alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6589

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CYRUS JONATHAN GEORGE, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert Earl Maxwell, Senior District Judge. (CR-90-78) Submitted: July 22, 1998 Decided: August 10, 1998 Before ERVIN, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Cyrus Jonathan George, Appellant Pro Se. William David Wilmoth, United States Attorney, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Cyrus Jonathan George appeals the district court’s rder denying his petition for a writ of audita querela. See United States v. George , No. CR-90-78 (N.D.W. Va. Apr. 16, 1998). A writ of auditaquerela is available where there is a legal objection to a conviction that cannot be addressed in another form of post conviction remedy. See United States v. Holder , 936 F.2d 1, 5 (1st Cir. 1991). Because George’s claims can be addressed under 28 U.S.C.A. § 2244(b)(3)(A) (West Supp. 1998), we find that the district court did not err in denying the writ. 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.

AFFIRMED
#### John Michael BROWN, Appellant, v. STATE of Missouri, Respondent.

No. WD 40268.

Missouri Court of Appeals, Western District.

Nov. 8, 1988.

Jim Lynn, Columbia, for appellant.

William L. Webster, Atty. Gen., Carrie Francke, Sp. Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P.J., and CLARK and NUGENT, JJ.

ORDER

PER CURIAM.

Appeal from dismissal without prejudice of Rule 27.26 motion for post-conviction relief.

JUDGMENT AFFIRMED. Rule 84.-16(b).
**EXHIBIT      32.1**

**CERTIFICATION      OF OFFICERS**

**OF      BIO-BRIDGE SCIENCE, INC.**

**PURSUANT      TO 18 USC ss. 1350**

|   | *Date:                May 15, 2008*                                                                                                                                              |   |
|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|   |                                                                                                                                                                             |   |
|   | */s/                Dr. Liang                Qiao                     * |   |
|   | *By:                Dr. Liang Qiao*                                                                                                                                              |   |
|   | *Chief                Executive Officer*                                                                                                                                         |   |

|   | *Date:May                15, 2008*                                                                                                                         |   |
|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|   |                                                                                                                                                       |   |
|   | */s/                Chuen Huei (Kevin)                Lee                * |   |
|   | *By:                Chuen Huei (Kevin) Lee*                                                                                                                |   |
|   | *Chief                Financial Officer and**Principal                Accounting Officer*                                                                  |   |

----
Dismissed and Opinion Filed August 8, 2017 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-17-00576-CV TANYA TERRY-ANDRA DE, Appellant V. JOSE DIAZ-SALAZAR, Appellee On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-16-04918 

### MEMORANDUM OPINION Before Chief Justice Wright, Justice Francis, and Justice Stoddart Opinion by Chief Justice Wright Tanya Terry-Andrade appealed th e trial court’s February 7, 2017 judgment. On June 2, 2017, the Dallas County Clerk informed us that appe llant had not paid or made arrangements to pay for the fee. That same day, we sent appellant a letter, instructing her to file, within ten days, written verification that she had paid or made arrangements to pa y the fee for the clerk’s record or written documentation that she had been found entitled to proceed without payment of costs. We cautioned appellant that the failure to comply might result in the dismissal of the appeal for want of prosecution. See T EX
. R. A PP
. P. 37.3(b). On June 13, 2017, appellant filed a docketing statement in which she states she did not file an affidavit of indigency. As of today, the clerk’s record has not been filed and appellant has not f iled a response or otherwise communicated with the Court.–2– In light of appellant’s failure to comply with this Court’s directiv e as detailed above, we dismiss this appeal for want of prosecution. See T EX
. R. A PP
. P. 37.3(b), 42.3(b), (c).

170576F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE–3– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT
TANYA TERRY-ANDRADE, Appellant
No. 05-17-00576-CV V. JOSE DIAZ-SALAZAR, Appellee On Appeal from the County Court at Law No. 1, Dallas County, Texas Trial Court Cause No. CC-16-04918. Opinion delivered by Chief Justice Wright, Justices Francis and St oddart participating. In accordance with this Court’s opi nion of this date, the appeal is DISMISSED

. It is ORDERED that appellee JOSE DIAZ-SALAZAR r ecover his costs, if any, of this appeal from appellant TANYA TERRY-ANDRADE.
Judgment entered August 8, 2017.
[Federal Register Volume 60, Number 78 (Monday, April 24, 1995)]
[Notices]
[Page 20112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9785]



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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[ID-015-05-1990-01; IDI-29233]


Notice of Availability of Record of Decision

SUMMARY: Pursuant to section 102(2)(c) of the National Environmental 
Policy Act and 43 CFR part 3809 (Mining Regulations) the Bureau of Land 
Management (BLM) has issued a Record of Decision for the final 
environmental impact statement (EIS) on the Stone Cabin Mine Plan of 
Operations. The decision authorizes implementation of the Proposed 
Action in the final EIS. The decision, which includes stipulations, 
authorizes open-pit mining in Owyhee County, Idaho.

