 1**
STATE v. Lee Edward HUTCHENS.

No. 21P16-1.

Supreme Court of North Carolina.

March 17, 2016.

Craig M. Cooley, Cary, for Hutchens, Lee Edward.

Barry H. Bloch, Assistant Attorney General, for State of North Carolina.

Daniel P. O'Brien, Special Deputy Attorney General, for State of North Carolina.

David Learner, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 28th of January 2016 by State of NC to Dismiss Appeal:

> "Motion Dismissed as moot by order of the Court in conference, this the 17th of March 2016."
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 CPI International, Inc. (the “Company”) on Form 10-Q for the period ending July 3, 2009 as filed with the Securities and Exchange Commission on the date hereof
(the “Report”), I, O. Joe Caldarelli, 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/ O. JOE CALDARELLIO. Joe CaldarelliChief Executive OfficerAugust 12, 2009
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 Annual Report of Trans Energy,  Inc. (the "Company")
on Form  10-KSB for the  period  ending  December  31,  2003,  as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, William
F. Woodburn , Principal Accounting Officer of the Company,  certify, pursuant to
18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the  Sarbanes-Oxley  Act
of 2002, that, to the best of my knowledge and belief:

          (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 result of operations of
          the Company.


/s/   WILLIAM F. WOODBURN
-----------------------------
William F. Woodburn
Principal Accounting Officer
April 2, 2004

     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 has been provided to the Company and will be retained by
     the Company and furnished to the Securities and Exchange  Commission or its
     staff upon  request.  The foregoing  certifications  are  accompanying  the
     Company's Form 10-KSB 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 Form 10-KSB
     or as a separate disclosure document.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: In re City of Pearland, Texas, et al.

Appellate case number: 01

- 17

- 00902

- CV

Trial court case number: 2017

- 77666

Trial court: 133rd District Court of Harris County

The motion for emergency relief is denied.

It is so ORDERED.

Judge’s signature:

____

/s/ Justice Jennifer Caughey

_____________  Acting individually  Acting for the Court

Panel consists of Justices Jennings, Massengale, and Caughey (Jennings, J., dissenting).

Date: ____ November 27, 2017

__________________
<PAGE>


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 Annual Report of The Cronos Group (the "Company") on
Form 10-K for the year ended December 31, 2003, as filed with the Securities and
Exchange Commission (the "Report"), the undersigned, Dennis J Tietz, the Chief
Executive Officer of the Company, and Peter J Younger, the Chief Financial
Officer of the Company, certify, based on their knowledge, that:

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

            (ii)  The information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operation of the Company.

            March 26, 2004



      /s/ DENNIS J TIETZ
      Dennis J Tietz, Chief Executive Officer

      /s/ PETER J YOUNGER
      Peter J Younger, Chief Financial Officer

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.



--------
* This certification, required by Section 906 of the Sarbanes-Oxley Act of 2002,
other than as required by Section 906, is not deemed to be "filed" with the
Commission or subject to the rules and regulations promulgated by the Commission
under the Securities Exchange Act of 1934, as amended, or to the liabilities of
Section 18 of said Act.

                                                                             E15