alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John E. MORGAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

No. 71-2927.

United States Court of Appeals, Ninth Circuit.

March 30, 1972.

*1297John E. Morgan, in pro. per.

Bart M. Schouweiler, U. S. Atty., Las Vegas, Nev., Joseph L. Ward, Raymond B. Little, Asst. U. S. Attys., Reno, Nev., for respondent-appellee.

Before HAMLEY, BROWNING and WRIGHT, Circuit Judges.

PER CURIAM:

This is an appeal from a dismissal of a motion under 28 U.S.C. § 2255 to set aside a conviction in February 1971 on two counts of an information charging violation of an injunction entered in December 1968. We affirm.

Appellant was president of a Nevada corporation which encountered difficulties with the Securities and Exchange Commission over the sale of unregistered securities. In a civil action, the district court permanently enjoined appellant and other corporate officers from using the mails to sell corporate stock, unless it was exempted from the provisions of Section 5 of the Securities Act, 15 U.S.C. § 77e.

Nine months later appellant and others were indicted for conspiracy and sale of unregistered stock, and appellant was charged in two counts with offering to sell “certain [unregistered] securities, to wit, promissory notes . . . ” There followed extended delays and pretrial appearances. After a jury had been impaneled, appellant appeared with counsel and agreed with the government to plead guilty to a superseding information charging him in two counts with a violation of the 1968 injunction. The court accepted the plea after a careful inquiry into the voluntariness of the plea.

Appellant now claims that the promissory notes were exempted from registration and that the information failed to charge him with a crime. The district judge denied his § 2255 application without a hearing.

The information stated a crime under 18 U.S.C. § 402 and Morgan’s plea was a binding admission of all facts alleged therein. See *e. g.,*North Carolina v. Alford, 400 U.S. 25, 37, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970); McCarthy v. United States, 394 U.S. 459, 466, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969); Davis v. United States, 347 F.2d 374, 375 (9th Cir. 1965); Thomas v. United States, 290 F.2d 696, 697 (9th Cir. 1961).

The order denying the motion to set aside the convictions is affirmed.
Exhibit 32.1

# CERTIFICATION BY THE
CHIEF EXECUTIVE OFFICER OF
ETS PAYPHONES, INC.
PURSUANT TO SECTION 906 OF
THE SARBANES-OXLEY ACT OF 2002

I,
GUY A. LONGOBARDO, am the Chief Executive Officer of ETS Payphones, Inc. (the
Company).

This
certification is being furnished pursuant to 18 U.S.C. 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, in connection with the
filing of the Companys Quarterly Report on Form 10-QSB for the
quarter ended September 30, 2005 (the Report).

I
hereby certify that to the best of my knowledge:

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

|(b) |  | 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 dates and for the periods covered by the Report.
|--- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: November 14, 2005

| | /s/ GUY A. LONGOBARDO
Guy A. Longobardo
Chief Executive Officer
| | ---------------------------------------------------------------

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

---
I 

111TH CONGRESS 

2D SESSION H. R. 4987 

To use unexpended stimulus funds to replenish the Highway Trust Fund. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2010 

Mr. SCHOCK (for himself and Mrs. LUMMIS) introduced the following bill; 

which was referred to the Committee on Appropriations 

A BILL 

To use unexpended stimulus funds to replenish the Highway 

Trust Fund. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reclaiming Our Amer5 ican Dollars Act’’. 

6 SEC. 2. USE OF UNEXPENDED STIMULUS FUNDS TO RE7 PLENISH HIGHWAY TRUST FUND. 

8 (a) TRANSFER OF FUNDS.—Of the discretionary ap9 propriations made available by division A of the American 

10 Recovery and Reinvestment Act of 2009 (Public Law 111– 

11 5), the unexpended balances on the date of the enactment 


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2 

•HR 4987 IH

1 of this Act shall be transferred to the Highway Trust 

2 Fund established by section 9503 of the Internal Revenue 

3 Code of 1986, to remain available until expended. 

4 (b) EXCEPTIONS.—Subsection (a) shall not apply to 

5 funds made available— 

6 (1) in title IV of such division A under the 

7 heading ‘‘Corps of Engineers—Civil’’; or 

8 (2) in title XII of such division A under the 

9 heading ‘‘Department of Transportation’’. 

