alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

LUIS ENRIQUE MEJIA-CALDERON,

 Defendant - Appellant.

No. 14-10292

D.C. No. 2:12-cr-00039-TLN

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Troy L. Nunley, District Judge, Presiding

Submitted May 13, 2015** 

Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges. 

Luis Enrique Mejia-Calderon appeals from the district court’s judgment and

challenges his guilty-plea conviction and 108-month aggregate sentence for three

counts of illegal use of a communication facility, in violation of 21 U.S.C.

§ 843(b). Pursuant to Anders v. California, 386 U.S. 738 (1967), Mejia-Calderon’s

FILED

MAY 18 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
counsel has filed a brief stating that there are no grounds for relief, along with a

motion to withdraw as counsel of record. We have provided Mejia-Calderon the

opportunity to file a pro se supplemental brief. No pro se supplemental brief or

answering brief has been filed.

Mejia-Calderon waived his right to appeal his conviction and sentence. Our

independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80

(1988), discloses no arguable issue as to the validity of the waiver. See United

States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss

the appeal. See id. at 988. 

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 14-10292
[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Notices]
[Page 12400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-985]



[[Page 12400]]

=======================================================================
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ELECTION ASSISTANCE COMMISSION


Sunshine Act Notice

AGENCY: United States Election Assistance Commission (EAC).

ACTION: Notice of Public Meeting Roundtable Discussion.

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

Date & Time: Wednesday, March 19, 2008, 9 p.m.-2 p.m. (MST).

Place: Hyatt Regency Denver, 650 15th Street, Denver, CO 80202, (303) 
436-1234.

Agenda: The Commission will host a voting systems testing laboratory 
roundtable discussion regarding the Technical Guidelines Development 
Committee's (TGDC) recommended voluntary voting system guidelines 
(VVSG). The discussion will be focused upon the following topics: (1) 
Whether the recommended TGDC standards create appropriate functional 
standards that promote innovation; (2) How to evaluate innovative 
systems, for which there are no standards for purposes of 
certification; (3) The value and risks associated with Open Ended 
Vulnerability Testing; (4) The processes associated with testing to the 
VVSG and possible modifications; (5) The implications of the 
recommended usability benchmarks on the testing laboratories; (6) The 
cost implications of the proposed VVSG.
    This Meeting Will Be Open To The Public.

Person To Contact For Information: Matthew Masterson, Telephone: (202) 
566-3100.

Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
[FR Doc. 08-985 Filed 3-4-08; 4:20 pm]
BILLING CODE 6820-KF-M
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1567 Enrolled Bill (ENR)]

        S.1567

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                                 An Act

 
To designate the United States courthouse located at 223 Broad Avenue in 
     Albany, Georgia, as the ``C.B. King United States Courthouse''.

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

SECTION 1. DESIGNATION.

    The United States courthouse located at 223 Broad Avenue in Albany, 
Georgia, shall be known and designated as the ``C.B. King United States 
Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States courthouse referred to 
in section 1 shall be deemed to be a reference to the ``C.B. King 
United States Courthouse''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1516 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                S. 1516

_______________________________________________________________________

                                 AN ACT

 
 To amend title III of the Stewart B. McKinney Homeless Assistance Act 
    (42 U.S.C. 11331 et seq.) to reauthorize the Federal Emergency 
      Management Food and Shelter Program, 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. AUTHORIZATION OF APPROPRIATIONS.

    Section 322 of the Stewart B. McKinney Homeless Assistance Act (42 
U.S.C. 11352) is amended to read as follows:

``SEC. 322. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
$125,000,000 for fiscal year 2000, $130,000,000 for fiscal year 2001, 
and $135,000,000 for fiscal year 2002.''.

SEC. 2. NAME CHANGE TO NOMINATING ORGANIZATION.

    Section 301(b) of the Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11331(b)) is amended by striking paragraph (5) and inserting 
the following:
            ``(5) United Jewish Communities.''.

SEC. 3. PARTICIPATION OF HOMELESS INDIVIDUALS ON LOCAL BOARDS.

    Section 316(a) of the Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11346(a)) is amended by striking paragraph (6) and inserting 
the following:
            ``(6) guidelines requiring each local board to include in 
        their membership not less than 1 homeless individual, former 
        homeless individual, homeless advocate, or recipient of food or 
        shelter services, except that such guidelines may waive such 
        requirement for any board unable to meet such requirement if 
        the board otherwise consults with homeless individuals, former 
        homeless individuals, homeless advocates, or recipients of food 
        or shelter services.''.

