alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
09-0357-pr(L)

Kyler v. Senkowski

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A

SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED

BY THIS COURT’S LOCAL RULE 32.1.1 AND FEDERAL RULE OF APPELLATE PROCEDURE 32.1. 

WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY

MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE

NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY

OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 

At a stated Term of the United States Court of Appeals for the Second Circuit, held at the

Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York,

on the 1 day of December, two thousand ten, st

Present: AMALYA L. KEARSE,

JOHN M. WALKER, JR.,

ROSEMARY S. POOLER,

Circuit Judges.

__________________________________________

SEAN KYLER,

Petitioner-Appellant,

 -v- 09-0357-pr (L), 09-3050-pr (CON)

 

DANIEL SENKOWSKI, Superintendent, 

Clinton Correctional Facility,

Respondent-Appellee.

_________________________________________

Appearing for Appellant: Susan D. Fitzpatrick, Red Hook, NY

Appearing for Appellee: Malancha Chanda (of counsel), for District Attorney, New York

County (Cyrus R. Vance, Jr.)

__________________________________________

Appeal from the United States District Court for the Southern District of New York 

(McKenna, J.).
2

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED,

AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED. 

Appellant Sean Kyler appeals from the denial of a writ of habeas corpus by the district court.

Following a trial by jury, Kyler was convicted of intentional murder, criminal possession of a

weapon in the second and third degrees, and felony-murder. Kyler argues that the jury verdict must

be set aside on the grounds that he was subjected to an unduly suggestive lineup, that the government

obtained an indictment on false, misleading and perjured evidence, and that the evidence was

insufficient to support a conviction for felony-murder. We find Kyler’s arguments to be without

merit and affirm for substantially the reasons stated by the district court.

We have considered all of Kyler’s contentions on this appeal and have found them to be

without merit. Accordingly, the judgment of the district court hereby is AFFIRMED. Appellee’s

motion to supplement the record is DENIED.

FOR THE COURT:

Catherine O’Hagan Wolfe, Clerk
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.                  

###### Office of Management and Budget

# AGENCY:

Office of Management and Budget, Executive Office of the President.

# ACTION:

Notice.

# SUMMARY:

                        By virtue of the authority vested in the President by Section 2(a) of Pub. L. 87-603 (76 Stat. 593; 42 U.S.C. 2652), and delegated to the Director of the Office of Management and Budget by the President through Executive Order No. 11541 of July 1, 1970, the rates referenced below are hereby established. These rates are for use in connection with the recovery from tortiously liable third persons for the cost of inpatient medical services furnished by military treatment facilities through the Department of Defense (DoD). The rates have been established in accordance with the requirements of OMB Circular A-25, requiring reimbursement of the full cost of all services provided. These inpatient medical service rates became effective October 1, 2009, and will remain in effect until further notice. The outpatient medical, dental, and cosmetic surgery rates published on December 15, 2009, remain in effect until further notice. Note that the aforementioned outpatient rates are 2009 rates, and not 2008 as originally published. Pharmacy rates are updated periodically. A full disclosure of all rates is posted at the DoD's Uniform Business Office Web site:                         *http://www.tricare.mil/​ocfo/​mcfs/​ubo/​mhs_​rates/​inpatient.cfm.*

Peter R. Orszag,

Director.

[FR Doc. 2010-10549 Filed 5-4-10; 8:45 am]

BILLING CODE P
AGENDA 

Advisory Board on Radiation and Worker Health – Meeting 129 

Teleconference Meeting 

June 25, 2019 

Teleconference Phone: 866-659-0537 

Participant Code: 9933701 

11:00 a.m. (Eastern Time) Start 

• Roll-call – Mr. Katz, DFO 

• Welcome – POTUS Chair Designee 

• Special Exposure Cohort (SEC) Petition Status Update – Mr. Rutherford, DCAS 

• Updates from Work Groups and Subcommittees (as necessary) – WG/SC Chairs 

• Plans for the August 2019 Board Meeting – All Members 

Adjourn
---

Exhibit 99.10







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 Minera Andes Inc. (the Corporation) on Form 40-F for the twelve month period ended December 31, 2007as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Henry A. John, Chief Financial Officer of the Corporation, certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of 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 Corporation.





|      |                |  |                   |                        
|----- | -------------- |  | ----------------- | -----------------------
|      |                |  | MINERA ANDES INC.
|      |                |  |                   |                        
|Date: | March 31, 2009 |  | By:               | /s/ Henry A. John      
|      |                |  |                   | Henry A. John          
|      |                |  |                   | Chief Financial Officer



A signed original of this written statement required by Rule 13a- 14(b) of the Securities Exchange Act of 1934 and 18 U.S.C. Section 1350 has been provided to Minera Andes, Inc. and will be retained by Minera Andes, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



This certification accompanies the Form 40-F to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Registrant under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Form 40-F), irrespective of any general incorporation language contained in such filing.





