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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 00-4123

JOHN ALVIN DAVIS,

Defendant-Appellant.

Appeal from the United States District Court

for the District of South Carolina, at Columbia.

Dennis W. Shedd, District Judge.

(CR-97-725-DWS)

Submitted: July 20, 2000

Decided: August 2, 2000

Before MURNAGHAN, LUTTIG, and KING, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

John H. Hare, Assistant Federal Public Defender, Columbia, South

Carolina, for Appellant. J. Rene Josey, United States Attorney, Eric

Wm. Ruschky, Assistant United States Attorney, Columbia, South

Carolina, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
OPINION

PER CURIAM:

John Alvin Davis appeals his conviction and amended sentence for

failing to stop when signaled by a United States Army Military Police

vehicle by means of a siren and flashing light, in violation of S.C.

Code Ann. § 56-5-750 (Law. Co-op. Supp. 1999), and the district

court's order denying Davis' motion to reconsider the restitution portion of the previously imposed sentence.* Finding no reversible error,

we affirm.

Davis raises only one issue on appeal, claiming that the issue of

restitution was contemplated as a sentencing issue on remand.

Because Davis failed to contest the restitution order in his first appeal,

however, he has waived the issue under the mandate rule, which

"forecloses litigation of issues decided by the district court but foregone on appeal or otherwise waived, for example because they were

not raised in the district court." United States v. Bell, 5 F.3d 64, 66

(4th Cir. 1993). After reviewing the record, we find that none of the

exceptions to the mandate rule apply. See id. at 67.

Accordingly, we affirm the district court's order denying Davis'

motion to reconsider the restitution portion of the previously imposed

sentence and affirm Davis' conviction and amended sentence. 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

_________________________________________________________________

*On July 13, 1999, this court remanded this case for resentencing pursuant to S.C. Code Ann. § 56-5-750(B)(2) (Law. Co-op. Supp. 1999).

See United States v. Davis, 184 F.3d 366 (4th Cir. 1999).

 2
[Federal Register Volume 70, Number 199 (Monday, October 17, 2005)]
[Notices]
[Page 60382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20644]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i> 10211]


Disaster <greek-i> ZZ-00001; The Entire United States and U.S. 
Territories

AGENCY: Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a notice of the Military Reservist Economic Injury 
Disaster Loan Program (MREIDL), dated October 1, 2005.
    Effective Date: October 1, 2005.
    MREIDL Loan Application Deadline Date: 90 days after the essential 
employee is discharged or released from active duty.

ADDRESSES: Submit completed loan applications to: Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, Small Business Administration, 409 3rd Street, Suite 6050, 
Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
Public Law 106-50, the Veterans Entrepreneurship and Small Business 
Development Act of 1999, this notice establishes the application filing 
period for the Military Reservist Economic Injury Disaster Loan 
Program.
    Effective October 1, 2005, small businesses employing military 
reservists may apply for economic injury disaster loans if those 
employees are called up to active duty during a period of military 
conflict existing on or after March 24, 1999 and those employees are 
essential to the success of the small business daily operations.
    The purpose of the Military Reservist Economic Injury Disaster Loan 
Program (MREIDL) is to provide funds to eligible small businesses to 
meet its ordinary and necessary operating expenses that it could have 
met, but is unable to meet, because an essential employee was called-up 
to active duty in their role as a military reservist. These loans are 
intended only to provide the amount of working capital needed by a 
small business to pay its necessary obligations as they mature until 
operations return to normal after the essential employee is released 
from active duty.
    Applications for the Military Reservist Economic Injury Disaster 
Loan Program may be filed at the address listed above or other locally 
announced locations.
    The Interest Rate for eligible small businesses is 4.000.
    The number assigned is 10211 0.

(Catalog of Federal Domestic Assistance Number 59002)
Herbert L. Mitchell,
Associate Administrator for Disaster Assistance.
[FR Doc. 05-20644 Filed 10-14-05; 8:45 am]
BILLING CODE 8025-01-P
Exhibit 31.2
 Certification of Chief Financial Officer
Pursuant to
Section 302 of the Sarbanes-Oxley Act of 2002
  1.
    
    I have reviewed this Amendment No. 1 to Annual Report on Form 10-K/A of Maxygen, Inc.;2.
    
