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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-7109

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

EMMETT MADISON GRAHAM, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Wilmington. James C. Fox, Senior

District Judge. (7:97-cr-00098-F-1)

Submitted: November 18, 2010 Decided: December 1, 2010

Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Emmett Madison Graham, Jr., Appellant Pro Se. Michael Gordon 

James, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Emmett Madison Graham, Jr., appeals the district 

court’s order denying his motion for correction/reduction of 

sentence under 18 U.S.C. § 3582(c)(2) (2006) or Fed. R. Crim. P. 

52(b). We have reviewed the record and find no reversible 

error. Accordingly, we affirm. See 18 U.S.C. § 3582(c)(2) 

(permitting the court to reduce a sentence “in the case of a 

defendant who has been sentenced to a term of imprisonment based 

on a sentencing range that has subsequently been lowered by the 

Sentencing Commission.)” 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
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

Nos. 06-20-00045-CV & 

 06-20-00065-CV

CHONGQING HUANSONG INDUSTRIES GROUP IMP. & EXP. TRADE CO., LTD. AND 

CHONGQING HUANSONG INDUSTRIES (GROUP) CO., LTD., Appellants

V.

DESIREE SWANSON, ET AL., Appellees

On Appeal from the 71st District Court

Harrison County, Texas

Trial Court No. 190153

Before Morriss, C.J., Burgess and Stevens, JJ.
2

O R D E R

Desiree Swanson, LLC, and Fun Motors of Longview, Inc., appellees, have filed a 

motion to consolidate the appeals in the above-numbered proceedings. We overrule the motion 

insofar as consolidating the appeals is concerned.

In the interest of judicial economy, however, we permit the record in cause number 06-

20-00045-CV to be used in conjunction with cause number 06-20-00065-CV. We further grant 

that portion of the motion requesting that new deadlines for filing the record and the briefing be 

entered. All filing deadlines in cause number 06-20-00065-CV shall apply to both appeals and 

both cases shall be briefed together.

IT IS SO ORDERED.

BY THE COURT

Date: September 15, 2020
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6353
LINDO NICKERSON, Petitioner - Appellant, v. JAMES HARDY, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:07-hc-02043-BO) Submitted: June 9, 2008 Decided: July 21, 2008 Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Lindo Nickerson, Appellant Pro Se. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Lindo Nickerson seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. See Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Nickerson has not made the requisite showing. Accordingly, we deny Nickerson’s motion for a certificate of appealability and dismiss the appeal. 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
[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Notices]
[Page 19961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10980]



=======================================================================
-----------------------------------------------------------------------

NATIONAL BANKRUPTCY REVIEW COMMISSION


Meeting

AGENCY: National Bankruptcy Review Commission.

ACTION: Notice of public meeting.

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

TIME AND DATES:

Thursday, May 16, 1996; 9:00 a.m. to 5:00 p.m. and
Friday, May 17, 1996; 9:00 a.m. to 12:00 p.m.

PLACE: Hilton Palacio del Rio, Meeting Room: Salon del Rey North, 200 
South Alamo Street, San Antonio, Texas 78205-3299, Telephone Number: 
(210) 222-1400.

STATUS: The meeting will be open to the public.

MATTERS TO BE CONSIDERED: Consumer bankruptcy law, related issues and 
general administrative matters for the Commission, including future 
meetings, hearings and substantive agenda.

CONTACT PERSONS FOR FURTHER INFORMATION: Contact Susan Jensen-Conklin 
or Carmelita Pratt at the National Bankruptcy Review Commission, 
Thurgood Marshall Federal Judiciary Building, One Columbus Circle, 
N.E., Suite G-350, Washington, D.C. 20544; Telephone Number: (202) 273-
1813.
Susan Jensen-Conklin,
Deputy Counsel.
[FR Doc. 96-10980 Filed 5-2-96; 8:45 am]
BILLING CODE 6820-36-P
Exhibit 31.1

CERTIFICATION

I, Hugh Grenfal, Jr., certify that:

1. I have reviewed this annual report on Form 10-KSB of Ancona Mining Corporation;
2. Based on my knowledge, this annual 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 annual report;
3. Based on my knowledge, the financial statements, and other financial information included in this annual 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 annual report.
4. The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

a)   designed such disclosure controls and procedures 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 annual report is being prepared;
b)   evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this annual report (the "Evaluation Date"); and
c)   presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;
5. The registrant's other certifying officers and I have disclosed, based on our most recent evaluation, 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 in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and
b)   any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and
6. The registrant's other certifying officers and I have indicated in this annual report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.

Dated this 5th day of September, 2003.



| | /s/ Hugh Grenfal, Jr.
Hugh Grenfal, Jr.
Principal Executive Officer and Principal Financial Officer
| | ---------------------------------------------------------------------------------------------------



---
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Petitioner

 v.

