alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 99-40675

-1-

 

* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-40675

Conference Calendar

 

DELL HESTER,

Petitioner-Appellant,

versus

MICHAEL PURDY,

Respondent-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. C-99-CV-93

- - - - - - - - - -

February 17, 2000

Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges. 

PER CURIAM:*

Dell Hester, federal prisoner # 21517-044, appeals from the

district court’s dismissal of his 28 U.S.C. § 2241 petition. 

Hester argues that he may challenge his career offender status

under the Sentencing Guidelines in a § 2241 petition because his

remedy under 28 U.S.C. § 2255 is inadequate because he has not

been granted leave to pursue a successive § 2255 motion.

A prisoner may seek § 2241 relief if he can establish “that 

the remedy provided for under § 2255 is inadequate or ineffective

to test the legality of his detention.” Cox v. Warden, Fed.
No. 99-40675

-2-

Detention Ctr., 911 F.2d 1111, 1113 (5th Cir. 1990)(internal

quotation and citation omitted). A prior unsuccessful § 2255

motion is not, in and of itself, sufficient to establish the

inadequacy or ineffectiveness of the remedy under § 2255. McGhee

v. Hanberry, 604 F.2d 9, 10 (5th Cir. 1979); see also United

States v. Barrett, 178 F.3d 34, 50 (1st Cir. 1999)(motion under

§ 2255 cannot become “inadequate or ineffective,” thus permitting

the use of § 2241, merely because a petitioner cannot meet the

AEDPA’s “second or successive” requirements), petition for cert.

filed, (U.S. Jan. 3, 2000) (No. 99-7691). Hester’s § 2241

petition is an attempt to circumvent the limitations on filing a

successive § 2255 motion. Accordingly, the judgment of the

district court is AFFIRMED. Judge Garza would dismiss Hester’s

appeal for lack of jurisdiction.
Exhibit 32.2


                            CERTIFICATION PURSUANT TO
            SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted
pursuant to Section 906 of the Sarbanes-Oxley  Act of 2002, the undersigned,  as
chief financial  officer of MacroChem  Corporation (the "Company"),  does hereby
certify that to the undersigned's knowledge:

1)     Company's  Quarterly  Report on Form 10-Q for the period ended  September
       30, 2006 as filed with the Securities and Exchange  Commission (the "Form
       10-Q") 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 Company's Form 10-Q fairly presents, in
       all material respects,  the financial condition and results of operations
       of the Company.

                          /s/  Bernard R. Patriacca
                          Bernard R. Patriacca
                          Vice President, Chief Financial Officer and Treasurer


Dated:    November 14, 2006



A signed  original of this  written  statement  required by Section 906 has been
provided to MacroChem  Corporation and will be retained by MacroChem Corporation
and  furnished  to the  Securities  and  Exchange  Commission  or its staff upon
request.
                                       35
CERTIFICATION OF CHIEF FINANCIAL OFFICER REGARDING
PERIODIC REPORT FILED PURSUANT TO SECTION 13(A) OR 15(D)
OF THE SECURITIES EXCHANGE ACT OF 1934

I, Gregory A. Wells, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

To the best of my knowledge and belief, the Quarterly Report on Form 10-Q filed with the Securities
and Exchange Commission on August 14, 2002 by NTS-Properties V, a Maryland Limited Partnership and to which this certification
is appended (the "Periodic Report") fully complies with the requirements of Section 13(a) or 15(d) 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 NTS-Properties
V, a Maryland Limited Partnership.

|                                         
|-----------------------------------------
|                                         
|/s/ Gregory A. Wells                     
|                                         
|Gregory A. Wells                         
|Senior Vice President and Chief Financial
|Officer of NTS Capital Corporation       
|                                         
|
1 TheHon. Richard H. Battey, United States District Judge for the District of

South Dakota. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

_____________ No. 00-2747SD

_____________ United States of America, * * Appellee, * On Appeal from the * United States District Court v. * for the District of * South Dakota. * Phillip Joseph Touche, Jr., * [Not To Be Published] * Appellant. *

___________ Submitted: February 13, 2001 Filed: February 23, 2001

___________ Before RICHARD S. ARNOLD, LAY, and HANSEN, Circuit Judges.

___________ PER CURIAM. Thedefendant, Phillip Joseph Touche, Jr., pleaded guilty to a one-count indictment

charging him with involuntary manslaughter in violation of 18 U.S.C. §§ 1153 and 1112. At sentencing, the District Court 1 denied defendant's request that-2-

he be given a two-level reduction for acceptance of responsibility pursuant to U.S. Sentencing Guidelines § 3E1.1(a). Mr. Touche appeals, and we affirm. Thesentence imposed was 33 months. The crime involved the death of a passenger in a car driven by the defendant, who was intoxicated at the time. Initially, defendant was released on bond, and agreed that he would refrain from any use of alcohol. Either that day or the next defendant was arrested by the Lower Brule Police Department, and a blood-alcohol test showed him with a level of .180. Defendant's bond was then revoked. As its reason for denying the acceptance-of-responsibility reduction, the District Court cited defendant's conduct in drinking to excess immediately after his release on bond. We see no error of law or abuse of discretion in this situation. See UnitedStates v. Goings , 200 F.3d 539 (8th Cir. 2000). Accordingly, we affirm. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
**Exhibit23.2**

CONSENT OF MINE RESERVESASSOCIATES, INC.