    Based on my knowledge, this 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 statements were made, not misleading with
respect to the period covered by this report;
 Date:  October 24, 2008
    /s/ Lawrence W. BriscoeLawrence W. BriscoeChief Financial Officer
# Fourth Court of Appeals

**San Antonio, Texas**

April 29, 2013

N o. 04

- 12

- 00238

- CR

Kimberly Clark SAENZ

, Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 217th District Court, Angelina County, Texas

Trial Court No. CR28665

The Honorable Barry R. Bryan, Judge Presiding



### ORDER

We grant the State’s motion for extension of time. We order the State to file its brief by

July 15, 2013 . Counsel is advised that no further extensions of time will be granted absent a

showing of extraordinary circumstances

.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 29th day of April, 2013

.

___________________________________ Keith E. Hottle

Clerk of Court
#### IN THE MATTER OF: DOW BONDING COMPANY, ERNEST DOW, RAY SMITH, GENE EDISON and FREDDIE M. (FLIP) DOW

No. 7227DC790

(Filed 22 November 1972)

Arrest and Bail § 11— order forbidding appellants to execute bail bonds — absence of notice and hearing

Order entered by the chief district court judge *sua sponte*forbidding appellants from executing bail bonds, without notice to appellants and without their having the opportunity to appear and be heard, is void.

On *certiorari*from an order of *Bulwinkle, Chief District Judge,*entered at the 19 April 1972 Session of District Court held in Gaston County.

On 19 April 1972, the Chief District Judge of the 27th Judicial District entered an order which, among other things, expressly forbade the execution of bail bonds by petitioners to *650secure the appearance of anyone in the district courts of the 27th Judicial District or to secure the compliance by any person with any order of a district court of that district.

*Attorney General Robert Morgan by John M. Silverstein, Associate Attorney for the State.*

*Hollowell, Stott & Hollow ell; Frank P. Cooke and Steve B. Dolley, Jr., by Grady B. Stott for petitioner appellants.*

VAUGHN, Judge.

The judge issued the order *sua sponte*without due notice to petitioners or appropriate opportunity to appear and be heard. The order is void. *State v. Parish,*254 N.C. 301, 118 S.E. 2d 786; *In re Wilson,*13 N.C. App. 151, 185 S.E. 2d 323. The order is vacated.

Vacated.

Judges Hedrick and Graham concur.
i i i i i i



### MEM ORA ND UM OP INION No s. 04 -1 0- 00 13 3- CR & 04 -1 0- 00 13 4- CR

Fr ank TORRE S , Appellant
v . T h e STA TE of

Te xas, Appellee Fr om the 186th J udicial District Court, Be x ar County , Texas Trial Court Nos. 1996CR0616 & 2003CR6882 Honora ble Pat Priest, J udg e Presiding PER C URI AM Sitt ing: Catherine Stone, Chief Justice

Kar en Ang elini, J ustice Sandee B ry an Mar ion, J ustice Deliver ed and F iled: March 3, 2010 DI SMI SSED Fr ank Torre s filed notices of appea l in eac h of the under ly ing c auses se eking to appea l the trial court’ s judgme nts that imposed twenty -y ear concur rent sente nces on Aug ust 4, 2008. I n appea l
numbe r 0 4- 10 -0 01 34 -C R, the jud g me nt w a s in a c c or da nc e wi th To rres ’s ple a

ba rg a in a g re e me nt,
and the re c or d d oe s n ot c on ta in a tr ia l c ourt ’s c e rt if

ic a tio n s ho wi ngTo rr e s has the ri g ht o f a pp e a l. Acc ording ly , appea l number 04-10- 00134-CR is dis missed. See T EX . R. A PP . P. 25.2(d).04
- 10
- 00 13 3- CR & 04
- 10
- 00 13 4- CR

- 2- I n appea l number 04-10- 00133-CR, the notice of a ppeal wa s require d to be filed by September 3, 2008; howe ver, the notice of a ppea l was not filed in the trial c ourt until J anuar y 25, 2 0 1 0
. T h i s c o u rt l a c k s j u r i s d i c t i o n o v e r an a p p e a l o f a c r i m i n a l c o n v i c t i o ni nt h e a b s e n c e o f a t i m e l y, written notice of

appea l. Se e Ol iv o v . S

tate , 9 18 S.W. 2d

51 9, 52 2 ( Te x. Cr im. Ap p. 19 96 ); se e als o At e r v . E igh th C

ou rt o f A pp e als , 802 S.W .2d 241 (Tex. Crim. App. 1991) (out-of- time appea l from final fe lony

conviction may be soug ht by filing a writ of habea s corpus pursuant to article 11.07 of the Te xas C od e of