            Passed the Senate November 19, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                S. 1516

_______________________________________________________________________

                                 AN ACT

 To amend title III of the Stewart B. McKinney Homeless Assistance Act 
    (42 U.S.C. 11331 et seq.) to reauthorize the Federal Emergency 
      Management Food and Shelter Program, and for other purposes.
```
EXHIBIT 32.1
                CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,
                      AS ADOPTED PURSUANT TO SECTION 906
                       OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the  Quarterly  Report  of  Triangle Alternative  Network
Incorporated (the "Company") on Form 10-Q for the quarter  ended  September 30,
2008, as filed with the Securities and Exchange Commission on or about the date
hereof  (the  "Report"),  I, Vince Vellardita, Chief Executive Officer  of  the
Company, certify, pursuant  to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec.
906 of the Sarbanes-Oxley Act of 2002, that:

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

(2)     Information  contained  in the Report fairly presents, in all  material
respects, the financial condition and results of operations of the Company.


Dated: January 6, 2009		/s/ Vince Vellardita
				-----------------------
                         	By: Vince Vellardita
                         	Its: Chief Executive Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6949

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROBERT NEWSOME, a/k/a Nu Nu,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert J. Staker, Senior

District Judge. (CR-92-79, CA-96-190-3)

Submitted: November 7, 1996 Decided: November 20, 1996

Before RUSSELL and WIDENER, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Robert Newsome, Appellant Pro Se. Paul Thomas Farrell, Assistant

United States Attorney, Huntington, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying his

motion filed under 28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-

132, 110 Stat. 1214. We have reviewed the record and the district

court's opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of

the district court. United States v. Newsome, Nos. CR-92-79; CA-96-

190-3 (S.D.W. Va. May 24, 1996). 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
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA

v.

FREDDY MCCUTCHEN

PETITION OF: DEFENDER ASSOCIATION

OF PHILADELPHIA :

:

:

:

:

:

:

:

:

:

: No. 55 EM 2020

O RDER

PER CURIAM

AND NOW, this 18th day of November , 2020

, upon consideration of the

Application to Accept for Filing a Timely Submitted Petition for Allowance of Appeal, it is

ORDERED that the Petition for Allowance of Appeal submitted by Petitioner shall be

accepted by this Court and treated as a pro se Petition for Allowance of Appeal filed by

Freddy McCutchen.

The Prothonotary is DIRECT ED to provide notice of this order directly to Freddy

McCutchen.
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 Eaglecrest Resources, Inc. (the “Company”) for the nine months ended October 31, 2009, as filed with the Securities and Exchange Commission on the date hereof, I, Rizalyn Cabrillas, 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.
 
 
 Date: April 16, 2010
 
 
 RIZALYN CABRILLAS
 Rizalyn Cabrillas
 Chief Accounting Officer
 Chief Financial Officer and Director
DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service 

National Institute for Occupational 

 Safety and Health 

Robert A. Taft Laboratories 

1090 Tusculum Avenue 

Cincinnati, OH 45226-1938 

Phone: 513-533-6825 

 Fax: 513-533-6840 

SEC Tracking Number: SEC00103 September 20, 2021 

Rachel D. Pond, Director 

Division of Energy Employees Occupational 

 Illness Compensation 

U.S. Department of Labor 

200 Constitution Avenue, N.W., Room C-3321 

Washington, District of Columbia 20210 

Dear Ms. Pond: 

On behalf of the Secretary of the Department of Health and Human Services (HHS), and as required 

by 42 C.F.R. § 83.17(d), I am notifying you of the final effect of the HHS decision to designate a 

class of employees from the Savannah River Site in Aiken, South Carolina as an addition to the 

Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation 

Program Act of 2000. On August 18, 2021, as provided for under 42 U.S.C. §7384q(b), the 

Secretary of HHS designated the following class of employees as an addition to the SEC: 

“All construction trade employees of Department of Energy subcontractors [excluding 

employees of the following prime contractors who worked at the Savannah River Site in 

Aiken, South Carolina, during the specified time periods: E. I. du Pont de Nemours and 

Company, October 1, 1972, through March 31, 1989; and Westinghouse Savannah River 

Company, April 1, 1989, through December 31, 1990], who worked at the Savannah River 

Site from October 1, 1972, through December 31, 1990, for a number of work days 

aggregating at least 250 work days, occurring either solely under this employment or in 

combination with work days within the parameters established for one or more other classes 

of employees included in the Special Exposure Cohort.”

This designation became effective on September 17, 2021, as provided for under 42 U.S.C. 

§7384l(14)(C). Therefore, beginning on September 17, 2021, members of this class of employees, 

defined as reported in this notice, became members of the SEC. 

Sincerely, 

[Signature on File] 

Grady Calhoun, Director 

Division of Compensation Analysis and Support 

National Institute for Occupational Safety and Health
Exhibit
32.2
 
 CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
   SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
   In
connection with the Quarterly Report of American Power Corporation (the
"Company") on Form 10-Q for the three and nine months ended June 30, 2010 as
filed with the Securities and Exchange Commission (the "Report"), the
undersigned, in the capacities and on the dates indicated below, hereby
certifies 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; and2.The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.
   Date:
August 20,
2010                                                                           By: /s/ Alvaro
Valencia
 Alvaro Valencia
