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

                    Notice is hereby given of a change in the meeting of the National Eye Institute Special Emphasis Panel, April 20, 2010, 3 p.m., to April 20, 2010, 4 p.m., National Eye Institute, 5635 Fishers Lane, 1300, Bethesda, MD 20892 which was published in the                     **Federal Register**                     on April 21, 2010 Vol 75; Number 76.                

The meeting will be held on May 20, 2010, at 2:30 p.m. The meeting is closed to the public.

Dated: April 30, 2010.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010–11049 Filed 5–10–10; 8:45 am]

BILLING CODE 4140–01–M
* Pursuant to 5TH CIR. R. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

September 27, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-51205

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CHARLES PHILLIP SMITH,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. A-03-CR-165-ALL-H

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

Before DAVIS, SMITH and DENNIS, Circuit Judges.

PER CURIAM:*

Charles Phillip Smith has appealed his conviction and

sentence for possession of a firearm by a felon and possession of

cocaine base with intent to distribute. Smith’s motion to

“allow” his appointed attorney to withdraw is DENIED. The motion

was not timely filed and it does not show that Smith has

unequivocally asserted a desire to represent himself on appeal. 

United States v. Kizzee, 150 F.3d 497, 501 (5th Cir. 1998);

Rotolo v. United States, 404 F.2d 316, 317 (5th Cir. 1968). The
No. 03-51205

-2-

Government’s motion to strike Smith’s reply brief is likewise

DENIED.

We find no abuse of discretion in the district court’s

denial of Smith’s motion to continue the trial. See United

States v. Olaniyi-Oke, 199 F.3d 767, 771 (5th Cir. 1999); United

States v. Hughey, 147 F.3d 423, 431 (5th Cir. 1998). Smith’s

assertion that the district court abused its discretion by

denying his motion to suppress as untimely is not well taken. 

The district court allowed Smith to contest the admissibility of

his written confession outside the presence of the jury. Smith

waived the issue whether the search and arrest warrants were

supported by probable cause by failing to brief the issue in the

district court or to raise it at trial. 

We agree with Smith that the district court plainly erred by

making an improper comment on the evidence. United States v.

Sanchez, 325 F.3d 600, 603 (5th Cir. 2003). Nevertheless, the

comment did not affect the fairness or integrity of Smith’s

trial. Id.; United States v. Hinojosa, 349 F.3d 200, 203-04 (5th

Cir. 2003); see United States v. Olano, 507 U.S. 725, 732 (1993).

Smith’s argument that his sentence should be vacated

pursuant to Blakely v. Washington, U.S. , 124 S. Ct. 2531

(2004) is foreclosed by this court's recent opinion in United

States v. Pineiro, ___ F.3d ___, No. 03-30437, 2004 WL 1543170,

at *1 (5th Cir. July 12, 2004). 

AFFIRMED.
<PAGE>
                                                                    EXHIBIT 99.2

                            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 First Franklin Corporation (the
"Company") on Form 10-Q for the period ending March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Daniel
T. Voelpel, the Vice President and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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
Company.




/s/ Daniel T. Voelpel
-------------------------------------------
Daniel T. Voelpel
Vice President and Chief Financial Officer
May 9, 2003

A signed original of this written statement required by Section 906 has been
provided to First Franklin Corporation and will be retained by First Franklin
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.
EXHIBIT 10.41

                             CONSULTING AGREEMENT
                                  Tom Hakel


GOALS:  1) Drive all money raising efforts including Private Placement
offering(s) Investment Banking, and Asset Based Lending. 2) Strategic deal
structure assistance and creative problem solving regarding all acquisition
opportunities and hurdles.  3) Ongoing review of acquisitions in the pipeline
and consultation on target prioritization.  4)  Coaching/Mentoring to the
Chief Financial Officer.

COMPANY:                       American TonerServ Corp.
                               420 Aviation Blvd.  Suite 103
                               Santa Rosa, CA  95403

CONTACT:                       Daniel J. Brinker, President/CEO

TERMS:
                            *  Begins January 1st , 2008
                            *  Ends December 31st, 2008
                            *  $5,000 per month
                            *  Payment schedule:
                               *  Due on the 15th  of each month
                               *First payment is due January 15th, 2008
                            *  Pre-approved reimbursement for business
                                 expenses:
                               *  Air, transportation, hotel, business
                                  entertainment

Contract cancelable by either party on a quarterly basis

Please make checks payable to: International Commerce Group, LLC
                               1020 Blue Oak Place
                               Santa Rosa, CA  95404
                               Phone:  707-843-9909

Please sign below and return to above address. Thank you


                               /s/ Daniel J. Brinker
                               Name

                               President and CEO
                               Title

                               1-22-08
                               Date
##### 



Exhibit 32.2 STATEMENT OF CHIEF FINANCIAL OFFICER OF
WEBMD CORPORATION
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 WebMD Corporation (WebMD) on
Form 10-K for the fiscal year ended December 31, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Andrew C. Corbin, Executive Vice President and
Chief Financial Officer of WebMD, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:  (1)
    The Report fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and(2)
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of WebMD. Dated: March 16, 2005
    
