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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6653

THOMAS DEAN CARSON,

Petitioner - Appellant,

v.

WILLARD JOBE, Superintendent,

Respondent - Appellee.

Appeal from the United States District Court for the Western

District of North Carolina, at Asheville. Graham C. Mullen, Senior

District Judge. (1:04-cv-00177-GCM)

Submitted: August 14, 2008 Decided: August 20, 2008

Before MICHAEL, Circuit Judge, and WILKINS and HAMILTON, Senior

Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas Dean Carson, Appellant Pro Se. Sandra Wallace-Smith,

Assistant Attorney General, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Thomas Dean Carson seeks to appeal the district court’s

order denying relief on his 28 U.S.C. § 2254 (2000) petition. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability. See 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. See 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 Carson

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
Swofford, Inc. d/b/a Business and Commerce Center at Eden Mall and Robert Swofford, Plaintiffs, v. Bill Fisher d/b/a Eden Grand Prix and d/b/a Thunder Tracks USA, Defendant.

No. COA16-145

Court of Appeals of North Carolina.

Filed: November 15, 2016

AFFIRMED IN PART, DISMISSED IN PART.
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.
 Federal Maritime Commission
 Notice is hereby given that the following Ocean Transportation Intermediary licenses have been reissued by the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984, as amended by the Ocean Shipping Reform Act of 1998 (46 U.S.C. app. 1718) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515. 
                    ( print page 55397) License No.
Name/address
Date reissued017236N
Simpson's Shipping Enterprise, 248 West Lincoln Drive, Mount Vernon, NY 10050
June 20, 2005.015797N
United Cargo Handling A/S dba United Cargo Lines, Strandagervej 10, DK 2900, Hellerup, Denmark
August 23, 2002.
 Sandra L. Kusumoto, Director, Bureau of Consumer Complaints and Licensing.


[FR Doc. 05-18823 Filed 9-20-05; 8:45 am] BILLING CODE 6730-01-P
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3919 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3919

  To redesignate Rock Creek Park in the District of Columbia as Rock 
            Creek National Park in the District of Columbia.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2014

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

_______________________________________________________________________

                                 A BILL

 
  To redesignate Rock Creek Park in the District of Columbia as Rock 
            Creek National Park in the District of Columbia.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rock Creek National Park in the 
District of Columbia Act''.

SEC. 2. REDESIGNATION OF ROCK CREEK PARK AS ROCK CREEK NATIONAL PARK IN 
              THE DISTRICT OF COLUMBIA.

