alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-20091

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALEJANDRO HERNAN CEVALLOS,

also known as Alex,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CR H-92-194-2

- - - - - - - - - -

September 23, 1996

Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM:1

Alejandro Hernan Cevallos (#60100-079) appeals from the

district court’s dismissal of his motion for return of forfeited

property and his motion for “default judgment.” The district court

did not abuse its discretion in denying the motion for default

judgment because the Government timely responded to Cevallos’

motion by filing a motion to dismiss. Cf. Mason v. Lister, 562
F.2d 343, 345 (5th Cir. 1977). Independently reviewing the

district court’s order of dismissal, United States v. Schinnell, 80

F.3d 1064, 1069 (5th Cir. 1996), Cevallos abandons on appeal his

claim that he did not receive proper notice. Yohey v. Collins, 985

F.2d 222, 224-25 (5th Cir. 1993). His substantive claim that the

multiple administrative forfeitures violate the Double Jeopardy

Clause is without merit. United States v. Ursery, 116 S. Ct. 2135,

2147-49 (1996) (a forfeiture under 21 U.S.C. § 881 is civil in

nature and is an in rem proceeding; thus, “in rem civil forfeitures

are neither ‘punishment’ nor criminal for purposes of the Double

Jeopardy Clause.”); United States v. Arreola-Ramos, 60 F.3d 188,

192 (5th Cir. 1995) (because defendant did not timely contest

administrative forfeiture, he was never a party to the civil

forfeiture proceeding or put in jeopardy).

AFFIRMED.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7434

DAVID S. COUSINS,

Petitioner - Appellant,

versus

DAVID BOBO; SAMUEL DOTSON; MICHAEL F. EASLEY,

Attorney General of North Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the Western

District of North Carolina, at Shelby. Graham C. Mullen, District

Judge. (CA-97-28-4)

Submitted: September 30, 1998 Decided: October 13, 1998

Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David S. Cousins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

David S. Cousins appeals the district court’s order denying

relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &

Supp. 1998). We have reviewed the record and the district court’s

opinion holding that Cousins had failed to state a claim and find

no reversible error. See Superintendent, Mass. Correctional Inst.

v. Hill, 472 U.S. 445 (1985); Wolff v. McDonnell, 418 U.S. 539,

571-72 (1974); Pell v. Procunier, 417 U.S. 817, 822 (1974); Leonard

v. Nix, 55 F.3d 370, 375 (8th Cir. 1995). Accordingly, we deny a

certificate of appealability and dismiss the appeal on the reasoning of the district court. Cousins v. Bobo, No. CA-97-28-4

(W.D.N.C. Sept. 19, 1997). 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
S. 2020

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 adjust the boundary of the Natchez Trace Parkway, Mississippi, 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. DEFINITIONS.

In this Act:

(1) PARKWAY.—The term ‘‘Parkway’’ means the Natchez

Trace Parkway, Mississippi.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 2. BOUNDARY ADJUSTMENT AND LAND ACQUISITION.

(a) IN GENERAL.—The Secretary shall adjust the boundary of

the Parkway to include approximately—

(1) 150 acres of land, as generally depicted on the map

entitled ‘‘Alternative Alignments/Area’’, numbered 604–20062A

and dated May 1998; and

(2) 80 acres of land, as generally depicted on the map

entitled ‘‘Emerald Mound Development Concept Plan’’, numbered 604–20042E and dated August 1987.

(b) MAPS.—The maps referred to in subsection (a) shall be

on file and available for public inspection in the office of the Director

of the National Park Service.

(c) ACQUISITION.—The Secretary may acquire the land described

in subsection (a) by donation, purchase with donated or appropriated funds, or exchange (including exchange with the State of

Mississippi, local governments, and private persons).

(d) ADMINISTRATION.—Land acquired under this section shall

be administered by the Secretary as part of the Parkway.

SEC. 3. AUTHORIZATION OF LEASING.

The Secretary, acting through the Superintendent of the Parkway, may lease land within the boundary of the Parkway to the

city of Natchez, Mississippi, for any purpose compatible with the

Parkway.
S. 2020—2

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
**Exhibit 23.1****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We consent to the incorporation by reference in the Registration Statements on Form S-3 (No.333-110629 and No. 333-130484) and on Form S-8 (No. 333-39592, No. 333-42616, No. 333-47250, No.333-84825, No. 333-88418, No. 333-88420, No. 333-90795, No. 333-110516, No. 333-120439 and333-145332) of HLTH Corporation of our reports dated February 28, 2008, with respect to theconsolidated financial statements and schedule of HLTH Corporation, and the effectiveness ofinternal control over financial reporting of HLTH Corporation, included in the Annual Report (Form10-K) for the year ended December 31, 2007.
EXHIBIT 99.1



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION
1350,

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Beverly National Corporation (the Corporation) on Form 10-Q for the quarter ended March 31, 2003, as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Donat A. Fournier, Chief Executive Officer of the Corporation, certify, pursuant to 18 U.S.C. § 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 result of operations of the Corporation.
| | --- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------



|   
|---
|By:
|   



May 9, 2003
EXHIBIT 32


CERTIFICATION PURSUANT TO SECTION 906

Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, I, the
undersigned officer of the Spinnet Acquisition Corporation
(the "Company"), hereby certify to my knowledge that:

The Report on Form 10-Q for the period ended March 31,
2009 of the Company fully complies, in all material respects,
with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and the information contained in the
Report fairly represents, 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.