    /s/ Andrew C. CorbinAndrew C. Corbin
Executive Vice President and  Chief
Financial Officer
 
 The foregoing certification is being furnished to accompany WebMD Corporations Annual Report
on Form 10-K for the Fiscal Year ended December 31, 2004 (the Report) solely pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed as part of the Report or as a
separate disclosure document and shall not be deemed incorporated by reference into any other
filing of WebMD Corporation that incorporates the Report by reference. A signed original of this
written certification required by Section 906 has been provided to WebMD Corporation and will be
retained by WebMD Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.
#### Sarah Hill and John Hill, Respondents, *v.*The Brooklyn Heights Railroad Company, Appellant.

Second Department,

June 29, 1911.

Railroad — negligence — street railway — collision with horse — sudden starting of car — charge.

Where in an action to recover for injuries to a horse which was struck by a trolley ear, it appears that while the driver who saw the car standing at a street comer receiving and discharging passengers, was proceeding to cross the tracks, the car suddenly started, causing the injury, it is proper to charge “ that it was not negligence as a matter of law — contributory negligence — for the driver to attempt to cross that track when he saw'the ear standing on the other side.”

Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiffs, rendered on the 7 th day of December, 1910, upon the verdict of a jury for $150.

*Francis It. Stoddard, Jr.,*for the appellant.

*L. & M. Blumberg,*for the respondents.

Hirschberg, J. :

The plaintiffs have recovered the value of a horse belonging ■ to them, which they were obliged to kill by reason of injuries sustained in a collision with one of the defendant’s surface cars at the junction of Grand and Leonard streets, in the borough of Brooklyn. The animal was the nigh horse of a pair which were being driven at the time of the accident ón a down grade on the right side of Leonard street and which were hauling a heavily loaded wagon. Approaching Grand street, where the defendant’s tracks cross Leonard, street, the plaintiffs’ driver' saw a car standing on the near track, part of the way across Leonard street, but at the time, as the evidence tends to show, in the act of receiving and discharging passengers. When the driver had about reached the track, and as he was proceeding to cross it, the car suddenly started towards him. He swung his horses sharply to the right in. an effort to escape the car, but the horse referred to was struck by the car fender and his *606leg broken. There is little, if any, conflict in the evidence, and the verdict of the jury is fully justified by the facts.

The appellant presents but a single exception on the appeal. The court charged the jury, at the plaintiffs’ request, “ that it was not negligence as a matter of law — contributory negligence— for the driver to attempt to cross that track when he-saw the car standing on the other side.” The charge was correct. Conceding that the circumstances disclosed by the evidence may have presented a question of the negligence of the driver-for the determination of the jury, as matter of fact, it could not be disposed of adversely to him as a question of law. (See *McGurgan*v. *New York City R. Co.,*121 App. Div. 519.)

The judgment should be affirmed.'

Present — Jestks, P. J., Hiesghbeeg, Búre, Woodward and Rich, JJ.

Judgment and order of the Municipal Court unanimously affirmed, with costs.
EXHIBIT 32.1

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

In connection with the Annual Report of Vascular
Solutions, Inc. (the Company) on Form 10-K for the period ended December 31,
2009, as filed with the Securities and Exchange Commission (the Report), I,
Howard Root, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. §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 Company.

| |                        
| | -----------------------
| | /s/ Howard Root        
| | Howard Root            
| | Chief Executive Officer
| | February 2, 2010       

---
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
financial statements of American ATM Corp., as at and for the year ended June
30, 1999 and is qualified in its entirety by reference to such financial
statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               JUN-20-1999
<CASH>                                        $155,553
<SECURITIES>                                         0
<RECEIVABLES>                                   13,478
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               198,531
<PP&E>                                         192,282
<DEPRECIATION>                                 161,525
<TOTAL-ASSETS>                                 231,931
<CURRENT-LIABILITIES>                          512,687
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,909
<OTHER-SE>                                   (283,665)
<TOTAL-LIABILITY-AND-EQUITY>                   231,931
<SALES>                                              0
<TOTAL-REVENUES>                               366,062
<CGS>                                          363,164
<TOTAL-COSTS>                                  750,266
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              18,250
<INCOME-PRETAX>                              (399,746)
<INCOME-TAX>                                     3,000
<INCOME-CONTINUING>                          (402,746)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (402,746)
<EPS-BASIC>                                   (0.14)
<EPS-DILUTED>                                   (0.14)


</TABLE>
```

                                                                    Exhibit 32.1

               CERTIFICATION OF THE PRINCIPAL EXECUTIVE OFFICER
          PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the annual report of AmComp Incorporated, (the
"Company") on Form 10-K/A for the year ended December 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Fred R.
Lowe, the Principal Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that, to my knowledge:

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

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

December 13, 2006
                                              /s/ Fred R. Lowe
                                              ----------------------------------
                                              Name:  Fred R. Lowe
                                              Title: Principal Executive Officer
```
**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**





The
      undersigned, Yaron Arbell, Chief Executive Officer of B&D Food Corp., hereby
      certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
      906 of the Sarbanes-Oxley Act of 2002, that:





(1)  the
      quarterly report on Form 10-QSB/A of B&D Food Corp. for the nine months and
      three months ended September 30, 2006 (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 B&D Food
      Corp.