Cr imi na l Pr oc e dure ); Ap t v . S tate , No. 04-03-00885- CR, 2004 W L730832, at *1 (T e x. Ap p. —Sa

n A nto nio Ap r. 7, 20 04 , n o p e t.) (u nli ke ru le in c ivi l c a se s, no tic e of a pp e a l file d w ith appellate court in cr iminal case is not dee med fil ed t h e s ame day with the trial court c lerk) ( not desig nated f

or publ ication). Acc ording ly , appea l number 04-10- 00133-CR is dis missed for lac k of jurisdiction. PER C URI AM DO NOT PUBL I SH
**Exhibit 32.1 **

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

I, Nandan M. Nilekani, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Infosys Technologies Limited on Form 20-F for the year ended March 31, 2006, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that information contained in such Annual Report on Form 20-F fairly presents in all material respects the financial condition and results of operations of Infosys Technologies Limited. 

Date: April 28, 2006

    /s/ NANDAN M. NILEKANI 

  Nandan M. Nilekani   Chief Executive Officer
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5007 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5007

To authorize the Administrator of the Small Business Administration to 
make grants to assist small business concerns located in areas affected 
   by a major disaster and high unemployment, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2010

  Mr. Langevin (for himself and Mr. Kennedy) introduced the following 
      bill; which was referred to the Committee on Small Business

_______________________________________________________________________

                                 A BILL

 
To authorize the Administrator of the Small Business Administration to 
make grants to assist small business concerns located in areas affected 
   by a major disaster and high unemployment, and for other purposes.

    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 ``Small Business Disaster Assistance 
Grant Program Act of 2010''.

SEC. 2. GRANT PROGRAM.

