alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Cornell KIMMINS, Appellant, v. STATE of Missouri, Respondent.

No. 69078.

Missouri Court of Appeals, Eastern District, Division One.

April 16, 1996.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 22, 1996.

Application to Transfer Denied June 25, 1996.

*461S. Paige Canfield, Asst. Public Defender, St. Louis, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Breck K. Burgess, Assistant Attorney General, Jefferson City, for Respondent.

KAROHL, Judge.

Movant appeals denial of Rule 24.035 relief without an evidentiary hearing.

In accord with a plea agreement movant was sentenced as a prior and persistent offender to two concurrent ten year terms on charges of unlawful possession of a concealable firearm and possession of controlled substance. In addition, these sentences were to be served concurrent with sentences to be imposed on pending charges in the City of St. Louis. The only claim of error is the plea court improperly sentenced movant as a persistent offender because his two prior convictions occurred in a single cause “MAKING IT ONLY ONE CONVICTION SO THE PERSISTENT STATUS WAS INCORRECTLY APPLIED.”

Movant’s position is without merit. We find the theory and this appeal frivolous. Rule 84.19. In his pro se motion for relief movant alleges his prior felony convictions were on crimes which occurred on separate dates. Further, at the plea hearing movant agreed “he in fact had pled guilty to 2 or more felonies occurring on different dates and would offer that as evidence of the persistent offender count.” For purposes of determining persistent offender status it is irrelevant that the two prior felonies which occurred on different dates were disposed of in a single proceeding. The record supports a finding by both the plea court and the motion court that movant was a persistent offender. The sentences are not defective and do not violate the laws of this state.

We affirm and award respondent, State of Missouri, a judgment against movant for $100 as damages for frivolous appeal.

REINHARD, P.J., and GRIMM, J., concur.
#### Supreme Lodge of The Masons’ Annuity *v.*McClelland *et al.*

This case came before this court upon a writ of error from the superior court of Pulton County; and the question being as to whether the court erred in appointing a receiver, and being for decision by a full bench of six Justices, who are equally divided m opinion, Pish, C. J., Beck, *581P. J., and Hines, J., being of the opinion that the court erred, and Atkinson, Hill, and Gilbert, JJ., being of the contrary opinion, the judgment of the court below stands affirmed by operation of law.

No. 3103.

November 25, 1922.

Beceivership, etc. Before Judge George L. Bell. Fulton superior court. February 4, 1922.

*Little, Lowell, Smith & Goldstein,*for plaintiff in error.

*Reuben R. & Lowry Arnold, John S. & Ralph McClelland, A. H. Davis,*and. *John F. Methvin,*contra.
[Federal Register Volume 61, Number 17 (Thursday, January 25, 1996)]
[Notices]
[Pages 2265-2266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1180]



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

DEPARTMENT OF JUSTICE
Drug Enforcement Administration


Manufacturer of Controlled Substances; Registration

    By Notice dated August 21, 1995, and published in the Federal 
Register on August 30, 1995, (60 FR 45169), Cambridge Isotope Lab, 50 
Frontage Road, Andover, Massachusetts 01810, made application to the 
Drug Enforcement Administration (DEA) to be registered as a bulk 
manufacturer of the basic classes of controlled substances listed 
below:

------------------------------------------------------------------------
                            Drug                               Schedule 
------------------------------------------------------------------------
Cocaine (9041).............................................          II 
Codeine (9050).............................................          II 
Methadone (9250)...........................................          II 
Morphine (9300)............................................          II 
------------------------------------------------------------------------

    No comments or objections have been received. DEA has determined 
that the registration of Cambridge Isotope Lab to manufacture the 
listed controlled substances is consistent with the public interest at 
this time. Therefore, pursuant to section 303 of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 and Title 21, Code of Federal 
Regulations, Sec. 1301.54(e), the Deputy Assistant Administrator, 
Office of Diversion Control, hereby orders that the application 
submitted by the above firm for registration as a bulk manufacturer of 
the basic classes of controlled substances listed above is granted.


[[Page 2266]]

    Dated: December 22, 1995.
Gene R. Haislip,
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration.
[FR Doc. 96-1180 Filed 1-24-96; 8:45 am]
BILLING CODE 4410-09-M
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Notices]
[Page 25232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12511]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute of Environmental Health Sciences; Notice of a 
Closed Meeting

    Pursuant to Section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
National Institute of Environmental Health Sciences Special Emphasis 
Panel (SEP) meeting:

    Name of SEP: SBIRs-Phase I, Topic 50--Development of 
Subchromosome Painting Kits for the Mouse and Phase II, Topic 40--
Preparation of User-Friendly Mouse Karyotyping Tools (Telephone 
Conference Call).
    Date: May 29, 1996.
    Time: 10:00 a.m.
    Place: National Institute of Environmental Health Sciences North 
Campus, Building 17, Conference Room 1713 Research Triangle Park, 
NC.
    Contact Person: Dr. John Braun, National Institute of 
Environmental Health Sciences, P.O. Box 12233, Research Triangle 
Park, NC 27709, (919) 541-1446.
    Purpose/Agenda: To review and evaluate contract proposals.

