alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6123
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus EMMETT ALVIN MONSON, a/k/a Timothy Lee Barr, Defendant - Appellant.Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. Frank W. Bullock, Jr., Chief District Judge. (CR-93-42) Submitted: November 25, 1997 Decided: December 15, 1997 Before MURNAGHAN and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Emmett Alvin Monson, Appellant Pro Se. Lisa Blue Boggs, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Emmett Monson appeals from a district court order denying his motion for a reduction of his sentence under 18 U.S.C. § 3582(c)(2) (1994). Monson's motion was based solely on his contention that his sentence o ught to be reduced under Amendment 506 to Application Note 2 of § 4B1.1 of the United States Sentencing Guidelines. See U.S. Sentencing Guidelines Manual § 4B1.1 n.2 (1995). We placed this case in abeyance pending the Supreme Court's determination ofwhether Amendment 506, which instructs courts to ignore enhancements to the applicable statutory maximum which are based on a defendant's prior criminal record, is invalid because it conflicts with the mandate of 28 U.S.C. § 994(h) (1994), that career offenders be sentenced "at or near" the maximum statutory term. The Supreme Court recently held that Amendment 506 is invalid in United States v. Labonte , ___ U.S. ___, 117 S. Ct. 1673, 1679(1997). Because that decision completely forecloses Monson's arguments on appeal, the order of the district court is affirmed. 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
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###### General Services Administration

          - [Notice-WWICC-2021-01; Docket No. 2021-0003; Sequence No. 1]

# AGENCY:

World War One Centennial Commission; General Services Administration.

# ACTION:

Notice; correction.

# SUMMARY:

GSA published a notice in the **Federal Register** of Friday, May 28, 2021, announcing a meeting of an upcoming public advisory meeting. The notice contained an incorrect date. This notice corrects that date.

# FOR FURTHER INFORMATION CONTACT:

Daniel S. Dayton, Designated Federal Officer, World War 1 Centennial Commission, 701 Pennsylvania Avenue NW, 123, Washington, DC 20004-2608, at 202-380-0725 (Note: This is not a toll-free number).

## Correction

In the **Federal Register** of Friday, May 28, 2021, in FR Doc. 2021-11312, on page 28833, second column, correct the **DATES** section by removing Wednesday, June 23, 2021 and adding Wednesday, July 14, 2021 in its place.

David Coscia,

Agency Liaison Officer, Office of Presidential & Congressional Agency Liaison Services, General Services Administration.

[FR Doc. 2021-12308 Filed 6-10-21; 8:45 am]

BILLING CODE 6820-95-P
| (1)    | the Annual Report of the Company on Form 10-K for the period ended December 31, 2010, as filed with the Securities and Exchange Commission (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.                                                                                                                              |

| Date: March 15, 2011 |          | By:                                   | /s/ TIMOTHY E. BIXBY |
|---------------------------|---------------|---------------------------------------|----------------------|
|                      | Name:    | Timothy E. Bixby                      |
|                      | Title:   | President and Chief Financial Officer |
|                      |          | (principal financial officer)         |

----
EXHIBIT 32.1

CERTIFICATE PURSUANT TO 18 U.S.C. SECTION 1350, SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Michael S. Hedge, Chief Executive Officer,
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 annual report on
Form 10-KSB for the year ended December 31, 2005 (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 Datrek Miller International, Inc.

Dated March 31, 2006



|                       
|-----------------------
|/s/ Michael S. Hedge   
|Michael S. Hedge       
|Chief Executive Officer
#### Pamela HOURIGAN, Real Party in Interest; and Sheila Isaac, District Court Judge, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

No. 93-CA-0483-MR.

Court of Appeals of Kentucky.

March 18, 1994.

Discretionary Review Denied and Opinion Ordered Published By Supreme Court Aug. 24, 1994.

*498Jeffrey A. Darling, James D. Lyon, Lyon, Golibersuch & Darling, P.S.C., Lexington, for appellants.

Susan Hudson, Stephanie Bingham, Asst. Fayette County Attys., Lexington, Chris Gorman, Atty. Gen., Frankfort, for appellee.