EFFECTIVE DATE: The decision became effective on the date of issuance 
which was April 14, 1995. The decision is subject to appeal pursuant to 
43 CFR 3809.4. The operator has the right of appeal to the Bureau of 
Land Management, Idaho State Director and thereafter to the Department 
of Interior, Board of Land Appeals under procedures found at 43 CFR 
3809.4(a) through (e). A party, other than the operator, has the right 
of appeal to the Department of Interior, Board of Land Appeals under 
procedures found at 43 CFR part 4, subpart E. An appeal under 43 CFR 
part 4, subpart E must be filed not later than May 24, 1995. The appeal 
period will end on May 24, 1995.

ADDRESSES: Copies of the Record of Decision and the final EIS are 
available from: Bureau of Land Management, 3948 Development Avenue, 
Boise, ID 83705.

FOR FURTHER INFORMATION CONTACT: Fred Minckler, Team Leader at the 
address above. Telephone (208) 384-3300.

SUPPLEMENTARY INFORMATION: The Stone Cabin Mine will be an open-pit 
gold and silver mine located in the Owyhee Mountains in Southwestern 
Idaho. The mine pit will be located on Florida Mountain, about 50 miles 
southwest of Boise, Idaho and about one mile west of the historic 
mining town of Silver City, Idaho. The Stone Cabin Mine will be 
operated as a satellite facility and will share some components of the 
existing Kinross DeLamar Mine located about five miles west of the 
Stone Cabin Mine site. The final EIS was released to the public on 
August 19, 1994. Copies of the Record of Decision were mailed to those 
who received a copy of the final EIS.
Rodger E. Schmitt,
Associate Ecosystem Manager.
[FR Doc. 95-9785 Filed 4-21-95; 8:45 am]
BILLING CODE 4310-GG-P
Efr 

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3)- kkt#f fvUtl 

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41 TG53.26 

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287.1 1'10 

t g'K B110532600000000 

re)
**EXHIBIT31.01**

**Rule13a-14(a)/15d-14(a) Certifications**

I, Benjamin Weston,certify that:

1. I have reviewedthis report on Form 10-Q of ML Cornerstone FuturesAccess LLC;

2. Based on my knowledge,this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

3. Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4. The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

a) Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b) Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c)  Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and

5. The registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of registrant’s board of directors (or persons performing theequivalent functions):

a) All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

b) Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.
| Date: August 14, 2006                  |                 |
|----------------------------------------|----------------------|
|                                   |                 |
| By                                     | /s/ BENJAMIN  WESTON |   |
| Benjamin Weston                        |
| Chief Executive  Officer and President |
| (Principal  Executive Officer)         |
|                                        |                      |  |

 

----
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5987

Apergy ESP Systems, LLC:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
```
[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Notices]
[Page 19966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9873]

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NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Polar Programs; Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting:

    Name: Special Emphasis Panel in Polar Programs(I209).
    Date and Time: May 12, 1995; 8:30 am to 5 pm.
    Place: Room 730, National Science Foundation, 4201 Wilson 
Boulevard, Arlington, VA.
    Type of Meeting: Closed.
    Contact Person: Dr. Noel Broadbent, National Science Foundation, 
4201 Wilson Boulevard, Arlington, VA 22230. Telephone: (703) 306-
1031.
    Purpose of Meeting: To provide advice and recommendations 
concerning proposals submitted to NSF for financial support.
    Agenda: To review and evaluate Arctic Social Science proposals 
as part of the selection process for awards.
    Reason for Closing: The proposals being reviewed include 
information of a proprietary or confidential nature, including 
technical information, financial data, such as salaries; and 
personal information concerning individual associated with the 
proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and 
(6) of the Government in the Sunshine Act.

    Dated: April 17, 1995.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 95-9873 Filed 4-20-95; 8:45 am]
BILLING CODE 7555-01-M
```
Exhibit 32.1

CERTIFICATION

In connection with the Quarterly Report on Form 10-Q of Accentia Biopharmaceuticals, Inc. (the
Company) for the three months ended March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Form 10-Q), I, Francis E. ODonnell, Jr., Chairman of the Board and Chief Executive
Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The form 10-Q 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 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: May 16, 2008



|                                                        
|--------------------------------------------------------
|/s/ Francis E. ODonnell, Jr.                           
|Francis E. ODonnell, Jr., M.D.                         
|Chief Executive Officer; Chairman of the Board; Director

This certification accompanies the Form 10-Q 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 Accentia Biopharmaceuticals, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the
date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
#### Abe McFARLAND aka James “Jim” McFarland, Appellant, v. The STATE of Texas, Appellee.