---
Exhibit 99.4
 
 
 CERTIFICATE 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 (the “Report”) on the Form 10-Q of Sweetwater Resources, Inc. (the “Company”) for the six months ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof, I, Jaiju  Makiakal, Chief Accounting Officer, Chief Financial Officer
and Director, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:
 
 1. The Quarterly Report fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities and Exchange Act of 1934, as amended; and
 
 2. The information contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
 
 Dated: October 19, 2009
 
 JAIJU MAKIAKAL
 Jaiju Makiakal
 Chief Accounting Officer
 Chief Financial Officer and Director
 
 
 -1-
I 

115TH CONGRESS 

2D SESSION H. R. 5998 

To amend the Public Health Service Act to reauthorize a loan repayment 

program under which health professionals agree to conduct prevention 

activities, as employees of the Centers for Disease Control and Prevention 

and the Agency for Toxic Substances and Disease Registry, in consideration of the Federal Government agreeing to make payments on the 

principal and interest of the educational loans of such health professionals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2018 

Ms. SCHAKOWSKY introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to reauthorize a 

loan repayment program under which health professionals agree to conduct prevention activities, as employees of the Centers for Disease Control and Prevention 

and the Agency for Toxic Substances and Disease Registry, in consideration of the Federal Government agreeing to make payments on the principal and interest of 

the educational loans of such health professionals, 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, 


dlhill on DSK3GLQ082PROD with BILLS
2 

•HR 5998 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securing Experts to 

3 Control, Understand, and Respond to Emergencies Act’’ 

4 or the ‘‘SECURE Act’’. 

5 SEC. 2. IMPROVEMENT OF LOAN REPAYMENT PROGRAM 

6 FOR PREVENTION ACTIVITIES. 

7 Section 317F of the Public Health Service Act (42 

8 U.S.C. Sec. 247b–7) is amended— 

9 (1) in subsection (a)(1)— 

10 (A) by inserting after ‘‘conduct prevention 

11 activities’’ the following: ‘‘, including rapid re12 sponse to major health threats,’’; and 

13 (B) by striking ‘‘$35,000’’ and inserting 

14 ‘‘$50,000’’; 

15 (2) in subsection (a)(2)(B), by striking ‘‘3 

16 years’’ and inserting ‘‘2 years’’; and 

17 (3) in section (c)— 

18 (A) by striking ‘‘1994’’ and inserting 

19 ‘‘2019’’; and 

20 (B) by striking ‘‘1995 through 2002’’ and 

21 inserting ‘‘2020 through 2023’’. 

Æ 


dlhill on DSK3GLQ082PROD with BILLS
[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Notices]
[Page 24971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10437]


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

DEPARTMENT OF JUSTICE

Parole Commission


Public Announcement; Pursuant to the Government in the Sunshine 
Act; (Pub. L. 94-409) [5 U.S.C. Section 552b]

Agency Holding Meeting: Department of Justice, United States Parole 
Commission.

Date and Time: 11:30 p.m., Thursday, May 6, 2010.

Place: U.S. Parole Commission, 5550 Friendship Boulevard 4th Floor, 
Chevy Chase, Maryland 20815.

Status: Closed.

Matters Considered: The following matter will be considered during the 
closed meeting: Consideration of two original jurisdiction cases 
pursuant to 28 CFR 2.27.

Agency Contact: Patricia W. Moore, Staff Assistant to the Chairman, 
United States Parole Commission, (301) 492-5933.

    Dated: April 27, 2010.
Rockne Chickinell,
General Counsel, U.S. Parole Commission.
[FR Doc. 2010-10437 Filed 5-5-10; 8:45 am]
BILLING CODE 4410-31-M
United States Court of Appeals

For the Eighth Circuit 

___________________________

No. 21-2214

___________________________

 

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Geoffrey Seldon Six

lllllllllllllllllllllDefendant - Appellant

____________

Appeal from United States District Court 

for the Southern District of Iowa - Central 

____________

Submitted: January 3, 2022

Filed: January 6, 2022

[Unpublished] 

____________

 

Before LOKEN, SHEPHERD, and STRAS, Circuit Judges.

____________

 

PER CURIAM.