    (a) Redesignation.--In recognition of its nationally significant 
natural, cultural, and historical resources, and important recreational 
opportunities, Rock Creek Park in the District of Columbia, established 
by the Act of September 27, 1890 (26 Stat. 492), is redesignated as 
Rock Creek National Park in the District of Columbia.
    (b) References.--Any reference in any law, map, regulation, 
document, paper, or other record of the United States to ``Rock Creek 
Park'' in the District of Columbia shall be considered to be a 
reference to ``Rock Creek National Park in the District of Columbia''.
                                 <all>
```
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

AUG 25, 2008

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 06-15238

________________________

D. C. Docket No. 04-00568-CR-CC-1

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

versus 

A. STEPHAN BOTES, 

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Northern District of Georgia

_________________________

(August 25, 2008)

Before WILSON, PRYOR and COX, Circuit Judges.

PER CURIAM:

A. Stephan Botes was convicted of conspiracy to embezzle federal funds by

a state agent and conspiracy to commit a scheme to defraud the State of Georgia
2

and its citizens of money and honest services (Count 1), embezzlement of federal

funds (Counts 2-12), and wire fraud (Counts 18, 20-21). He was sentenced to 97-

months’ imprisonment and the district court entered an order of restitution and a

criminal forfeiture judgment against him in the amount of $382,394. 

On appeal, Botes argues the following: (1) the denial of Botes’s mistrial

motion following the lead prosecutor’s selection for a federal magistrate judgeship

requires reversal of his convictions; (2) the evidence was not sufficient to support

his conviction for conspiracy to defraud the state of Georgia and deprive Georgia

of the honest services of state school superintendent Linda Schrenko; (3) the

evidence was not sufficient to show that Botes aided and abetted a scheme to

defraud Georgia; (4) the district court improperly instructed the jury on aiding and

abetting; (5) the evidence was not sufficient to show that Botes engaged in a

scheme to defraud Georgia via wires; (6) the district court’s evidentiary rulings

concerning testimony by Botes’s business attorney Kauffmann and Schrenko

require reversal; (7) the cumulative effect of the evidentiary rulings requires

reversal; (8) the denial of Botes’s requests for specific jury instructions deprived 

Botes of his right to present a theory of defense; (9) the district court improperly

enhanced Botes’s sentence for obstruction of justice under § 3C1.1 of the

sentencing guidelines; (10) his sentence was unreasonable; (11) the sentencing
3

court violated Botes’s Sixth Amendment rights when it considered facts that were

neither admitted by Botes nor found by the jury as part of their verdict; (12) the

sentencing court denied Botes his right of allocution; (13) the factual basis for the

order of restitution was clearly erroneous; (14) the order of forfeiture violated

Botes’s constitutional rights and was without statutory authority; and (15) Botes is

entitled to access backup audiotape recordings of closing arguments and

sentencing.

Upon careful review of the record and the parties’ briefs, and with the

benefit of having heard oral argument, we conclude that Botes’s arguments have

no merit. Accordingly, we affirm.

AFFIRMED.
Exhibit 21

Subsidiaries of Coastal Bancorp, Inc.

As of December 31, 2003, Coastal Bancorp, Inc. had the following subsidiaries:

|Name                                |  | Domicile       |  | Jurisdiction of
Organization |  | Percentage of
Voting Securities
Owned |  
|----------------------------------- |  | -------------- |  | ---------------------------- |  | ------------------------------------- | -
|Coastal Banc Holding Company, Inc.  |  | Wilmington, DE |  | Delaware                     |  | 100                                   | %
|Coastal Capital Trust I             |  | Wilmington, DE |  | Delaware                     |  | 100                                   | %
|Coastal Capital Trust II            |  | Wilmington, DE |  | Delaware                     |  | 100                                   | %
|Coastal Banc Mortgage Corp.         |  | Houston, TX    |  | Texas                        |  | 100                                   | %
|Coastal Banc Capital Corp.          |  | Houston, TX    |  | Texas                        |  | 100                                   | %
|CoastalBanc Financial Corp.         |  | Houston, TX    |  | Texas                        |  | 100                                   | %
|Coastal Banc Insurance Agency, Inc. |  | Houston, TX    |  | Texas                        |  | 100                                   | %
|Coastal Banc Investment Corp.       |  | Houston, TX    |  | Texas                        |  | 100                                   | %

---

QuickLinks
<TABLE> <S> <C>

<ARTICLE>                   5
<MULTIPLIER>                1,000
       