Æ 


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Robert MCCAMMITT, Plaintiff, v. GENG CHEN a/k/a Jason Geng Chen, Defendant.

No. COA18-480

Court of Appeals of North Carolina.

Filed: November 6, 2018

DISMISSED.
STATE of North Carolina v. Joshua Shane BAKER

No. 436P18

Supreme Court of North Carolina.

January 30, 2019

Joseph P. Lattimore, Attorney at Law, for Baker, Joshua Shane

Hilda Burnett-Baker, Special Deputy Attorney General, Mike Miller, District Attorney, for State of North Carolina

***ORDER***

*626Upon consideration of the petition filed on the 11th of December 2018 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 30th of January 2019."
STATE of North Carolina v. Rogelio Albino Diaz TOMAS

No. 54P19

Supreme Court of North Carolina.

February 26, 2019

Anton M. Lebedev, Attorney at Law, for Tomas, Rogelio Albino Diaz.

Daniel P. O'Brien, Special Deputy Attorney General, Joseph L. Hyde, Assistant Attorney General, N. Lorrin Freeman, District Attorney, for State of N.C.

***ORDER***

Upon consideration of the petition filed by Defendant on the 11th of February 2019 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the Superior Court, Wake County:

"Denied by order of the Court in conference, this the 26th of February 2019."
<PAGE>

                                                                    Exhibit 21.1
<Table>
<Caption>
Name                                                      State of Incorporation
----                                                      ----------------------
<S>                                                         <C>
Blue Falcon Forge, Inc.                                          Pennsylvania
Castle Rubber Company                                            Pennsylvania
Cicero Flexible Products, Inc.                                        Ohio
General Aluminum Mfg. Company                                         Ohio
Geneva Rubber Company                                                 Ohio
IEW, Inc.                                                           Illinois
ILS Technology, LLC                                                   Ohio
Integrated Holding Company                                            Ohio
Integrated Logistics Company of Canada                            Nova Scotia
Integrated Logistics Holding Company                                  Ohio
Integrated Logistics Solutions, Inc.                                  Ohio
Integrated Logistics Solutions LLC (1)                                Ohio
Trickeration, Inc.                                                    Ohio
Park-Ohio Industries, Inc. (2)                                        Ohio
Pharmaceutical Logistics, Inc.                                        Ohio
PMC - Colinet, Inc.                                                   Ohio
PMC Industries Corp.                                                Ohio
Precision Machining Connection LLC (3)                                Ohio
RB&W Corporation of Canada                                          Ontario
RB&W Manufacturing LLC (4)                                            Ohio
The Ajax Manufacturing Company (5)                                    Ohio
Tocco, Inc. (6)                                                     Alabama
Park-Ohio Forged & Machined Products LLC (7)                          Ohio
Pharmacy Wholesale Logistics, Inc.                                    Ohio
</Table>

(1) Doing business as RB&W Logistics, Arden Fasteners, Gateway Industrial
    Supply, Free Gate and Georgia Industrial Fasteners

(2) Doing business as Park Drop Forge, Ohio Crankshaft and Park-Ohio Forged &
    Machined Products

(3) Doing business as PMC Industries and M.P. Colinet

(4) Doing business as Delo Screw Products, Green Bearing, RB&W Manufacturing,
    Sabina Mfg., and American Fasteners

(5) Doing business as Ajax Technologies and Forging Development

(6) Doing business as FECO

(7) Doing business as St. Louis Screw and Bolt
#### STATE OF NORTH CAROLINA v. JOHN ROSS GRAY

No. 7221SC809

(Filed 20 December 1972)

Criminal Law § 23— plea of guilty

Defendant’s plea of guilty to second degree murder was freely, understandingly and voluntarily entered, without undue influence, compulsion or duress, and without promise of leniency.

Appeal by defendant from *Gambill, Judge,*8 May 1972 Session of Superior Court held in Forsyth County.