Before LESTER, C.J., and DYCHE and HOWERTON, JJ.

DYCHE, Judge.

Appellant was charged with a violation of KRS 189A.010, driving under the influence; as she had been previously convicted of this offense, the Commonwealth elected to seek the enhanced penalty as provided for in the statute. At trial, the prosecutor’s opening statement (RCr 9.42[c]) failed to include the details regarding the prior offense. Counsel for appellant moved the court for a directed verdict of acquittal, asserting that the Commonwealth set out all of the elements of the offense charged.

The Fayette District Court agreed, directed a verdict in favor of appellant on the “second offense,” and declared a mistrial on the remaining “first offense” charge. The Commonwealth initiated an original action in the Fayette Circuit Court to compel the district court to try the appellant on the “second offense” charge. The circuit court issued an order directing same, and this appeal followed. We affirm.

On appeal, Hourigan raises two contentions: 1) That the opening statement of the Commonwealth must set out all of the elements of the offense charged; and 2) That the directed verdict in this case prevents retrial of appellant, under the “double jeopardy” provisions of our state constitution and the United States Constitution.

As *Calhoun v. Commonwealth,*Ky., 378 S.W.2d 222 (1964), clearly states, the opening statement is required to do no more than apprise the jury of the nature of the charge. This was done in the instant case. While we think it would be much the better practice to provide more information than was done herein, the bare bones were sufficient to meet the requirements of the rule. It was error for the trial court to take the action it did.

What effect that action has upon appellant’s legal future is our next problem. If the trial court’s action truly were “the functional equivalent ... of a verdict of acquittal,” retrial is prohibited. We think not, however. No evidence was heard by the trial court; no testing of the sufficiency of the Commonwealth’s case was possible. No acquittal on the merits was involved. .Although deemed by the trial court a “directed verdict,” the action was, as the Commonwealth contends, more akin to a mistrial at the behest of the defendant than a true directed verdict of acquittal. No double jeopardy implications are present herein.

The order of the Fayette Circuit Court is affirmed.

All concur.
EXHIBIT
32.1




CERTIFICATION




OF




CHIEF
EXECUTIVE OFFICER




AND




CHIEF
FINANCIAL OFFICER





PURSUANT
TO 18 U.S.C. 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




I,
Richard Man Fai LEE, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form
10-Q of China Premium Lifestyle Enterprise, Inc. for the quarter ended June 30,
2010 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Quarterly
Report on Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of China Premium Lifestyle Enterprise,
Inc.




I, Joseph
Tik Tung WONG, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form
10-Q of China Premium Lifestyle Enterprise, Inc. for the quarter ended June 30,
2010 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Quarterly
Report on Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of China Premium Lifestyle Enterprise,
Inc.





August
      13, 2010
            By
      :
            /s/ Richard Man Fai LEERichard
      Man Fai LEEChief
      Executive OfficerAugust
      13, 2010
            By
      :
            /s/ Joseph Tik Tung WONGJoseph
      Tik Tung WONGChief
      Financial Officer, Treasurer and
Secretary





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 China Premium Lifestyle Enterprise, 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.
Exhibit 32.2  CERTIFICATION OF CHIEF FINANCIAL OFFICER 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 on Form 10-K of EarthLink, Inc.
(the Company) for the period ended December 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Bradley
A. Ferguson, Chief Financial 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, to my knowledge 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 results of operations of the Company.   /s/ BRADLEY A. FERGUSONBradley
  A. FergusonChief
  Financial OfficerFebruary 26,
  2010
#### In the Matter of George N. Toplitz, Petitioner, v Patricia B. Adduci, as Commissioner of Motor Vehicles of the State of New York, et al., Respondents.

Petition pursuant to CPLR article 78, transferred by order of the Supreme Court, New York County (Harold Baer, Jr., J.), entered February 23, 1990, seeking to annul and vacate a determination of the respondent Department of Motor Vehicles, made at the conclusion of a hearing held January 24, 1989, which found that petitioner had violated Vehicle and Traffic Law § 1111 (d) (1), unanimously denied, the proceeding is dismissed, and the determination confirmed, with costs.

