alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### REVISED July 28, 2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 51250 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v. QUENTIN LAVELLE JEFFRIES , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas

_______________________ ON PETITION FOR PANEL REHEARING
(Opinion May 13, 2016, 5 Cir., __________, ____________ F.3d _________) Before REAVLEY, SMITH, and HAYNES, Circuit Judges. PER CURIAM: Treating the petition for rehearing en banc as a petition for panel rehearing, we DENY the petition for panel rehearing and note the following:
1. Since the filing of Jeffries’ petition for rehearing en banc, our court
has ruled that the Supreme Court has not applied Johnson v. United States , 576 U.S. ___, 135 S. Ct. 2551 (2015) to the career offender sentencing guidelines definition in United States Sente ncingNo. 14

- 51250

2 Guideline § 4B1.2 (a)(2). In re Arnick , 2016 U.S. App. LEXIS 11030 *2 (5th Cir. Jun. 17, 2016).
2. Even assuming arguendo that Johnson does apply to the residual clause of USSG § 4B1.2(a)(2), nowhere in his belated briefing to our

court last year , his petition for certiorari to the Supreme Court, or his petition for rehearing, has Jeffries demonstrated that he was sentenced under the residual clause. It is certainly not “clear” or “obvious” under plain error review that his conviction under Texas Penal Code § 22.02 for the crime of aggravated assault with a deadly weapon causi ng physical injury to which he pleaded guilty is not a “use of force” conviction under 4B1.2(a)(1) or an enumerated offense under Application Note 1 to § 4B1.2(a). See United States v. Guzman , 797 F.3d 346 (5th Cir. 2015) ; c f. Beckles v. United States , No. 15

- 8544, 2016 U.S. LEXIS 4142 (U.S. Jun. 27, 2016)(granting certiorari on a case involving whether a sawed

- off shotgun is a crime of violence under § 4B1.2(a)); United States v. Soto

- Rivera , 811 F.3d 53 (1st Cir. 2016)(addressing crime of felon in poss ession of a firearm under § 4B1.2(a)(2) and application notes); United States v. Lipscomb , 619 F.3d 474 (5th Cir. 2010 )(plurality opinion addressing whether crime of possession of a sawed

- off shotgun was a crime of violence). The Supreme Court did not stri ke down the “use of force” prong in Johnson and, indeed, since that time has applied a similar “use of force” prong in a case of a reckless assault. Voisine v. Armstrong , 195 L. Ed. 2d
736 (2016)(“use of force” under 18 U.S.C . § 921(a)(33)(A) includes reckless assault).
H. Res. 274 

In the House of Representatives, U. S., 

February 23, 2010. 

Whereas according to the American Dietetic Association good 

nutrition is vital to a healthy and long life; 

Whereas according to the American Dietetic Association the 

National Nutrition Month campaign focuses attention on 

the importance of making informed food choices and developing sound eating and physical activity habits; 

Whereas the first Nutrition Campaign was launched with a 

presidential proclamation in 1973 as National Nutrition 

Week; 

Whereas National Nutrition Week became National Nutrition 

Month in 1980; 

Whereas poor nutrition and sedentary lifestyles are linked to 

obesity and health problems; 

Whereas 17 percent of children between the ages of 6 and 11 

are overweight; 

Whereas 17.6 percent of adolescents between the ages of 12 

and 19 are overweight; 

Whereas 33.3 percent of adult men are obese and 35.3 percent of adult women are obese in the United States; 
2 

•HRES 274 EH 

Whereas according to the Centers for Disease Control, since 

1980 obesity rates for adults have doubled and rates for 

children have tripled; 

Whereas dietary factors are associated with 4 of the 10 leading causes of death, including heart disease, cancer, 

stroke, and diabetes; 

Whereas these health conditions are estimated to cost the 

United States over $600,000,000,000 each year in medical expenses and lost productivity; 

Whereas access to proper nutrition helps fight off illness and 

disease and is vital to children’s cognitive development; 

Whereas poor nutrition, inactivity, and weight problems in 

school age children may cause low academic performance 

or behavioral problems resulting in additional costs; and 

Whereas March would be an appropriate month to designate 

as National Nutrition Month: Now, therefore, be it 

Resolved, That the House of Representatives— 

(1) supports the designation of National Nutrition 

Month; 

(2) supports the goals and ideals of National Nutrition Month; 

(3) encourages local communities to raise awareness 

surrounding nutritional health; 

(4) encourages awareness about diseases and death 

caused by lack of nutrition; and 
3 

•HRES 274 EH 

(5) recognizes and salutes health care professionals 

such as registered dietitians, that spread the knowledge 

and importance of nutrition each day. 