    (a) Authority.--The Administrator of the Small Business 
Administration is authorized to make grants to assist covered small 
businesses.
    (b) Maximum Grant Amount.--A grant made under subsection (a) shall 
be in an amount not exceeding $25,000.
    (c) Termination.--The Administrator is authorized to make grants 
under subsection (a) during the 2-year period beginning on the date of 
enactment of this Act.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.
    (e) Definitions.--In this section, the following definitions apply:
            (1) Covered small business.--The term ``covered small 
        business'' means a small business concern located, on the date 
        a grant is made to such concern under subsection (a)--
                    (A) in a State with an unemployment rate that 
                exceeds the unemployment rates of at least 75 percent 
                of all other States, as determined by the 
                Administrator; and
                    (B) in an area for which the President has 
                declared, during the 2-year period preceding such date, 
                a major disaster under section 401 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5170).
            (2) Small business concern.--The term ``small business 
        concern'' has the meaning given such term under section 3(a) of 
        the Small Business Act (15 U.S.C. 632(a)).
            (3) State.--The term ``State'' means any of the 50 States 
        and the District of Columbia.
                                 <all>
```
IN THE COURT OF APPEALS OF IOWA

No. 15

- 0986

Filed May 11, 2016

STATE OF IOWA,

Plaintiff

- Appellee,

vs.

DEWAYNE CURTIS VESEY

, Defendant

- Appellant.

________________________________________________________________

Appeal from the Iowa District Court for Scott County, Mark R. Fowler

,

District Associate Judge.

Dewayne Vesey appeals the district court’s denial of his motion to

suppress and his subseq uent conviction and sentence for possession of

marijuana

. AFFIRMED.

Courtney T. Wilson of Gomez May, L.L.P.

, Davenport , for appellant.

Thomas J. Miller, Attorney General, and Jean C. Pettinger , Assistant

Attorney General, for appellee.

Considered by Potterfield, P.J., and Mullins and McDonald, JJ.2

MULLINS, Judge.

Affirmed without opinion pursuant to Iowa Rule of A ppellate Procedure

6.1203(a), (d ).

AFFIRMED.
60604 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices 

DEPARTMENT OF THE TREASURY 

United States Mint 

Senior Executive Service Combined 

Performance Review Board 

AGENCY: United States Mint, Treasury 

Department. 

ACTION: Notice of appointment of 

members to the Combined Performance 

Review Board. 

SUMMARY: Pursuant to 5 U.S.C. 

4314(c)(4), this notice announces the 

appointment of members of the 

Combined Performance Review Board 

(Board) for the United States Mint, the 

Financial Management Service (FMS), 

the Bureau of Public Debt (BPD), the 

Bureau of Engraving and Printing (BEP) 

and the Alcohol and Tobacco Tax and 

Trade Bureau (TTB). The Combined 

PRB reviews the performance appraisals 

of career senior executives below the 

level of bureau head and principal 

deputy in the five bureaus, except for 

executives below the Assistant 

Commissioner level in the FMS. The 

Combined PRB makes recommendations 

regarding proposed performance 

appraisals, ratings, bonuses and other 

appropriate personnel actions. 

Composition of Combined PRB 

The Combined PRB shall consist of at 

least three voting members. In case of an 

appraisal of a career appointee, more 

than half of the members shall consist 

of career appointees. The names and 

titles of the Combined PRB members are 

as follows: 

Primary Members 

Jerry Horton, Associate Director, Chief 

Information Officer (Acting Deputy 

Director, United States Mint). 

John Manfreda, Administrator, TTB. 

Pamela J. Gardiner, Associate Director 

(Management), BEP. 

Cynthia Z. Springer, Assistant 

Commissioner (Office of Information 

Technology), BPD. 

Judy Tillman, Assistant Commissioner, 

Regional Operations, FMS. 

Alternate Members 

Marcia Coates, Senior Advisor, United 

States Mint. 

James Martin Mills, Assistant 

Commissioner, Debt Management 

Services, FMS. 

Gregory D. Carper, Associate Director, 

CFO, BEP. 

John R. Swales, Assistant Commissioner 

(Office of Securities Operations), BPD. 

Vicky McDowell, Deputy Administrator, 

TTB. 

DATES: Membership is effective on 

September 30, 2005. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Horton, Associate Director, Chief 

Information Officer (Acting Deputy 

Director, United States Mint), United 

States Mint, 801 9th Street, NW., 

Washington, DC 20220. Telephone 

Number: (202) 772–7000. 

This notice does not meet the 

Department’s criteria for significant 

regulations. 

Dated: October 12, 2005. 

Jerry Horton, 

Associate Director, Chief Information Officer, 

(Acting Deputy Director), United States Mint. 

[FR Doc. 05–20828 Filed 10–17–05; 8:45 am] 

BILLING CODE 4810–37–P
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

October 31, 2006 Clifford W. Taylor,

 Chief Justice 

131659 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 131659 

 COA: 268321 

Genesee CC: 04-014152-FH 

ANDRE NICHOLAS ROHNER,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the June 2, 2006 order of 

the Court of Appeals is considered, and it is DENIED, because we are not persuaded that 

the questions presented should be reviewed by this Court. 

p1023 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 31, 2006 

 Clerk
**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 HPILHOLDING (the “Company”) on Form 10-Q for the quarterly period ended June 30,2013, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Louis Bertoli, hereby 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 as  of the date and for the periods expressed in the Report. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| */s/ Louis Bertoli*     |
|-------------------------|
| Louis Bertoli           |
| Chief Executive Officer |
|                    |
| August 19, 2013         |

 

 

 

The foregoing certification is being furnished solelypursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Reportor as a separate disclosure document.
[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Notices]
[Page 61317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21070]


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

NATIONAL SCIENCE FOUNDATION


Proposal Review Panel for Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463 as amended), the National Science Foundation announces the 
following meeting:

    Name: Proposal Review Panel for Materials Research 
<greek-i>1203.
    Dates and Times: November 3, 2005; 7:45 a.m.-6:30 p.m. (open 
7:45-12:30, 1:30-5/closed 5-6:30). November 4, 2005; 8 a.m.-2:30 
p.m. (closed).
    Place: Florida A&M University, Tallahassee, Florida.
    Type of Meeting: Part Open.
    Contact Person: Dr. Ulrich Strom, Program Director, Materials 
Research Science and Engineering Centers, Division of Materials 
Research, Room 1065, National Science Foundation, 4201 Wilson 
Boulevard, Arlington, VA 22230, Telephone (703) 292-4938.
    Purpose of Meeting: To provide advice and recommendations 
concerning progress of the Partnership for Research and Education in 
Materials.
    Agenda: November 3, 2005--Open for Directors overview of the 
Partnership for Research and Education in Materials.
    November 4, 2005--Closed to review and evaluate progress of the 
Partnership for Research and Education in Materials.
    Reason for Closing: The work being reviewed may include 
information of a proprietary or confidential nature, including 
technical information; financial data, such as salaries and personal 
information concerning individuals associated with the proposals. 
These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the 
Government in the Sunshine Act.

    Dated: October 8, 2005.
Susanne Bolton,
Committee Management Officer.
[FR Doc. 05-21070 Filed 10-20-05; 8:45 am]
BILLING CODE 7555-01-M