Our review of the record reveals that there was substantial evidence to support the finding that on September 16, 1988, at approximately 8:00 a.m., petitioner, while driving a Lincoln, failed to stop for a red light at the intersection of 12th Avenue and 29th Street in Manhattan. As such, the determination should not be disturbed. *(300 Gramatan Ave. Assocs. v State Div. of Human Rights,*45 NY2d 176, 179.) The minor discrepancies concerning the color of the vehicle *(cf, Matter of Reape v Adduci,*151 AD2d 290) and the time that elapsed between the officer’s first observation of the vehicle and the issuance of the traffic summons are insufficient to overcome the great weight that is accorded to the Administrative Law Judge’s findings. *(See, Matter of Simpson v Wolansky,*38 NY2d 391, 394.) Concur—Sullivan, J. P., Milonas, Rosenberger, Asch and Kassal, JJ.
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



In connection with the Quarterly Report on Form 10-Q of Four Rivers BioEnergy Inc. (the Company) for the quarterly period ended January 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), Gary Hudson, as Chief Executive Office of the Company, and Martin Thorp, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of each such officers 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.





|    |                                     | 
|--- | ----------------------------------- | 
|By: | /s/ Gary Hudson                     | 
|    | Gary Hudson
Chief Executive Officer | 



Date: March 16, 2009





|    |                                      | 
|--- | ------------------------------------ | 
|By: | /s/ Martin Thorp                     | 
|    | Martin Thorp
Chief Financial Officer | 



Date: March 16, 2009





This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.



A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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.
**Exhibit 32.2**

**CERTIFICATIONOF CHIEF FINANCIAL OFFICER PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report on Form 10-Qof Aviza Technology, Inc. (the “Company”), the undersigned ChiefFinancial Officer of the Company certifies pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, tohis knowledge:

(1)           theaccompanying report on Form 10-Q of the Company for the quarter ended June 29,2007, as filed with the Securities and Exchange Commission (the “Report”),fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

(2)           theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company for theperiods presented therein.

Date:  August13, 2007
| By:    |   | /s/ PATRICK C. O’CONNOR                                                   |   |   |
|--------|--------|--------------------------------------------------------------------------------|--------|--------|
|   |   | Patrick C. O’Connor  Executive Vice President and Chief Financial Officer |

 

----
[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Notices]
[Page 20839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11394]



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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice 96-046]


NASA Advisory Council (NAC), Space Science Advisory Committee 
(SScAC), Structure and Evolution of the Universe Advisory Subcommittee; 
Meeting

AGENCY: National Aeronautics and Space Administration.

ACTION: Notice of Meeting.

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

SUMMARY: In accordance with the Federal Advisory Committee Act, Pub. L. 
92-463, as amended, the National Aeronautics and Space Administration 
announces a forthcoming meeting of the NASA Advisory Council, Space 
Science Advisory Committee, Structure and Evolution of the Universe 
Subcommittee.

DATES: Monday, June 3, 1996, 8:30 a.m. to 5:00 p.m.; and Tuesday, June 
4, 1996, 8:30 a.m. to 4:30 p.m.

ADDRESSES: NASA Headquarters, Conference Room MIC 6-A/B West, 300 E 
Street, SW, Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT:
Dr. Alan N. Bunner, Code SA, National Aeronautics and Space 
Administration, Washington, DC 20546, 202/358-0364.

SUPPLEMENTARY INFORMATION: The meeting will be open to the public up to 
the capacity of the room. The agenda for the meeting includes the 
following topics:

--Structure and Evolution of the Universe Strategic Planning
--Status of Ongoing and Planned Missions
--Development of ``Roadmap'' Plans
--Future Mission Concepts
--Astrophysics Mission Plans in Europe

    It is imperative that the meeting be held on these dates to 
accommodate the scheduling priorities of the key participants. Visitors 
will be requested to sign a visitor's register.