Attest: 

Clerk.
Exhibit 23.2

                    CONSENT OF CERTIFIED PUBLIC ACCOUNTANTS


TO: Para Mas Internet, Inc.

As independent certified public accountants, we hereby consent to the
incorporation by reference in the Annual Report on Form 10-KSB under the
Securities Exchange Act of 1934 of Para Mas Internet, Inc. for the year ended
June 30, 2000 of our report dated July 10, 2000 and contained in the
Registration Statement No. 333-70364 of Para Mas Internet, Inc.  Form  S-B2
under the Securities Act of 1933 insofar as such report relates  to the
financial statements of Para Mas Internet, Inc. for the year ended June 30,
2000.

                     /s/ RUSSELL BEDFORD STEFANOU MIRCHANDANI LLP
                         Russell Bedford Stefanou Mirchandani LLP

McLean, Virginia
October 11, 2003
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

###### Health Resources and Services Administration

# AGENCY:

Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS).

# ACTION:

Notice.

      ( print page 31508)    

# SUMMARY:

HRSA, an operating division of HHS, is publishing a list of individuals who may be named to serve on the Senior Executive Service Performance Review Board that oversees the evaluation of performance appraisals for Senior Executive Service members for the Fiscal Years 2021 and 2022.

# FOR FURTHER INFORMATION CONTACT:

Georgia Lyons, HRSA Executive Resources, Office of Human Resources, 5600 Fishers Lane, Rm 12N06C, Rockville, Maryland 20857, or (301) 443-4618.

# SUPPLEMENTARY INFORMATION:

Title 5, U.S.C. Section 4314(c)(4) of the Civil Service Reform Act of 1978, Public Law 95-454, requires that the appointment of Performance Review Board Members be published in the **Federal Register**. The following individuals may be named to serve on the Senior Executive Service Performance Review Board:

Onyekachukwu Anaedozie

Anthony Archeval

Leslie Atkinson

Cynthia Baugh

Tonya Bowers

Adriane Burton

Tina Cheatham

Laura Cheever

Natasha Coulouris

Cheryl Dammons

Elizabeth DeVoss

Diana Espinosa

Catherine Ganey

Alexandra Garcia

Jordan Grossman

Heather Hauck

Danita Hunter

Laura Kavanagh

Martin Kramer

Torey Mack

James Macrae

Susan Monarez

Thomas Morris

Luis Padilla

Krista Pedley

Wendy Ponton

Ashley Rose

Tracey Trautman

Michael Warren

Diana Espinosa,

Acting Administrator.

[FR Doc. 2021-12366 Filed 6-11-21; 8:45 am]

BILLING CODE 4165-15-P
#### STATE of Missouri, Respondent, v. James C. GINN, Appellant.

No. WD 51176.

Missouri Court of Appeals, Western District.

March 26, 1996.

Clarence John Forge, Jr. Independence, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Kurt U. Schaefer, Asst. Atty. Gen., Jefferson City, for respondent.

Before ULRICH, P.J., and BRECKENRIDGE and SMITH, JJ.

*ORDER*

PER CURIAM.

Appeal from conviction and sentence after jury trial of possessing a controlled substance in violation of Section 195.202 RSMo, 1994.

Judgment affirmed. Rule 30.25(b).
Exhibit 10.5 to St. Jude Medical, Inc. Form 10-Q for the period ended September 30, 2006







EXHIBIT 10.5  





ST. JUDE MEDICAL, INC.


 


Amendment #1


to


2000 Employee Stock Purchase Savings Plan


 


Article II, Section I of the Plan
is hereby amended to read in its entirety as follows: 


 


I.   “Base
Pay” means regular straight time earnings annualized as of the date of commencement of a phase, excluding payments, if any,
for overtime, incentive compensation, commissions, incentive payments, premiums, bonuses (including MICP bonuses) and any other
special remuneration; provided, however, that for a Participant for whom Sales-related Compensation accounted for 35% or more of
total compensation (regular straight time earnings plus Sales-related Compensation) of the Participant during the Lookback Period,
“Base Pay” shall mean 65% of the sum of regular straight time earnings annualized as of the date of commencement of a
phase, excluding payments, if any, for overtime, incentive compensation, commissions, incentive payments, premiums, bonuses
(including MICP bonuses) and any other special remuneration, plus Sales-related Compensation.


 


Article II of the Plan is hereby
amended to add the following Sections L and M: 


 


L.   “Lookback
Period” means the twelve-month period ending on the June 30 immediately preceding the commencement of the applicable
phase.