----

We hereby consent to the incorporation by reference ofany reserves and other analyses performed by us in our capacity as anindependent consultant to Apex Silver Mines Limited (the “Company”), which areset forth in the Company’s Annual Report on Form 10-K for the year endedDecember 31, 2006, in the Company’s Registration Statements on Form S-8(Nos. 333-53185, 333-88562 and 333-117202), Form S-3 (Nos. 333-116469,333-117205, 333-122037, 333-122285, 333-134912 and 333-138707) and Form S-4(333-122286) any prospectuses or amendments or supplements thereto, and in anyamendment to any of the foregoing. 
|                      |   | MINE RESERVES ASSOCIATES, INC. |
|----------------------|--------|-------------------------------------|
|                 |   |                                |
| Date: March 30, 2007 |   | /s/ Donald C. Elkin                 |
|                 |   | Name: Donald C. Elkin               |
|                 |   | Title: President                    |

 

 

                 

----
Case: 19-30088    Doc# 1906    Filed: 05/08/19    Entered: 05/08/19 07:25:25    Page 1 of2

Case: 19-30088    Doc# 1906    Filed: 05/08/19    Entered: 05/08/19 07:25:25    Page 2 of2
II

106TH CONGRESS

2D SESSION S. 2143

To suspend temporarily the duty on certain fluoride compounds.

IN THE SENATE OF THE UNITED STATES

MARCH 2, 2000

Mr. LAUTENBERG introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To suspend temporarily the duty on certain fluoride

compounds.

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

3 SECTION 1. FLUORIDE COMPOUNDS.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new headings:

‘‘ 9902.28.11 Ammonium bifluoride (CAS No.

1341-49-7) (provided for in subheading 2826.11.10) ......................... Free No change No change On or before

12/31/2004

9902.28.12 Potassium fluoride tantalum grade

(CAS No. 7789-23-3) (provided for

in subheading 2826.19.00) ............... Free No change No change On or before

12/31/2004 ’’.
2

•S 2143 IS

1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall apply with respect to goods entered,

3 or withdrawn from warehouse for consumption, on or after

4 the date that is 15 days after the date of enactment of

5 this Act.

Æ
Exhibit 4.1

 



CAPITAL STOCK   CAPITAL STOCK M MTS SYSTEMS CORPORATION INCORPORATED UNDER THE LAWS OF THE   STATE OF MINNESOTA SEE REVERSE SIDE FOR CERTAIN DEFINITIONS PAR VALUE $.25   PER SHARE COMMON SHARES OF THE CAPITAL STOCK, PAR VALUE TWENTY-FIVE CENTS ($.25)   PER SHARE, OF MTS SYSTEMS CORPORATION transferable on the books of the   Corporation by the holder hereof in person or by his duly authorized attorney   upon surrender of this certificate properly endorsed or assigned. The shares represented   hereby are fully paid and non-assessable, and are issued under and are   subject to the Articles of Incorporation and Bylaws of the Corporation. This   certificate is not valid unless countersigned by the Transfer Agent. WITNESS   the seal of the Corporation and the facsimile signatures of its duly   authorized officers. Dated: AMERICAN FINANCIAL PRINTING INCORPORATED –   MINNEAPOLIS COUNTERSIGNED AND REGISTERED: WELLS FARGO BANK, N.A. TRANSFER   AGENT AND REGISTRAR BY AUTHORIZED SIGNATURE PRESIDENT & CHIEF EXECUTIVE   OFFICER SENIOR VICE PRESIDENT & CHIEF FINANCIAL OFFICER THIS CERTIFIES   THAT SPECIMEN is the owner of CUSIP 553777 10 3


    




 










The following   abbreviations, when used in the inscription on the face of this certificate,   shall be construed as though they were written out in full according to   applicable laws or regulations: UTMA – Custodian TEN COM TEN ENT JT TEN – as   tenants in common – as tenants by entireties (Cust) (Minor) under Uniform   Transfers to Minors Act – as joint tenants with right of survivorship and not   as tenants in common (State) Additional abbreviations may also be used though   not in above list. For value received, hereby sell, assign, and transfer unto   PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE (PLEASE   PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING ZIP CODE OF ASSIGNEE) Shares of   the Capital Stock represented by the within Certificate, and do hereby   irrevocably constitute and appoint Attorney to transfer the said stock on the   books of the within named Corporation with full power of substitution in the   premises. Dated X X NOTICE: THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND   WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR   WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER. SIGNATURE   GUARANTEED ALL GUARANTEES MUST BE MADE BY A FINANCIAL INSTITUTION (SUCH AS A   BANK OR BROKER) WHICH IS A PARTICIPANT IN THE SECURITIES TRANSFER AGENTS   MEDALLION PROGRAM (“STAMP”), THE NEW YORK STOCK EXCHANGE, INC. MEDALLION   SIGNATURE PROGRAM (“MSP”), OR THE STOCK EXCHANGES MEDALLION PROGRAM (“SEMP”)   AND MUST NOT BE DATED. GUARANTEES BY A NOTARY PUBLIC ARE NOT ACCEPTABLE.
Exhibit 32.1