    The meeting will be closed in accordance with the provisions set 
forth in secs. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Applications 
and/or proposals and the discussions could reveal confidential trade 
secrets or commercial property such as patentable material and personal 
information concerning individuals associated with the applications, 
the disclosure of which would constitute a clearly unwarranted invasion 
of personal privacy.
    This notice is being published less than fifteen days prior to this 
meeting due to the urgent need to meet timing limitations imposed by 
the contract review and funding cycle.

(Catalog of Federal Domestic Assistance Programs Nos. 93.113, 
Biological Response to Environmental Agents; 93.114, Applied 
Toxicological Research and Testing; 93.115, Biometry and Risk 
Estimation; 93.894, Resource and Manpower Development, National 
Institutes of Health)

    Dated: May 10, 1996.
Susan K. Feldman,
Committee Management Officer, NIH.
[FR Doc. 96-12511 Filed 5-17-96; 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

February 27, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 05-10124

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CHRISTOPHER THOMPSON,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:03-CR-382

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

Before SMITH, GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

Christopher Thompson appeals from his jury-verdict

conviction for being a felon in possession of a firearm,

possession of a firearm in a school zone, possession with intent

to distribute a controlled substance, and possession with intent

to distribute a controlled substance near a school. He argues on

appeal that the evidence produced at trial was insufficient to

support the jury’s verdict on all four counts because it did not

establish that he knowingly possessed the firearm or the crack
No. 05-10124

-2-

cocaine. As Thompson concedes, he did not move for a judgment of

acquittal at the end of the Government’s case or at the close of

all evidence.

When viewed in the light most favorable to the jury’s

verdict, the evidence shows that Thompson knowingly possessed the

firearm and the crack cocaine found in the vehicle he was driving

shortly before his arrest. Accordingly, Thompson’s conviction on

all four counts does not constitute a manifest miscarriage of

justice. See United States v. Griffin, 324 F.3d 330, 356 (5th

Cir. 2003).

The district court’s judgment is AFFIRMED.
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO**
**18 U.S.C. SECTION 1350,**
**AS ADOPTED PURSUANT TO**
**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2005**
In connection with the Quarterly Report of Deerfield Triarc Capital Corp. (the “Company”) on Form 10-Q for the period ending June 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Robert E. Armour, Senior Vice President, Chief Financial Officer and Treasurer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2005, 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/        ROBERT E. ARMOUR

Date:

August 15, 2005

Robert E. Armour

Senior Vice President, 

Chief Financial Officer and Treasurer

(Principal Financial Officer)
**EXHIBIT 32.2**
**CERTIFICATE OF SENIOR VICE PRESIDENT & C.F.O.**
     I, Jeff Sanders, Senior Vice President & C.F.O. of Integrity Bancshares, Inc. (the“Registrant”), do hereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to Section906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:
 (3)  the annual report on Form 10-KSB of the Registrant, to which this certificateis attached as an exhibit (the “Report”), fully complies with the requirements ofsection 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)); and  (4)  the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Registrant.
Dated: March 29, 2005              /s/ Jeff L. Sanders   Jeff L. Sanders, Senior Vice President & C.F.O.
Exhibit 32.1

CERTIFICATION BY CHIEF EXECUTIVE 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 Quarterly Report of PanAmSat Holding Corporation (the "Company") on Form 10-Q for the period ended September 30,
2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Joseph R. Wright, Chief 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:



|Date: November 9, 2005 | /s/JOSEPH R. WRIGHTJoseph R. Wright Chief Executive Officer
|---------------------- | -----------------------------------------------------------

---



QuickLinks
EXHIBIT 31.1
 SECTION 302 CERTIFICATION
      (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 report is
being prepared;(b)
    
    Designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;(c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report based on such
evaluation; and(d)
    
    Disclosed in this 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.
  (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; and(b)
    
    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.
  /s/ Donald L. Marsh, Jr.Donald L. Marsh, Jr.President and Chief Operating Officer
(Principal Executive Officer)
Exhibit 32.1

Certification of Principal Executive 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 Quarterly Report of pSivida Limited (the Company) on Form 10-Q/A for the quarter ended December 31, 2007, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Paul Ashton, Managing Director of the Company, certify 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                |  |                  
|--------------- |  | -----------------
|Date:           |  | June 18, 2008    
|               
|/s/ Paul Ashton
|Name:           |  | Paul Ashton      
|Title:          |  | Managing Director
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 Justice Drug Enforcement Administration [Docket No. DEA-843]
 AGENCY: Drug Enforcement Administration, Justice.
 ACTION: Notice of application.
 SUMMARY: National Center for Natural Products Research has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to 
                        **SUPPLEMENTARY INFORMATION**
                         listed below for further drug information.
 DATES: Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before July 12, 2021. Such persons may also file a written request for a hearing on the application on or before July 12, 2021.
 ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All request for a hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152.


SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 1301.34(a), this is notice that on April 14, 2021, National Center for Natural Products Research, 806 Hathorn Road, 135 Coy Waller Lab, University, Mississippi 38677-1848, applied to be registered as an importer of the following basic class(es) of controlled substance(s): Controlled substance
Drug
                             code
ScheduleMarihuana Extract
7350
IMarihuana
7360
ITetrahydrocannabinols
7370
I
 The company plans to acquire new genetic materials with improved Cannabinoids for research and manufacturing purposes. No other activity for these drug codes is authorized for this registration. Approval of permit applications will occur only when the registrant's business activity is consistent with what is authorized under 21 U.S.C. 952(a)(2). Authorization will not extend to the import of FDA-approved or non-
                    ( print page 30984)
                    approved finished dosage forms for commercial sale. William T. McDermott, Assistant Administrator.


[FR Doc. 2021-12209 Filed 6-9-21; 8:45 am] BILLING CODE 4410-09-P
EXHIBIT 32.1



In connection with the
quarterly report of Sibannic, Inc., (the “Company”) on Form 10-Q for the quarter ended May 31, 2015 as filed with the
Securities Exchange Commission on the date hereof (the “Report”) Daniel Allen, the Principal Executive Officer of the
Company, certifies pursuant to 18 U.S.C. Sec. 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 operation of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------





|Date: July 14, 2015 | /s/ Daniel Allen            | 
|------------------- | --------------------------- | 
|                    | Daniel Allen,               | 
|                    | Principal Executive Officer |
Exhibit 32.1

Certification of Principal Executive 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 Quarterly Report of pSivida Corp. (the Company) on Form 10-Q for the quarter ended December 31, 2008, as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Paul Ashton, President and Chief Executive Officer of the Company, certify 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                |  |                                      
|--------------- |  | -------------------------------------
|Date:           |  | February 11, 2009                    
|               
|/s/ Paul Ashton
|Name:           |  | Paul Ashton                          
|Title:          |  | President and Chief Executive Officer
#### Bernard CROSS, Appellant, v. STATE of Missouri, Respondent.

No. 63754.

Missouri Court of Appeals, Eastern District, Division One.

May 10, 1994.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 6, 1994.

Application to Transfer Denied Aug. 15, 1994.

David C. Hemingway, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Traci J. Sanders, Asst. Atty. Gen., Jefferson City, for respondent.

Before CRANDALL, P.J., and REINHARD and CRIST, JJ.

ORDER

PER CURIAM.

Movant appeals the denial of his Rule 24.-035 motion without an evidentiary hearing. We affirm. The motion court’s findings of fact are not clearly erroneous and no error of law appears. Rule 84.16(b)(2) and (5). An opinion in this case would have no prece-dential value; therefore we affirm by written order. Rule 84.16(b). A memorandum setting forth the reasons for our decision has been issued to the parties for their use only.
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

###### Food and Drug Administration

          - [Docket No. FDA-2021-N-0390]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Notice; correction.

# SUMMARY:

The Food and Drug Administration (FDA) is correcting a notice that appeared in the **Federal Register** on May 12, 2021. The document announced the withdrawal of approval of 12 abbreviated new drug applications (ANDAs) from multiple applicants, withdrawn as of June 11, 2021. The document indicated that FDA was withdrawing the approval of ANDA 060164, Nystatin Ointment, held by Lederle Laboratories. However, the document published with an incorrect application number for this product. This document corrects that error.

# FOR FURTHER INFORMATION CONTACT:

Martha Nguyen, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 75, Rm. 1676, Silver Spring, MD 20993-0002, 240-402-6980, *Martha.Nguyen@fda.hhs.gov.*

# SUPPLEMENTARY INFORMATION:

In the **Federal Register** of Wednesday, May 12, 2021 (86 FR 26058), appearing on page 26058 in FR Doc. 2021-09980, the following correction is made:

On page 26058, in the first column, in the first line in the table, the application number “060164” is corrected to read “061064”.

Dated: June 8, 2021.

Lauren K. Roth,

Acting Principal Associate Commissioner for Policy.

[FR Doc. 2021-12557 Filed 6-14-21; 8:45 am]

BILLING CODE 4164-01-P