 


M.   “Sales-related
Compensation” means commissions and sales bonuses (not MICP bonuses) earned by a Participant during the Lookback Period plus,
if the Participant commences employment with the Company after commencement of the Lookback Period, guaranteed cash compensation
earned by the Participant for the first twelve months of the Participant’s employment by the Company, to the extent such
guaranteed cash compensation exceeds commissions and sales bonuses earned by the Participant during the Lookback
Period.


 


AMENDMENT ADOPTED BY THE ST. JUDE MEDICAL, INC.
BOARD OF DIRECTORS ON AUGUST 3, 2006
EXHIBIT 32

                      CERTIFICATION PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Annual Report of CorVu  Corporation (the "Company")
on Form 10-KSB for the year ended June 30, 2004 as filed with the Securities and
Exchange  Commission  (the "Report"),  I, Justin M.  MacIntosh,  Chief Executive
Officer  and I,  David C.  Carlson,  Chief  Financial  Officer  of the  Company,
certify,  pursuant to 18 U.S.C.  ss.1350,  as adopted  pursuant to ss.906 of the
Sarbanes-Oxley Act of 2002, 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.

Date:  October 8, 2004

                                                    /s/ Justin M. MacIntosh
                                                    ----------------------------
                                                    Justin M. MacIntosh
                                                    Chief Executive Officer

                                                    /s/ David C. Carlson
                                                    ----------------------------
                                                    David C. Carlson
                                                    Chief Financial Officer
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Notices]
[Page 22066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11909]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

Government-Owned Inventions; Availability for Licensing

AGENCY: National Institutes of Health.

ACTION: Notice.

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

SUMMARY: The invention referenced below is owned by an agency of the 
U.S. Government and is available for licensing in the U.S. in 
accordance with 35 U.S.C. 207 to achieve expeditious commercialization 
of results of federally funded research and development.
    U.S. Patent 4,788,181 issued on November 29, 1988 and entitled ``5-
Substituted-2',3'-Dideoxycytidine Compounds with Anti-HTLV-III 
Activity''--5-substituted-2',3'-dideoxycytidine analogs and their 
phosphorylated derivatives are effective inhibitors of HTLV-III/LAV 
(HIV) infection, especially in the brain. Although the parent compound 
2',3'-dideoxycytidine can scarcely enter the central nervous system, 
2',3'-dideoxy-5-fluorocytidine readily penetrates the blood-brain 
barrier and, thus, is more effective against the AIDS virus in the 
brain.
    The invention claimed in this patent is available for licensing on 
either an exclusive or nonexclusive basis.
    Interested parties should respond by August 12, 1996.

ADDRESSES: Licensing information and a copy of the issued patent may be 
obtained by contacting Robert Benson at the Office of Technology 
Transfer, National Institutes of Health, 6011 Executive Boulevard, 
Suite 325, Rockville, Maryland 20852-3804 (telephone 301/496-7056 ext 
267; fax 301/402-0220).

    Dated: May 2, 1996.
Barbara M. McGarey,
Deputy Director, Office of Technology Transfer.
[FR Doc. 96-11909 Filed 5-10-96; 8:45 am]
BILLING CODE 4140-01-M
Exhibit 23.1

CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-35538) of PEC Solutions, Inc. of our
report dated February 11, 2003, except for the last paragraphs of Notes 5 and 16 as to which the date is March 19, 2003, relating to the consolidated financial statements of PEC
Solutions, Inc. which appears in this Form 10-K/A. We also consent to the incorporation by reference of our report dated February 11, 2003 relating to the financial statement
schedule, which appears in this Form 10-K/A.

/s/
PricewaterhouseCoopers LLP

McLean,
Virginia
April 17, 2003

---

QuickLinks
I 

118TH CONGRESS 

1ST SESSION H. R. 5795 

To direct the heads of Federal agencies and departments to publish certain 

data with respect to disaster relief, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2023 

Mr. DONALDS introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To direct the heads of Federal agencies and departments 

to publish certain data with respect to disaster relief, 

and for other purposes. 

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 ‘‘Natural Disaster 

5 Transparency Enhancement Act’’. 

6 SEC. 2. PUBLICATION OF DISASTER RELIEF DATA. 

7 The head of each Federal agency or department that 

8 approves Federal funds for natural disaster relief shall 

9 publish and regularly update on the website of such agen10 cy or department a breakdown of— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 5795 IH

1 (1) the amount of funds approved with respect 

2 to each disaster; and 

3 (2) the amount of funds disbursed with respect 

4 to each disaster. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Exhibit 32.1







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





In connection with the annual report of Tsingyuan Brewery Ltd. (the “Company”) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission (the “Report”), I, Dingyou Zhang, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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.