Certification of CEO and CFO

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 on Form 10-Q of Oxford Residential Properties I Limited Partnership (the "Partnership"), for the quarterly period ended June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Martha L. Long, as the equivalent of the chief executive officer of the Partnership, and Stephen B. Waters, as the equivalent of the chief financial officer of the Partnership, each 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 the best of his 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 Partnership.





| |                        
| | -----------------------
| | /s/Martha L. Long      
| | Name: Martha L. Long   
| | Date: August 14, 2008  
| |                        
| | /s/Stephen B. Waters   
| | Name: Stephen B. Waters
| | Date: August 14, 2008  





This certification is furnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2535 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2535

           To suspend temporarily the duty on Pendimethalin.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2000

 Mrs. Lincoln introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
           To suspend temporarily the duty on Pendimethalin.

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

SECTION 1. PENDIMETHALIN.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``    9902.21.42    N-(Ethylpropyl)-  Free              No change         No change         On or before 12/
                     3,4-dimethyl-                                                           31/2003          ''
                     2,6-                                                                                      .
                     dinitroaniline
                     (Pendimethalin)
                     (CAS No. 40487-
                     42-1) (provided
                     for in
                     subheading
                     2921.42.90)....

    (b) Effective Date.--The amendment made by this section applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of enactment of 
this Act.
                                 <all>
```
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### Supporting the Nation's Judicial System & the Public it Serves

#### 					NEWS				

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I 

113TH CONGRESS 

2D SESSION H. R. 4819 

To direct the Secretary of the Treasury to develop and submit class life 

recommendations for depreciable assets. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2014 

Mr. MURPHY of Florida (for himself and Mr. CHABOT) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To direct the Secretary of the Treasury to develop and 

submit class life recommendations for depreciable assets. 

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 ‘‘Jobs Investment Act 

5 of 2014’’. 

6 SEC. 2. CLASS LIFE RECOMMENDATIONS. 

7 (a) IN GENERAL.—The Secretary of the Treasury 

8 shall, based on the monitoring and analysis of actual expe9 rience with respect to depreciable property under section 

10 168(i)(1) of the Internal Revenue Code of 1986, develop 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 4819 IH

1 recommendations for prescribing to any depreciable prop2 erty a class life, classification, or recovery period that 

3 more equitably provides for capital cost recovery across 

4 all industries without any significant effect on total tax 

5 revenue. 

6 (b) PROPOSAL.—Not later than January 31, 2019, 

7 and every 5 years thereafter, the Secretary shall submit 

8 to the Committee on Ways and Means of the House of 

9 Representatives and the Committee on Finance of the 

10 Senate the recommendations developed under subsection 

11 (a). 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
##### 



Exhibit 31.2 Certification of the Vice President of Finance and Chief Financial Officer
Pursuant to Section 302 of the Sarbanes-Oxley Act and
Rule 13a-14(a) or 15d-14(a) under the Securities Exchange Act of 1934 I, Robert E. Belts, certify that:  1.
    
    I have reviewed this quarterly report on Form 10-Q of INTERMET
Corporation;2.
    
    Based on my knowledge, this quarterly 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 quarterly report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all
material respects the financial condition, results of operations and cash
flows of the registrant as of, and for, the periods presented in this
quarterly report;4.
    
    The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant
and we have:  a)
    
    designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the
registrant, including its consolidated subsidiaries, is made known to
us by others within those entities, particularly during the period in
which this quarterly report is being prepared;b)
    
    evaluated the effectiveness of the registrants disclosure controls
and procedures and presented in this quarterly report our conclusions
about the effectiveness of the disclosure controls and procedures, as
of the end of the period covered by this quarterly report based on such
evaluations; andc)
    
    disclosed in this quarterly report any change in the registrants
internal control over financial reporting that occurred during the
registrants most recent fiscal quarter (the registrants fourth fiscal
quarter in the case of an annual report) that has materially affected,
or is reasonably likely to materially affect, the registrants internal
control over financial reporting; and  5.
    
    The registrants other certifying officer and I have disclosed, based on
our most recent evaluation of internal control over financial reporting,
to the registrants auditors and the audit committee of registrants board
of directors (or persons performing the equivalent function):  a)
    
    all significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrants ability to
record, process, summarize and report financial information; andb)
    
    any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrants
internal control over financial reporting. Date: August 9, 2004/s/ Robert E. BeltsVice President of Finance and Chief Financial Officer
#### In the Matter of Joseph Martin, an Attorney.

Matter referred to ■William P. Wyckoff, Esq., to take testimony and report thereon, with his opinion. Edward A. Ereshman, Esq., is assigned to condubt such proceedings.

Present — Jenks, P. J., Hirsehberg, Burr, Thomas and Carr, JJ.