                             /s/ James M. Cassidy
                                 President and Director and
                                 Chief Executivie Officer,
                                 Chief Financial Officer and
                                 Principal Accounting Officer
Date: May 13, 2009
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1978 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1978

  To direct the Secretary of Veterans Affairs to establish a national 
  cemetery for veterans in the Albuquerque, New Mexico, metropolitan 
                                 area.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 19, 1999

 Mr. Domenici introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
  To direct the Secretary of Veterans Affairs to establish a national 
  cemetery for veterans in the Albuquerque, New Mexico, metropolitan 
                                 area.

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

SECTION 1. ESTABLISHMENT OF NATIONAL CEMETERY.

    (a) In General.--The Secretary of Veterans Affairs shall establish, 
in accordance with chapter 24 of title 38, United States Code, a 
national cemetery in the Albuquerque, New Mexico, metropolitan area to 
serve the needs of veterans and their families.
    (b) Report.--As soon as practicable after the date of the enactment 
of this Act, the Secretary shall submit to Congress a report that sets 
forth a schedule for the establishment of the national cemetery under 
subsection (a) and an estimate of the costs associated with the 
establishment of the national cemetery.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE>                        5          
<LEGEND>                         
This schedule contains summary financial information extracted from SECTOR
COMMUNICATIONS, INC. and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
       
<S>                              <C>
<PERIOD-TYPE>                    6-MOS      
<FISCAL-YEAR-END>                               FEB-28-1998
<PERIOD-END>                                    AUG-31-1997
<CASH>                                               82,395
<SECURITIES>                                              0
<RECEIVABLES>                                       427,308
<ALLOWANCES>                                        (75,526)
<INVENTORY>                                               0
<CURRENT-ASSETS>                                    653,627
<PP&E>                                            2,205,735
<DEPRECIATION>                                   (1,270,849)
<TOTAL-ASSETS>                                    7,816,842
<CURRENT-LIABILITIES>                             1,617,471
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                             45,898
<OTHER-SE>                                        6,141,225
<TOTAL-LIABILITY-AND-EQUITY>                      7,816,842
<SALES>                                           1,107,369
<TOTAL-REVENUES>                                  1,107,369
<CGS>                                               622,354
<TOTAL-COSTS>                                       472,750
<OTHER-EXPENSES>                                  1,553,484
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                    1,224
<INCOME-PRETAX>                                  (1,542,443)
<INCOME-TAX>                                              0
<INCOME-CONTINUING>                              (1,542,443)
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                     (1,542,443)
<EPS-PRIMARY>                                         (0.03)
<EPS-DILUTED>                                         (0.03)
        


</TABLE>
EXHIBIT 32.1

CEO/CFO Certification Pursuant to § 906 of the

Sarbanes-Oxley Act of 2002 (18 U.S.C.
§1350)

The undersigned, as the Chief Executive Officer and Chief Financial Officer of Pinnacle Bankshares Corporation, respectively,
certify that to the best of their knowledge and belief the Annual Report on Form 10-K for the period ended December 31, 2006, which accompanies this certification, fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934, and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of Pinnacle Bankshares Corporation and subsidiary
at the dates and for the periods indicated. The foregoing certification is made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) and shall not be relied upon for any other purpose. The undersigned expressly disclaim
any obligation to update the foregoing certification except as required by law.



|               |  |  |  |                                                                  
|-------------- |  |  |  | -----------------------------------------------------------------
|March 23, 2007 |  |  |  | /s/ Robert H. Gilliam, Jr.                                       
|Date           |  |  |  | Robert H. Gilliam, Jr., President and Chief Executive Officer    
|               |  |  |  | (principal executive officer)                                    
|               |  | 
|March 23, 2007 |  |  |  | /s/ Bryan M. Lemley                                              
|Date           |  |  |  | Bryan M. Lemley, Secretary, Treasurer and Chief Financial Officer
|               |  |  |  | (principal financial and accounting officer)
<PAGE>   1
EXHIBIT 18.1

March 30, 2001




Mr. Richard L.Feinstein
Fidelity Holdings Inc.
80-02 Kew Gardens Road
Kew Gardens, NY 11415

Dear Mr. Feinstein:


As stated in Note 1 to the financial statements of Fidelity Holdings Inc. and
subsidiaries for the year ended December 31, 2000, the Company changed its
method of accounting for inventory from the last-in, first-out ("LIFO") method
to the first-in, first-out ("FIFO") method and states that the newly adopted
accounting principle is preferable in the circumstances because the FIFO method
is a widely recognized method used by the Company's competitors. In connection
with our audit of the above mentioned financial statements, we have evaluated
the circumstances and the business judgment and planning which formulated your
basis to make the change in accounting principle.