Defendant was charged in a bill of indictment, proper in form, with the felony of murder. At the 1 May 1972 Session of Superior Court held in Forsyth County, defendant was convicted of murder in the first degree. The jury did not recommend that punishment be by imprisonment for life. On 5 May 1972, Judge Chess, the presiding judge, upon defendant’s motion, set the verdict aside as being contrary to the weight of the evidence. During the second week of the 8 May 1972 Session, defendant was arraigned before Judge Gambill at which time he entered a plea of guilty to second degree murder. Judge Gambill sentenced defendant to imprisonment for a term of not less than 25 nor more than 30 years. Defendant appealed.

*Attorney General Morgan, by Assistant Attorney General Banks, for the State.*

*Whicker, Vannoy & Moore, by J. Gary Vannoy and Hoio-ard C. Colvard, Jr., for the defendant.*

BROCK, Judge.

Defendant argues that his plea of guilty was not freely and voluntarily entered. Counsel’s arguments have been ingenious but we are not convinced. The Assistant Attorney General clearly and concisely answered each argument. We see no purpose to be served in discussing them seriatim.

The record clearly and fully supports the judge’s findings that the plea of guilty was freely, understandingly and voluntarily entered, without undue influence, compulsion or duress, and without promise of leniency.

*132We have further examined the face of the record proper and conclude that no prejudicial error appears.

No error.

Judges Campbell and Graham concur.
TRUNORTH WARRANTY PLANS OF NORTH AMERICA, LLC, et al. v. GATEWAY MANAGEMENT SERVICES, LTD.

40A19-1

Supreme Court of North Carolina.

January 25, 2019

Hayden J. Silver, III, Attorney at Law, Raymond M. Bennett, Attorney at Law, Raleigh, for TruNorth Warranty Plans of North America, LLC, et al.

Ellis B. Drew, III, Attorney at Law, Winston-Salem, for Gateway Management Services, Ltd.

The following order has been entered on the joint motion filed on the 24th of January 2019 for Extension of Time to File Record on Appeal:

> "Motion Allowed by order of the Court in conference, this the 25th of January 2019."

Appellant shall have up to and including the 12th day of February 2019 to serve his/her *413proposed record upon the district attorney. The parties shall then proceed to settle and file the record on appeal pursuant to the provisions of Appellate Rules 11 and 12.
[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Page 60542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20730]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; Notice of Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of 
the Sickle Cell Disease Advisory Committee.
    The meeting will be open to the public, with attendance limited to 
space available. Individuals who plan to attend and need special 
assistance, such as sign language interpretation or other reasonable 
accommodations, should notify the Contact Person listed below in 
advance of the meeting.

    Name of Committee: Sickle Cell Disease Advisory Committee.
    Date: November 7, 2005.
    Time: 8:30 a.m. to 4 p.m.
    Agenda: Discussion of Program policies and issues.
    Place: National Institutes of Health, 6701 Rockledge Drive, Room 
9112, Bethesda, MD 20892.
    Contact Person: Robert B. Moore, PhD, Health Scientist 
Administrator, Blood Diseases Program, Division of Blood Disease and 
Resources, National Heart, Lung, and Blood Institute, NIH, 6701 
Rockledge Drive, Room 10162, Bethesda, MD 20892, 301/435-0050.
    Any interested person may file written comments with the 
committee by forwarding the statement to the Contact Person listed 
on this notice. The statement should include the name, address, 
telephone number and when applicable, the business or professional 
affiliation of the interested person.
    Information is also available on the Institute's/Center's home 
page: http://www.nhlbi.nih.gov/meetings/index.htm, where an agenda 
and any additional information for the meeting will be posted when 
available.
(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS).


    Dated: October 6, 2005.
Anthony M. Coelho, Jr.,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-20730 Filed 10-17-05; 8:45 am]
BILLING CODE 4140-01-M
I 

111TH CONGRESS 

2D SESSION H. R. 4901 

To repeal the Patient Protection and Affordable Care Act. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2010 

Mr. MORAN of Kansas introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committees 

on Appropriations, Ways and Means, Education and Labor, the Judiciary, Natural Resources, House Administration, and Rules, 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 the Patient Protection and Affordable Care Act. 

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. 