No. 954-95.

Court of Criminal Appeals of Texas.

Sept. 25, 1996.

Pamela S. Berbyshire, Houston, for Appellant.

Lester Blizzard, Assist. Dist. Atty., Houston, Matthew Paul, State’s Atty., Austin, for State.

*100
      *OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW*

McCORMICK, Presiding Judge.

A jury found appellant guilty of aggravated robbery and sentenced him to seventy-five years’ imprisonment. The Court of Appeals reversed the judgment of the trial court and remanded the case after finding that the State’s jury argument did not fall into one of the permissible categories of jury argument and that it denied the appellant the right to a fair and impartial trial. *McFarland v. State,*902 S.W.2d 540 (Tex.App.—Houston [1st Dist.] 1995). We granted the State’s petition for discretionary review.

Upon further review of the Court of Appeals’ decision, we determined that the court failed to address the appellant’s challenge to the sufficiency of the evidence and instead sustained the first point of error complaining of comments made by the prosecutor in the presence of the jury. An appellate court must always address challenges to the sufficiency of the evidence. *See*Tex. RApp.Pro. Rule 90(a); *Garza v. State,*715 S.W.2d 642 (Tex.Cr.App.1986). This Court has held that an appellate court must examine and decide a sufficiency challenge even if the conviction must be reversed on other grounds. *Foster v. State,*635 S.W.2d 710, 717 (Tex.Cr.App.1982).

For the reasons stated above, the judgment of the Court of Appeals is vacated and the case is remanded to that court for a determination of the sufficiency of the evidence. The State’s petition for discretionary review is dismissed without prejudice.

OVERSTREET, J., dissents.

WHITE, J., not participating.
[Federal Register Volume 60, Number 70 (Wednesday, April 12, 1995)]
[Proposed Rules]
[Pages 18554-18555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9167]



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DEPARTMENT OF TRANSPORTATION
=======================================================================
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[[Page 18555]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 170

[OPP-250103; FRL-4948-5]
RIN No. 2070-AC69 and 2070-AC82


Amendments to the Worker Protection Standard Requirements for 
Crop Advisors and Training Requirements for Agricultural Workers and 
Pesticide Handlers; Notification to Secretary of Agriculture

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification to Secretary of Agriculture.

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

SUMMARY: Notice is given that the Administrator of EPA has forwarded to 
the Secretary of Agriculture a final rule amending the crop advisor 
provisions of the Worker Protection Standard and a final rule amending 
the training requirements for workers and pesticide handlers. These 
final rules are being issued under the Federal Insecticide, 
Rodenticide, and Fungicide Act (FIFRA).

FOR FURTHER INFORMATION CONTACT: Donald Eckerman, Certification and 
Training, Occupational Safety Branch (7506C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: Rm 1101, CM #2, 1921 
Jefferson Davis Highway, Arlington, VA., (703) 305-7371.

SUPPLEMENTARY INFORMATION: Pursuant to Section 25(a)(2)(B) of FIFRA, 
the Administrator shall provide the Secretary of Agriculture with a 
copy of any final rule before publication in the Federal Register. If 
the Secretary comments in writing to the Administrator regarding the 
final rule, the Administrator shall issue for publication in the 
Federal Register, with the final rule, the comments of the Secretary of 
Agriculture, if requested by the Secretary, and the response of the 
Administrator concerning the Secretary's comments. The Administrator 
has forwarded to the Secretary of Agriculture a copy of the final rule 
amending the requirements for training employees and a final rule 
amending the requirements for crop advisors.
    The Administrator has also provided a copy of these final rules to 
the Committee on Agriculture of the House of Representatives, and the 
Committee on Agriculture and Forestry of the Senate.

List of Subjects in 40 CFR Part 170

    Administrative Practice and Procedures, Occupational Safety and 
Health, Pesticides and Pests.

    Dated: April 5, 1995.

Daniel M. Barolo,
Director, Office of Pesticide Programs.

[FR Doc. 95-9167 Filed 4-11-95; 8:45 am]
BILLING CODE 6560-50-F
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

December 28, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-6306

CW Bearing USA, Inc:

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/12.21.18_Notice_of_Product_E

xclusions.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs the 10-digit HTSUS subheading under which your request was filed. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation.

Sincerely,

Stephen P. Vaughn

General Counsel