It should be understood that criteria have not been established by the Financial
Accounting Standards Board for selecting from among the alternative accounting
principles that exist in this area. Further, the American Institute of Certified
Public Accountants has not established the standards by which an auditor can
evaluate the preferability of one accounting principle among a series of
alternatives. However, for purposes of the Company's compliance with the
requirements of the Securities and Exchange Commission, we are furnishing this
letter.

Based on our audit, we concur in management's judgment that the newly adopted
accounting principle described in Note 1 is preferable in the circumstances. In
formulating this position, we are relying on management's business planning and
judgment, which we do not find to be unreasonable.


Very truly yours,


BDO Seidman LLP
EXHIBIT 21.1

SUBSIDIARIES  OF  THE  COMPANY



<TABLE>
<CAPTION>

                                                   JURISDICTION OF
                                                   ---------------
NAME                                               ORGANIZATION
----                                               ------------
<S>                                                <C>
Oil & Gas Colombia GmbH                            Germany

Triton Algeria, Inc.                               Cayman Islands

Triton Angola, Inc.                                Cayman Islands

Triton Asia Holdings, Inc.                         Cayman Islands

Triton Australia, Inc.                             Cayman Islands

Triton Brazil, Inc.                                Cayman Islands

Triton Cambodia, Inc.                              Cayman Islands

Triton Colombia, Inc.                              Cayman Islands

Triton Ecuador, Inc. LLC                           Cayman Islands

Triton Energy Corporation                          Delaware

Triton Equatorial Guinea, Inc.                     Cayman Islands

Triton Exploration Services, Inc.                  Delaware

Triton Financial Services, Inc.                    Cayman Islands

Triton Guatemala S.A.                              B.V.I.

Triton Hellas Exploration and Exploitation
of Hydrocarbons Anonymous Industrial Technical
and Commercial Company                             Greece

Triton International Finance, Inc.                 Cayman Islands

Triton International Oil Corporation               Delaware

Triton International Petroleum, Inc.               Cayman Islands

Triton Italy, Inc.                                 Cayman Islands

Triton Madagascar, Inc.                            Cayman Islands

Triton Mediterranean Oil & Gas N.V.                Netherlands

Triton Oil & Gas GmbH                              Germany

Triton Oman Resources, Inc.                        Cayman Islands

Triton Oman, Inc.                                  Cayman Islands

Triton Resources (UK) Limited                      U.K.

Triton Tunisia, Inc.                               Cayman Islands

Triton Ventures, Inc.                              Cayman Islands
</TABLE>
| 1. | Such      Quarter Report on Form 10-Q for the period ending June 30, 2010,      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 such Quarter Report on Form 10-Q for      the period ending June 30, 2010, fairly presents, in all      material respects, the financial condition and results of operations of      LATTENO FOOD CORP. |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:        August 16, 2010 |   |   |   |   |
|----------------------------------------|--------|--------|--------|--------|
|                                   |   |   |   |   |
| /s/ Daniel      Ollech                 |   |   |        |   |
| Daniel      Ollech                     |   |   |        |   |
| Chief      Executive Officer           |   |   |        |   |
|                                   |   |   |   |   |

----
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

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Neurological Disorders and Stroke Special Emphasis Panel; Pediatric Neurology Training Review.                    

*Date:*                         February 8-9, 2010.                    

*Time:*                         8 a.m. to 6 p.m.                              ( print page 3476)    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Embassy Suites Hotel, 1250 22nd Street, Washington, DC 20037.                    

*Contact Person:*                         Joann Mcconnell, PhD, Scientific Review Administrator, Scientific Review Branch, NIH/NINDS/Neuroscience Center, 6001 Executive Blvd., Suite 3208, Msc 9529, Bethesda, MD 20892-9529, (301) 496-5324,                         *mcconnej@ninds.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS)

Dated: January 14, 2010.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-1053 Filed 1-20-10; 8:45 am]

BILLING CODE 4140-01-P
|    |                                                                                           |
|----|-------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment No. 1 to the report on Form 10-K of FirstEnergy Corp.; and |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 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. |

|        |
|--------|
|        |  |  |
|   | /s/ Charles E. Jones |   |
|   | Charles E. Jones |   |
|   | President and Chief Executive Officer |   |