 President, Chief Executive Officer, Director
Exhibit 32.2




CERTIFICATION PURSUANT TO




18 U.S.C. SECTION 1350,




AS ADOPTED PURSUANT TO




SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Quarterly Report of Methes Energies International Ltd. (the “Company”) on Form 10-Q for the period ended August 31, 2012, as filed with the U.S. Securities and Exchange Commission (“SEC”) on the date hereof (the “Report”), I, the undersigned, Edward A Stoltenberg, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:





(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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 has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.







Dated: November 24, 2012


/s/ Edward A. StoltenbergEdward A. StoltenbergChief Financial Officer
DAVIS SERIES, INC.
2949 East Elvira Road, Suite 101
Tucson, Arizona 85706
(520) 434-3771

CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003



KENNETH C. EICH, Principal Executive Officer, and SHARRA L. REED, Principal
Financial Officer of Davis Series, Inc. (the "Registrant"), each certify to
the best of his or her knowledge that:

(1) The Registrant's periodic report on Form N-CSR for the period ended
    December 31, 2003 (the "Form N-CSR") fully complies with the requirements
    of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as
    amended; and

(2) The information contained in the Form N-CSR fairly presents, in all
    material respects, the financial condition and results of operations of the
    Registrant.

Principal Executive Officer                Principal Financial Officer

DAVIS SERIES, INC.                         DAVIS SERIES, INC.

/s/ Kenneth C. Eich                        /s/ Sharra L. Reed

Kenneth C. Eich                            Sharra L. Reed
Principal Executive Officer                Principal Financial Officer
Date:  March 9, 2004                       Date: March 9, 2004


A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2003 has been provided to DAVIS SERIES, INC. and will
be retained by DAVIS SERIES, INC. and furnished to the Securities and
Exchange Commission (the "Commission") or its staff upon request.

This certification is being furnished to the Commission solely pursuant to
18 U.S.C. Section 1350 and is not being filed as part of the Form N-CSR filed
with the Commission.
**Exhibit99.1**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACTOF 2002**

 

In connection with the Annual Report on Form 10-K for the year endedDecember 31, 2002 of Nanogen, Inc. (the“Company”) as filed with the Securities and Exchange Commission on the datehereof (the “Report”), I, Howard C. Birndorf, Chief Executive Officer of theCompany, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 ofthe Sarbanes-Oxley Act of 2002, that, based on my knowledge:

 

(1)           The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15U.S.C. § 78m(a) or § 78o(d)); and

 

(2)           The information contained in theReport fairly presents, in all material respects, the financial condition andresult of operations of the Company.

 
| March 28, 2003 |   | /s/ HOWARD C.  BIRDNORF |   |
|----------------|--------|-------------------------|--------|
|           |   | Howard C. Birndorf      |
|           |   | Chief Executive Officer |

 

----

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACTOF 2002**

 

In connection with the Annual Report on Form 10-Kfor the year ended December 31, 2002 of Nanogen, Inc. (the “Company”) as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Gerard A. Wills, Vice President, Chief Financial Officer and Treasurer ofthe Company, certify, pursuant to 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 fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15U.S.C. § 78m(a) or § 78o(d)); and

 

(2)           The information contained in theReport fairly presents, in all material respects, the financial condition andresult of operations of the Company.

 
| March 28, 2003 |   | /s/ GERARD A.  WILLS                                   |   |
|----------------|--------|--------------------------------------------------------|--------|
|           |   | Gerard A. Wills                                        |
|           |   | Vice President, Chief Financial Officer  and Treasurer |

 

2

----
#### J. C. Gillam *v.*Workmen’s Compensation Appeal Board *et al.*

(No. 8538)

Submitted April 13, 1937.

Decided April 27, 1937.

*572
      *Ira P. Hager,*for appellant.

*Clarence W. Meadows,*Attorney General, and *Kenneth E. Hines,*Assistant Attorney General, for respondents.

Hatcher, Judge:

This appeal involves the right of the Workmen’s Compensation Commissioner to require a rehabilitation operation.

The claimant received a severe injury to his back in 1932 while at work for a subscriber to the Compensation Fund, and has been totally disabled ever since. He was paid compensation until August 15, 1935. Further compensation has been denied both by the Commissioner and the Appeal Board because he would not submit to an operative fusion of the lumbo-sacral and sacral joints. This operation is not described or its attendant suffering mentioned. Three physicians recommend the operation without further comment. A fourth concurs, adding that the operation is reasonably safe, and that the claimant is in reasonably good general physical condition and would be relieved of disability by the operation. Five other physicians (two by hearsay, not objected to) oppose the operation. There is practically the same professional division on diagnosis. With such sharp divergence of professional opinion, the claimant’s refusal to submit to the operation was not unreasonable. Schneider, Workmen’s Compensation Law (2d. Ed.), sec. 496, p. 1651. Such an operation may be the condition for further compensation only when surgical opinion substantially concurs that the operation is indicated, that it is reasonably safe and not attended by unusual suffering, that it will likely produce material physical improvement, and that it is one which a person of ordinary prudence and courage would undergo for his own betterment, regardless of compensation. *Barnes*v. *Compensation Commissioner,*116 W. Va. 9, 178 S. E. 70.

*573The ruling is reversed and the cause remanded for further consideration, uninfluenced by claimant’s refusal to submit to the operation.

*Reversed and remanded.*