Geoffrey Six pleaded guilty to conspiring to distribute methamphetamine, 21 

U.S.C. § 841(a)(1), 846, and possessing a firearm in furtherance of a drug-trafficking 

crime, 18 U.S.C. § 924(c)(1)(A). In an Anders brief, Six’s counsel suggests that the 
-2- 

sentence is substantively unreasonable. See Anders v. California, 386 U.S. 738 

(1967). A pro se supplemental brief raises several other issues. 

We conclude that Six’s sentence is substantively reasonable. See United 

States v. Feemster, 572 F.3d 455, 461–62 (8th Cir. 2009) (en banc) (reviewing the 

reasonableness of a sentence under “a deferential abuse-of-discretion standard” 

(quotation marks omitted)); United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 

2008) (stating that a within-Guidelines-range sentence is presumptively reasonable). 

The record establishes that the district court1 sufficiently considered the statutory 

sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an improper factor or 

commit a clear error of judgment. See United States v. Larison, 432 F.3d 921, 923–

24 (8th Cir. 2006).

As for the issues raised in Six’s pro se supplemental brief, the district court 

did not plainly err when it declined to apply a mitigating-role reduction or give him

relief under the so-called safety valve. See United States v. Kirlin, 859 F.3d 539, 

543 (8th Cir. 2017) (standard of review). And Six’s ineffective-assistance-ofcounsel claim, to the extent he tries to raise it here, will have to await “collateral” 

review. United States v. Ramirez-Hernandez, 449 F.3d 824, 826–27 (8th Cir. 2006); 

see also App. Br. at 1 (claiming that “[his] lawyer failed to properly represent [him] 

and . . . bring to light [certain] issues”).

Finally, we have independently reviewed the record and conclude that no 

other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). 

We accordingly affirm the judgment of the district court, grant counsel permission 

to withdraw, and deny the pending pro se motion as moot.

______________________________

1

The Honorable Rebecca Goodgame Ebinger, United States District Judge for 

the Southern District of Iowa.
----

----

|                          |
|--------------------------|
|                          |  |  |
| /s/ Adam Histed          |
| Adam Histed, Chairperson |
**Exhibit 10.9.1**

**FIRST AMENDMENT to the**

**Nationwide Financial Services, Inc.**

**1996 Long-Term Equity Compensation Plan**

**Fourth Amended and Restated Version of January 1, 2008**

It is hereby understood and agreed that the NationwideFinancial Services, Inc. 1996 Long-Term Equity Compensation Plan Fourth Amended and Restated Version of January 1, 2008 (“Plan”), is further amended, as follows: 

*Effective February 16, 2009, Section 1.3 is restated as:*

**1.3 Duration of the Plan**.The Plan commenced on the Effective Date, as described in Section 1.1 hereof, and shall remain in effect, subject to the right of the Committee to amend or terminate the Plan at any time pursuant to Article 16 hereof, until all Shares subjectto it shall have been purchased or acquired according to the Plan’s provisions. However, in no event may an Award of Incentive Stock Options be granted under the Plan on or after February 27, 2012. 

*Effective February 16, 2009 the definition of “Committee” is restated as follows:*

**2.9 “Committee”** means the Human Resources Committee of the Nationwide Corporation Board of Directors. 

*Effective February 16, 2009, Section 3.1 is restated as:*

**3.1 The Committee**. The Plan shall beadministered by the Committee. The members of the Committee shall serve at the discretion of the Board of Directors of Nationwide Corporation.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               SEP-30-2000
<CASH>                                          21,948
<SECURITIES>                                         0
<RECEIVABLES>                                    9,075
<ALLOWANCES>                                     1,209
<INVENTORY>                                      1,773
<CURRENT-ASSETS>                                35,982
<PP&E>                                          19,154
<DEPRECIATION>                                   3,072
<TOTAL-ASSETS>                                 126,825
<CURRENT-LIABILITIES>                           18,827
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           219
<OTHER-SE>                                     110,118
<TOTAL-LIABILITY-AND-EQUITY>                   126,825
<SALES>                                         27,378
<TOTAL-REVENUES>                                27,378
<CGS>                                           10,670
<TOTAL-COSTS>                                   10,670
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 618
<INCOME-PRETAX>                               (34,930)
<INCOME-TAX>                                         8
<INCOME-CONTINUING>                           (34,922)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (34,922)
<EPS-BASIC>                                     (1.89)
<EPS-DILUTED>                                   (1.89)