<S>                                          <C>
<PERIOD-TYPE>                                12-MOS
<FISCAL-YEAR-END>                            DEC-25-1998
<PERIOD-START>                               DEC-26-1997
<PERIOD-END>                                 DEC-25-1998
<CASH>                                            11,072
<SECURITIES>                                           0
<RECEIVABLES>                                     93,109
<ALLOWANCES>                                           0
<INVENTORY>                                      102,321
<CURRENT-ASSETS>                                 216,727
<PP&E>                                           190,929
<DEPRECIATION>                                         0
<TOTAL-ASSETS>                                   458,410
<CURRENT-LIABILITIES>                             92,101
<BONDS>                                           10,354
<COMMON>                                         320,521
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<OTHER-SE>                                             0
<TOTAL-LIABILITY-AND-EQUITY>                     458,410
<SALES>                                          485,374
<TOTAL-REVENUES>                                 485,374
<CGS>                                            311,067
<TOTAL-COSTS>                                    428,530
<OTHER-EXPENSES>                                   2,852
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                 3,326
<INCOME-PRETAX>                                   50,666
<INCOME-TAX>                                      16,974
<INCOME-CONTINUING>                               33,692
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                      33,692
<EPS-PRIMARY>                                       1.75
<EPS-DILUTED>                                       1.74
        






</TABLE>
[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Notices]
[Page 54954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18552]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1602-DR]


Florida; Amendment No. 4 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
State of Florida (FEMA-1602-DR), dated August 28, 2005, and related 
determinations.

EFFECTIVE DATE: September 6, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal 
Emergency Management Agency, Washington, DC 20472, (202) 646-2705.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident 
period for this disaster is closed effective September 6, 2005.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services Program; 97.034, 
Disaster Unemployment Assistance (DUA); 97.046, Fire Management 
Assistance; 97.048, Individuals and Households Housing; 97.049, 
Individuals and Households Disaster Housing Operations; 97.050 
Individuals and Households Program-Other Needs, 97.036, Public 
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

Michael D. Brown,
Under Secretary, Emergency Preparedness and Response, Department of 
Homeland Security.
[FR Doc. 05-18552 Filed 9-16-05; 8:45 am]
BILLING CODE 9110-10-P
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000919640
<NAME>                        SUPERTEL HOSPITALITY, INC.
<MULTIPLIER>                  1,000
<CURRENCY>                    U.S.
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                  DEC-31-1998 
<PERIOD-START>                     JAN-01-1998
<PERIOD-END>                       DEC-31-1998
<EXCHANGE-RATE>                              1
<CASH>                              11,520,593
<SECURITIES>                                 0
<RECEIVABLES>                        1,428,531
<ALLOWANCES>                                 0
<INVENTORY>                                  0
<CURRENT-ASSETS>                    13,337,533
<PP&E>                             113,530,994
<DEPRECIATION>                      22,122,750
<TOTAL-ASSETS>                     106,238,779
<CURRENT-LIABILITIES>                7,754,553
<BONDS>                             59,223,649
<PREFERRED-MANDATORY>                        0
<PREFERRED>                                  0
<COMMON>                                48,434
<OTHER-SE>                          37,870,790
<TOTAL-LIABILITY-AND-EQUITY>       106,238,779
<SALES>                             51,338,529
<TOTAL-REVENUES>                    51,338,529
<CGS>                                        0
<TOTAL-COSTS>                       29,835,439
<OTHER-EXPENSES>                     9,109,664
<LOSS-PROVISION>                             0
<INTEREST-EXPENSE>                   4,056,558
<INCOME-PRETAX>                      8,361,978
<INCOME-TAX>                         3,344,787
<INCOME-CONTINUING>                  5,017,191
<DISCONTINUED>                               0
<EXTRAORDINARY>                              0
<CHANGES>                                    0
<NET-INCOME>                         5,017,191 
<EPS-PRIMARY>                             1.04 
<EPS-DILUTED>                             1.04      
        


</TABLE>
##### 



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 Viewpoint
Corporation (the Company) on Form 10-K/A for