BRYAN GERARD WEIPERT,

 Respondent

:

:

:

:

:

:

:

:

:

:

:

No. 300 MAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

COMMONWEALTH OF PENNSYLVANIA,

 Petitioner

 v.

KENNETH J. STEWART, SR.,

 Respondent

:

:

:

:

:

:

:

:

:

:

:

No. 301 MAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

COMMONWEALTH OF PENNSYLVANIA,

 Petitioner

 v.

NATHAN MICHAEL MINNICH,

 Respondent

:

:

:

:

:

:

:

:

:

:

:

No. 302 MAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

COMMONWEALTH OF PENNSYLVANIA,

 Petitioner

:

:

:

No. 303 MAL 2015
[301 MAL 2015, 300 MAL 2015, 302 MAL 2015 and 303 MAL 2015] - 2

 v.

DUSTIN BLAKELY GROFF,

 Petitioner

:

:

:

:

:

:

:

:

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 19th day of August, 2015, the Petition for Allowance of Appeal is

DENIED.
# Fourth Court of Appeals

San Antonio, Texas

January 6, 2017

No. 04

- 16

- 00511

- CR

Josef Dalen RAMOS,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2015CR3918

Honorable Mary D. Roman, Judge Presiding



### O R D E R

Appellant’s second motion for extension of time to file his brief is GRANTED IN PART.

Appellant’s brief is due on February 9, 2017

. No further extensions will be gr anted, absent

extenuating circumstances

.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 6th day of January, 20 17

.

___________________________________ Keith E. Hottle

Clerk of Court
Exhibit
32.1





CERTIFICATION
OF THE PRINCIPAL EXECUTIVE OFFICER


OF HEALTH
BENEFITS DIRECT CORPORATION REQUIRED


BY RULE
13a-14(b) UNDER THE EXCHANGE ACT





In
connection with the Quarterly Report of Health Benefits Direct Corporation (the
"Company") on Form 10-Q for the fiscal quarter ended March 31, 2010 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Anthony R. Verdi, Chief Executive Officer of the Company, certify that, based
on my knowledge:





(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.





May 17,
2010





/s/
      ANTHONY R. VERDIAnthony
      R. VerdiChief
      Operating Officer and Chief Financial
Officer
Exhibit 32.1  CERTIFICATION OF PERIODIC REPORT PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Justin Pentelute, Chief Financial Officer of Wren, Inc. (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge:  (1) the amended Quarterly Report on Form 10-Q of the Company for the fiscal quarter ended September 30, 2008 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78 o(d)); and  (2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  Date:  November 7, 2008  /s/ Justin Pentelute Justin Pentelute Chief Executive Officer   A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act has been furnished to Wren, Inc. and will be retained by Wren, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED April 4, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-51371 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE ENRIQUEZ OZUNA-MARTINEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-879-ALL

-------------------- Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit Judges. PER CURIAM: * Appealing the Judgment in a Criminal Case, Jose Enriquez Ozuna-Martinez raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
I 

118TH CONGRESS 

1ST SESSION H. R. 5386 

To amend title XVIII of the Social Security Act to provide for adjustments 

to the Medicare part D cost-sharing reductions for low-income individuals. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 12, 2023 

Mr. MCGARVEY (for himself and Mr. BILIRAKIS) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to provide 

for adjustments to the Medicare part D cost-sharing 

reductions for low-income individuals. 

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 ‘‘Cutting Copays Act’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 5386 IH

1 SEC. 2. ADJUSTMENTS TO MEDICARE PART D COST-SHAR2 ING REDUCTIONS FOR LOW-INCOME INDIVID3 UALS. 

4 Section 1860D–14(a) of the Social Security Act (42 

5 U.S.C. 1395w–114(a)) is amended in paragraph 

6 (1)(D)(ii)— 

7 (1) by striking ‘‘that does not exceed $1 for’’ 

8 and all that follows through the period at the end 

9 and inserting ‘‘that does not exceed— 

10 ‘‘(I) for plan years before plan 

11 year 2024— 

12 ‘‘(aa) for a generic drug or a 

13 preferred drug that is a multiple 

14 source drug (as defined in section 

15 1927(k)(7)(A)(i)), $1 or, if less, 

16 the copayment amount applicable 

17 to an individual under clause 

18 (iii); and 

19 ‘‘(bb) for any other drug, $3 

20 or, if less, the copayment amount 

21 applicable to an individual under 

22 clause (iii); and’’; and 

23 (2) by adding at the end the following new sub24 clauses: 

25 ‘‘(II) for plan year 2024— 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 5386 IH

1 ‘‘(aa) for a generic drug, $0; 

2 and 

3 ‘‘(bb) for any other drug, 

4 the dollar amount applied under 

5 this clause (after application of 

6 paragraph (4)(A)) for plan year 

7 2023 for a drug described in sub8 clause (I)(bb); and 

9 ‘‘(III) for a subsequent year, the 

10 dollar amount applied under this 

11 clause for the previous year for the 

12 drug, increased by the annual percent13 age increase in the consumer price 

14 index (all items; U.S. city average) as 

15 of September of such previous year.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
#### Ex parte Mario Tovar CERVANTES.