</TABLE>
----

----

| Name of Subsidiary                        | Country of Incorporation |
|-------------------------------------------|--------------------------|
| BluePhoenix Solutions USA Inc.            | United States            |
| Amalgamated Software NA Inc. (ASNA)       | United States            |
| BridgeQuest Inc.                          | United States            |
| BluePhoenix Solutions Nordic, AS          | Denmark                  |
| BluePhoenix Solutions U.K. Limited        | United Kingdom           |
| BluePhoenix Solutions Italia Srl.         | Italy                    |
| Blue Phoenix I-Ter S.p.A.                 | Italy                    |
| BluePhoenix Solutions GmbH                | Germany                  |
| BluePhoenix Solutions B.V.                | The Netherlands          |
| BluePhoenix Solutions Ltd.                | Cyprus                   |
| BluePhoenix Solutions Srl.                | Romania                  |
| BluePhoenix Solutions Co., Ltd.           | Korea                    |
| Liacom Systems Ltd.                       | Israel                   |
| Zulu Software Inc.                        | United States            |
| TIS Consultants Ltd.                      | Cyprus                   |
| BluePhoenix Technologies Ltd.             | Israel                   |
| TISA Software Consultants Private Limited | India                    |

----

----
EXHIBIT 23.1

                        CONSENT OF INDEPENDENT REGISTERED
                        ---------------------------------
                             PUBLIC ACCOUNTING FIRM
                             ----------------------


We hereby consent to the incorporation by reference in this Registration
Statement on Form S-3 (No. 333-113757) of our report dated September 25, 2003
relating to the financial statements which appears in Southern Union Company's
Annual Report on Form 10-K for the year ended June 30, 2003. We also consent to
the reference to us under the heading "Experts" in such Registration Statement.



/s/ PricewaterhouseCoopers LLP

Houston, Texas
June 25, 2004
I 

115TH CONGRESS 

2D SESSION H. R. 6017 

To amend the National Telecommunications and Information Administration 

Organization Act to provide for necessary payments from the Spectrum 

Relocation Fund for costs of spectrum research and development and 

planning activities. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2018 

Mr. GUTHRIE (for himself and Ms. MATSUI) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the National Telecommunications and Information 

Administration Organization Act to provide for necessary 

payments from the Spectrum Relocation Fund for costs 

of spectrum research and development and planning activities. 

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 ‘‘Supplementing the 

5 Pipeline for Efficient Control of The Resources for Users 

6 Making New Opportunities for Wireless Act’’ or the 

7 ‘‘SPECTRUM NOW Act’’. 


SSpencer on DSKBBXCHB2PROD with BILLS
2 

•HR 6017 IH

1 SEC. 2. COSTS OF SPECTRUM RESEARCH AND DEVELOP2 MENT AND PLANNING ACTIVITIES. 

3 Section 118(g) of the National Telecommunications 

4 and Information Administration Organization Act (47 

5 U.S.C. 928(g)) is amended— 

6 (1) in paragraph (1)— 

7 (A) in subparagraph (A), by striking ‘‘; 

8 and’’ and inserting a semicolon; 

9 (B) in subparagraph (B), by striking the 

10 period at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(C) the Director of OMB may make a 

13 payment described in paragraph (2) from 

14 amounts in the Fund other than amounts made 

15 available under subparagraphs (A) and (B) if, 

16 before making the payment, the Director of 

17 OMB, in consultation with NTIA, determines 

18 and submits to the congressional committees 

19 described in subsection (d)(2)(C) a certification 

20 that— 

21 ‘‘(i) the conditions described in sub22 clauses (I) and (II) of paragraph (2)(D)(i) 

23 have been met; 

24 ‘‘(ii) as of the date of the certification, 

25 amounts made available under subpara26 graphs (A) and (B) are insufficient to 


SSpencer on DSKBBXCHB2PROD with BILLS
3 

•HR 6017 IH

1 make the payment requested by the Fed2 eral entity in the plan approved under 

3 paragraph (2)(E) by the Technical Panel 

4 established under section 113(h)(3); and 

5 ‘‘(iii) the payment will leave sufficient 

6 amounts in the Fund to pay the relocation 

7 or sharing costs that will be incurred by el8 igible Federal entities to complete the im9 plementation of all transition plans that, 

10 as of the date of the certification, have 

11 been found sufficient by the Technical 

12 Panel under section 113(h)(4).’’; and 

13 (2) in paragraph (2)(D)(ii), by inserting after 

14 ‘‘60 days’’ the following: ‘‘(or, in the case of a pay15 ment under paragraph (1)(C), 30 days)’’. 

Æ 


SSpencer on DSKBBXCHB2PROD with BILLS