Dated:
      November 14, 2006





/s/
      YARON ARBELL


Yaron
      Arbell


Chief
      Executive Officer


(Principal
      Executive Officer)





A
      signed
      original of this written statement required by Section 906, or other document
      authenticating, acknowledging, or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906, has been provided to B&D Food Corp. and will be retained by
      B&D Food Corp. and furnished to the Securities and Exchange Commission or
      its staff upon request.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6491

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus PATRICK EARL FRANCIS, Defendant - Appellant.Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CR-94-106, CA-99-420-7) Submitted: December 29, 2000 Decided: January 8, 2001 Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Patrick Earl Francis, Appellant Pro Se. Ray B. Fitzgerald, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Patrick Earl Francis appeals the denial of his 28 U.S.C.A. § 2255 (West Supp. 2000) and Fed. R. Civ. P. 60(b) motions. Because Francis’ Rule 60(b) motion was tantamount to a successive § 2255 application, we conclude the district court lacked jurisdiction to consider it absent authorization from this Court. 28 U.S.C.A. § 2244(b) (West Supp. 2000); United States v. Rich , 141 F.3d 550, 551 (5th Cir. 1998), cert. denied , 526 U.S. 1011 (1999). Accordingly, we deny a certificate of appealability and dismiss the claims raised solely in that motion.As to claims raised in the original § 2255 motion and supplements submitted prior to the district court’s dismissal of the original motion, we find no reversible error. Therefore, we deny a certificate of appealability and dismiss those claims on the reasoning of the district court. United States v. Francis , Nos. CR-94-106; CA-99-420-7 (W.D. Va. Feb. 18, 2000). We dispense withoral 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
#### Clarke v. Zoellner *et al.*

(Opinion filed February 21, 1905.)

Appeal from circuit court, Lawrence county; Hon. W. G. Rice, Judge.

Action by M, C. Clarke, as receiver of the American Savings & Loan Association, against Charles I. Zoellner and others. Prom a judgment for defendants, and from an order denying a new trial, plaintiff appeals.

Affirmed.

*Frawley & Fraiuley,*for appellant.

*McLaioghlin S Ogden,*for respondents.

*160Corson, P. J.

This is an action for the foreclosure of a real estate mortgage alleged to have been executed to the American Savings & Loan Association, formerly doing business under the name of American Building & Loan Association. The pleadings, proofs, findings, decision, of the court, judgment, rulings of the court, and questions decided are substantially the same as thos¿ in the case of M. C. Clarke, as Receiver, v. Milton C. Conners et al., recently decided by this court and reported in 18 S. D. 600, 101 N. W. 883. For the reasons stated in the opinion in that case, the judgment of the circuit court and order denying a new trial are affirmed.
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>       THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
               FROM FORM 10-K FOR THE YEAR ENDED JUNE 30, 1998 AND IS QUALIFIED
               IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
<MULTIPLIER>   1,000
<PERIOD-TYPE>                       YEAR
<FISCAL-YEAR-END>            JUN-30-1998
<PERIOD-END>                 JUN-30-1998
<CASH>                             3,484
<SECURITIES>                           0
<RECEIVABLES>                          0
<ALLOWANCES>                           0
<INVENTORY>                          230
<CURRENT-ASSETS>                   3,764
<PP&E>                               620
<DEPRECIATION>                       310
<TOTAL-ASSETS>                     5,813
<CURRENT-LIABILITIES>                691
<BONDS>                                0
<COMMON>                          11,394
<PREFERRED-MANDATORY>                  0
<PREFERRED>                            0
<OTHER-SE>                        (6,272)
<TOTAL-LIABILITY-AND-EQUITY>       5,813
<SALES>                                0
<TOTAL-REVENUES>                       0
<CGS>                                  0
<TOTAL-COSTS>                      4,830
<OTHER-EXPENSES>                       0
<LOSS-PROVISION>                       0
<INTEREST-EXPENSE>                     0
<INCOME-PRETAX>                   (4,490)
<INCOME-TAX>                           0
<INCOME-CONTINUING>               (4,490)
<DISCONTINUED>                         0
<EXTRAORDINARY>                        0
<CHANGES>                              0
<NET-INCOME>                      (4,490)
<EPS-PRIMARY>                       (.51)
<EPS-DILUTED>                       (.51)


</TABLE>