the period ending December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the
Report), I, Robert E. Rice, President and Chief
Executive Officer of the Company, certify, in accordance with 18
U.S.C. § 1350, as adopted pursuant to § 906
of the Sarbanes-Oxley Act of 2002, that based on my knowledge:



| |                                                                                                                                                                                             
| | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (1) The Report to which this certification
    is attached as an exhibit, 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.                            



| |     |                   
| | --- | ------------------
| | By: | /s/ ROBERT E. RICE

| |                                          
| | -----------------------------------------
| |                                          
| | Robert E. Rice                           
| | President and Chief Executive
    Officer

Dated: June 5, 2003
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.                  

###### Federal Election Commission

# Date and Time: 

Tuesday, September 20, 2005 at 10 a.m.

# Place: 

999 E Street, NW., Washington, DC.

# Status: 

This Meeting Will Be Closed To The Public.

# Items To Be Discussed: 

Compliance matters pursuant to 2 U.S.C. 437g.

Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26, U.S.C. Matters concerning participation in civil actions or proceedings or arbitration. Internal personnel rules and procedures or matters affecting a particular employee.

                        (                        **Note:**                         The Starting Time For The Open Meeting On September 22, 2005 Has Been Changed To 2 p.m.)                    

# Date and Time: 

Thursday, September 22, 2005, at 2 p.m.

# Place: 

999 E Street, NW., Washington, DC (Ninth Floor).

# Status: 

This Meeting Will Be Open To The Public.

# Items To Be Discussed: 

Correction and Approval of Minutes.

Advisory Opinion 2005-11: Friends of Duke Cunningham, by Kenneth Batson, Treasurer.

Advisory Opinion 2005-12: Representative Chaka Fattah, by counsel, Neil Reiff. Draft Notice of Proposed Rulemaking on Definitions of “Solicit” and “Direct.” (11 CFR 300.2(m) and (n)).

Routine Administrative Matters.

# Person To Contact For Information: 

Mr. Robert Biersack, Press Officer, Telephone: (202) 694-1220.

Mary W. Dove,

Secretary of the Commission.

[FR Doc. 05-18409  Filed 9-13-05; 10:30 am]

BILLING CODE 6715-01-M
<PAGE>   1
                                                                    EXHIBIT 23.1




               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement Form
S-8 No. 333-2886 pertaining to the 1985 Stock Incentive Program, the Outside
Directors' Stock Option Plan, the Employee Qualified Stock Purchase Plan and the
1994 Stock Option Plan, Forms S-8 No. 333-52037 and No. 333-89275 pertaining to
the 1994 Stock Option Plan, Form S-8 No. 333-68249 pertaining to the Employee
Qualified Stock Purchase Plan, and Form S-8 No. 333-49906 pertaining to the 1994
Stock Option Plan and the 2000 Nonstatutory Stock Option Plan of Celeritek, Inc.
of our report dated April 30, 2001, with respect to the consolidated financial
statements of Celeritek, Inc. included in this Annual Report on Form 10-K for
the year ended March 31, 2001.

Our audits also included the financial statement schedule of Celeritek, Inc.
listed in Item 14(a). This schedule is the responsibility of the management of
Celeritek, Inc. Our responsibility is to express an opinion based on our audit.
In our opinion, the financial statement schedule referred to above, when
considered in relation to the basic financial information taken as a whole,
presents fairly in all material respects the information set forth therein.


                                            /s/ Ernst & Young LLP
San Jose, California
June 1, 2001
STATE v. PINSON.

No. COA08-31.

Court of Appeals of North Carolina.

Filed October 21, 2008.

Certification Date November 10, 2008.

Appeal from Guilford (07CRS82771, 07CRS24378).

Case reported without published opinion. No error.
<PAGE>

                                                                    EXHIBIT 23.1


                        CONSENT OF INDEPENDENT AUDITORS


The Board of Directors
7/th/ Level, Inc.:


We consent to incorporation by reference in the Registration Statements
(Nos. 333-10335, 333-10339 and 333-10341) on Form S-8 of 7/th/ Level, Inc. of
our report dated February 7, 1997, except for the second paragraph of note 5,
which is as of March 14, 1997, related to the consolidated balance sheets of
7/th/ Level, Inc. as of December 31, 1996 and 1995, and the related consolidated
statements of operations, stockholders' equity, and cash flows and related
schedule for each of the years in the three year period ended December 31, 1996,
which report appears in the December 31, 1996 annual report on Form 10-K of
7/th/ Level, Inc.



                              KPMG Peat Marwick LLP


Dallas, Texas
March 27, 1997