No. 70607.

Court of Criminal Appeals of Texas, En Banc.

Oct. 4, 1988.

*578Robert E. Kahn, Houston, for appellant.

Robert Huttash, State’s Atty., Austin, for State.

OPINION

PER CURIAM.

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P.

The trial court convicted applicant of the offense of felony driving while intoxicated and assessed his punishment at 5 years in the Texas Department of Corrections. No appeal was taken from this conviction.

In the instant case the applicant contends that the trial Court failed to admonish him pursuant to Article 26.13(a)(4), V.A.C.C.P. (1987), that his plea of guilty could result in his deportation.

A hearing was conducted on these allegations, at which copies of the papers in the court’s file for this case and a transcription of his plea proceedings were admitted, and it was noted that applicant has imminent deportation proceedings pending as a result of this conviction. This record reflects applicant was admonished in writing, pursuant to Article 26.13(d), V.A.C.C.P., and that no reference to possible deportation was made either in the written admonishments, or in open court.

While admonishments which substantially comply with Article 26.13 are sufficient, the complete failure to comply with an admonishment required by the statute requires reversal. *Ex parte McAtee,*599 S.W.2d 335 (Tex.Cr.App.1980). Such a complete failure is reflected in this record.

The relief sought is granted. The judgment against applicant in Cameron County cause number 87-CR-858-B is hereby set aside, and applicant remanded to answer the indictment against him.

No motion for rehearing will be allowed.
[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Proposed Rules]
[Page 20207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11128]



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


FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73

[MM Docket No. 96-93, RM-8788]


Radio Broadcasting Services; Oxford, MS

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: The Commission requests comments on a petition by Angel 
Broadcasting proposing the allotment of Channel 286A to Oxford, 
Mississippi, as the community's fourth local FM service. Channel 286A 
can be allotted to Oxford in compliance with the Commission's minimum 
distance separation requirements with a site restriction of 11.2 
kilometers (6.9 miles) north in order to avoid short-spacing conflicts 
with the licensed site of Station WBKJ(FM), Channel 286C1, Kosciusko, 
Mississippi, and with a pending application at Water Valley, 
Mississippi, for Station WYCG(FM), Channel 288A. The coordinates for 
Channel 286A at Oxford are 34-28-06 and 89-30-33.

DATES: Comments must be filed on or before June 17, 1996, and reply 
comments on or before July 2, 1996.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve the petitioner, or its counsel or consultant, as follows: Dan J. 
Alpert, 2120 N. 21st Road, Suite 400, Arlington, Virginia 22201 
(Counsel for petitioner).

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 96-93, adopted April 10, 
1996, and released April 25, 1996. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC's Reference Center (Room 239), 1919 M Street, NW., 
Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractor, ITS, Inc., (202) 857-
3800, 2100 M Street, NW., Suite 140, Washington, DC 20037.
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 96-11128 Filed 5-3-96; 8:45 am]
BILLING CODE 6712-01-F
[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Page 30995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12281]


=======================================================================
-----------------------------------------------------------------------

POSTAL SERVICE


Board of Governors; Sunshine Act Meeting

DATES AND TIMES: Wednesday, June 16, 2021, at 9:00 a.m.

PLACE: Washington, DC, at U.S. Postal Service Headquarters, 475 
L'Enfant Plaza SW, in the Benjamin Franklin Room.

STATUS: Wednesday, June 16, 2021, at 9:00 a.m.

MATTERS TO BE CONSIDERED: 

Wednesday, June 16, 2021, at 9:00 a.m. (Closed)

    1. Strategic Issues.
    2. Financial and Operational Matters.
    3. Compensation and Personnel Matters.
    4. Administrative Items.

CONTACT PERSON FOR MORE INFORMATION: Michael J. Elston, Secretary of 
the Board, U.S. Postal Service, 475 L'Enfant Plaza SW, Washington, DC 
20260-1000. Telephone: (202) 268-4800.

Katherine Sigler,
Assistant Secretary.
[FR Doc. 2021-12281 Filed 6-8-21; 11:15 am]
BILLING CODE 7710-12-P