4 Effective as of the enactment of the Patient Protec5 tion and Affordable Care Act, such Act is repealed, and 

6 the provisions of law amended or repealed by such Act 

7 are restored or revived as if such Act had not been en8 acted. 

Æ 


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II 

111TH CONGRESS 

2D SESSION H. R. 4938 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2010 

Received 

AN ACT 

To permit the use of previously appropriated funds to extend 

the Small Business Loan Guarantee Program, 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, 


jbell on DSKDVH8Z91PROD with BILLS
2 

HR 4938 RDS

1 SECTION 1. EXTENSION OF SMALL BUSINESS LOAN GUAR2 ANTEE PROGRAM. 

3 (a) AUTHORITY TO USE FUNDS.—Up to $40,000,000 

4 of the amount made available under the heading ‘‘Small 

5 Business Administration—Business Loans Program Ac6 count’’ in title V of division C of the Consolidated Appro7 priations Act, 2010 (Public Law 111–117) also may be 

8 utilized for fee reductions and eliminations under section 

9 501 of title V of division A of the American Recovery and 

10 Reinvestment Act of 2009 (Public Law 111–5) and for 

11 the cost of guaranteed loans under section 502 of such 

12 title. Such costs, including the cost of modifying such 

13 loans, shall be as defined in section 502 of the Congres14 sional Budget Act of 1974. 

15 (b) EXTENSION OF SUNSET DATE.—Section 502(f) 

16 of title V of division A of the American Recovery and Rein17 vestment Act of 2009 (Public Law 111–5) is amended by 

18 striking ‘‘March 28, 2010’’ and inserting ‘‘April 30, 

19 2010’’. 

Passed the House of Representatives March 25, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Centers for Disease Control and Prevention 

# AGENCY:

Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). 

# ACTION:

Notice. 

# SUMMARY:

The Department of Health and Human Services (HHS) gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees at the Ames Laboratory, on the Iowa State University Campus, Ames, Iowa, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows: 

Facility: Ames Laboratory, on the Iowa State University Campus, and/or AEC/DOE facilities, including Annex 1, the ‘old’ women's gymnasium, ‘Little Ankeny’, Chemistry Building, Wilhelm Hall. 

Location: Ames, Iowa. 

Job Titles and/or Job Duties: All scientists, production workers, technicians, salaried graduate students, physical plant workers, maintenance, administrative and support staff and subcontracted workers. 

Period of Employment: January 1, 1942 through December 31, 1955. 

# FOR FURTHER INFORMATION CONTACT:

                        Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health, 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to                         *OCAS@CDC.GOV.*

Dated: October 11, 2005. 

John Howard, 

Director, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention. 

[FR Doc. 05-20716 Filed 10-14-05; 8:45 am] 

BILLING CODE 4163-19-P
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 14

- 00579

- CV

Jay Kay BEAR Ltd, Appellant

v.

Patty MARTIN

, Appellee

From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2011

- CI

- 11890 Honorable Cathleen M. Stryker, Judge Presiding

BEFORE CHIEF JUSTICE MARION

, JUSTICE ANGELINI , AND JUSTICE PULLIAM

In accordance with this court’s opinion of this date, the appeal is dismissed for lack of subject matter jurisdiction. With regard to the issues raised in the cross

- appe al, the trial court’s judgment and declaratory judgment are affirmed. Costs are assessed against the party who

incurred them.

SIGNED November 4 , 2015.

_____________________________ Jason Pulliam, Justice
**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 HPIL HOLDING(the “Company”) on Form 10-Q for the quarterly period ended September  30, 2012,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 adoptedpursuant 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 |
|                    |
| November 19, 2012       |

 

 

 

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.
<PAGE>

                                   EXHIBIT 32

                            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 Intermountain Community Bancorp (the
"Company") on Form 10-Q for the period ending June 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), we, Curt
Hecker, Chief Executive Officer, and Doug Wright, Chief Financial Officer,
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.

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.

Date: August 10, 2005

/s/  Curt Hecker                                   /s/ Doug Wright
-----------------------------                      -----------------------------
Curt Hecker                                        Doug Wright
Chief Executive Officer                            Chief Financial Officer