    Dated: May 1, 1996.
Leslie M. Nolan,
Advisory Committee Management Officer, National Aeronautics and Space 
Administration.
[FR Doc. 96-11394 Filed 5-7-96; 8:45 am]
BILLING CODE 7510-01-M
[Federal Register Volume 61, Number 94 (Tuesday, May 14, 1996)]
[Notices]
[Page 24334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12070]



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

DEPARTMENT OF LABOR
Employment and Training Administration


Public Meeting; Federal Committee on Apprenticeship

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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

    Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act 
(Pub. L. 92-463; 5 U.S.C. App. 1), notice is hereby given that the 
Federal Committee on Apprenticeship (FCA) will conduct an open meeting 
on May 29-30, 1996 at the following location: The Washington Court 
Hotel, 525 New Jersey Avenue, N.W., Washington, D.C. 2001.

    The agenda on May 29 will include:

8:30 a.m.--Orientation/Administrative Matters
    CAll to Order, Barbara Green, Chair, FCA
    Introduction of FCA Members, Committee DOL
    BAT Director's Report, Anthony Swoope
    BAT Priority Teams
12:00 noon--Lunch
    Skill Standards Board Report
    School-to-Work Report
    National Apprenticeship Awards Program
3:00 p.m.--Meeting Recesses until 8:30 a.m., 5/30/96

    The agenda on May 30 will include:

--Legislative Update Report
--National Association of State and Territorial Apprenticeship 
Directors' Report
--National Association of Governmental
--Labor Officials' Report

10:30 a.m.--Remarks: Assistant Secretary for Employment and Training
11:30 a.m.--Public Comment
11:30 a.m.--Adjournment

    The agenda is subject to change due to time constraints and 
priority items which may come before the Committee between the time of 
this publication and the scheduled date of the FCA meeting.
    Members of the public are invited to attend the proceedings. 
Individuals with disabilities should contact Marion M. Winters at (202) 
219-5921 no later than May 17, if special accommodations are needed.
    Any member of the public who wishes to file written data, views or 
arguments pertaining to the agenda may do so by furnishing it to the 
Designated Federal Official (DFO) at any time prior to the meeting. 
Such comments should be addressed to the DFO, Mr. Anthony Swoope, 
Director, Bureau of Apprenticeship and Training, ETA, U.S. Department 
of Labor, Room N4649, 200 Constitution Avenue NW., Washington, D.C. 
20210. Fifteen duplicate copies are needed for the members and for 
inclusion in the minutes of the meeting.
    Any member of the public who wishes to speak at this meeting should 
so indicate the nature of intended presentation and the amount of time 
needed by furnishing a written statement to the Designated Federal 
Official by May 24. The Chairperson will announce at the beginning of 
the meeting the extent to which time will permit the granting of such 
requests.

    Signed at Washington, D.C., this 8th day of May 1996.
Timothy M. Barnicle,
Assistant Secretary of Labor for the Employment and Training 
Administration.
[FR Doc. 96-12070 Filed 5-13-96; 8:45 am]
BILLING CODE 4510-30-M
Exhibit 32.2

Certification  Pursuant  to Section  906 of the  Sarbanes-Oxley  Act of 2002 (18
U.S.C. ss.1350)

I,  Thomas W.  Martin,  Chief  Operating  Officer  and Chief  Financial  Officer
(Principal  Financial and Accounting Officer) of ICON Capital Corp., the Manager
of the Registrant,  in connection with the Quarterly Report of ICON Leasing Fund
Eleven,  LLC (the "LLC") on Form 10-Q for the period  ended March 31,  2006,  as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Quarterly  Report") certify,  pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that, to the best of my knowledge:

1.   The Quarterly  Report fully complies with the requirements of Section 13(a)
     or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. ss.78m); and

2.   The information  contained in the Quarterly Report fairly presents,  in all
     material respects, the financial condition and results of operations of the
     LLC.


Dated: June 14, 2006

/s/ Thomas W. Martin
-------------------------------
Thomas W. Martin
Chief Operating Officer and Chief Financial Officer
(Principal Financial and Accounting Officer)
ICON Capital Corp.
Manager of ICON Leasing Fund Eleven, LLC