April 13, 2011
/s/ Dingyou ZhangDingyou ZhangChief Executive Officer(principal executive officer)





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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.
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 of Planning Force, Inc. (the "Company") on Form 10-QSB for the period ending March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Julie Morin, acting in the capacity as the Chief Executive Officer and Principal Financial Officer of the Company, certify to the best of our knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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/ Julie Morin

|   | Julie Morin |  
 

President, Chief Executive Officer and Principal Financial Officer

 

May 8, 2006

 
 

 

 

 

 

  |
|--------|-------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------|
IV 

House Calendar No. 45 

111TH CONGRESS 

1ST SESSION H. RES. 251 

[Report No. 111–84] 

Directing the Secretary of the Treasury to transmit to the House of Representatives all information in his possession relating to specific communications with American International Group, Inc. (AIG). 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2009 

Mr. LATOURETTE (for himself, Mr. BOEHNER, Mr. CANTOR, Mr. PENCE, Mr. 

MCCOTTER, Mr. UPTON, Mr. PETRI, Mr. TIBERI, Mr. WALDEN, Mrs. 

EMERSON, Mr. GERLACH, Mr. DENT, Mr. BARTLETT, Mrs. MILLER of 

Michigan, Mr. SIMPSON, Mr. AUSTRIA, Mr. PLATTS, Mr. KIRK, Mr. 

WHITFIELD, Mr. GOHMERT, Mr. DUNCAN, Mr. DREIER, Mr. REICHERT, 

Mr. BILBRAY, and Mr. EHLERS) submitted the following resolution; 

which was referred to the Committee on Financial Services 

APRIL 23, 2009 

Additional sponsors: Mr. MARIO DIAZ-BALART of Florida, Ms. GINNY BROWNWAITE of Florida, Mr. MILLER of Florida, Mr. SOUDER, Mr. CAMP, Mr. 

FLEMING, Mr. CULBERSON, Mr. SHIMKUS, Mr. COLE, Mr. COFFMAN of 

Colorado, Mr. HARPER, Mr. SMITH of Texas, Mr. LOBIONDO, Mrs. BONO

MACK, Mr. HERGER, Mr. ISSA, Mr. TURNER, Mr. GOODLATTE, Mr. 

BRADY of Texas, Mr. POE of Texas, Mr. FRANKS of Arizona, Mr. BROWN

of South Carolina, Mr. SCHOCK, Mrs. BIGGERT, Mr. LUETKEMEYER, Mr. 

SENSENBRENNER, Mr. KLINE of Minnesota, Mr. POSEY, Mr. CASTLE, 

Mr. MCCAUL, Mr. WAMP, and Mr. TIM MURPHY of Pennsylvania 

APRIL 23, 2009 

Referred to the House Calendar and ordered to be printed 


jbell on PROD1PC69 with BILLS
2 

•HRES 251 RH 

RESOLUTION 

Directing the Secretary of the Treasury to transmit to the 

House of Representatives all information in his possession relating to specific communications with American 

International Group, Inc. (AIG). 

1 Resolved, That the House of Representatives directs 

2 the Secretary of the Treasury to transmit to the House 

3 of Representatives, not later than 14 days after the date 

4 of the adoption of this resolution, copies of any portions 

5 of all Department of the Treasury documents, records, 

6 and communications referring or relating to— 

7 (1) any negotiation concerning the controlled 

8 break-up of the American International Group, Inc. 

9 into at least 3 Government-controlled divisions; 

10 (2) any negotiation concerning any additional 

11 assistance under title I of the Emergency Economic 

12 Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) 

13 or other program administered by the Secretary to 

14 such corporation; or 

15 (3) any Government communication or author16 ization for payment of any pre-existing bonus con17 tract with any executive of the American Inter18 national Group, Inc. 


jbell on PROD1PC69 with BILLS

jbell on PROD1PC69 with BILLS
House Calendar No. 45 

111TH CONGRESS 

1ST SESSION H. RES. 251 

[Report No. 111–84] 

RESOLUTION 

Directing the Secretary of the Treasury to transmit 

(AIG). tions with American International Group, Inc. in his possession relating to specific communicato the House of Representatives all information 

APRIL 23, 2009 

Referred to the House Calendar and ordered to be 

printed 


jbell on PROD1PC69 with BILLS
#### STATE of Missouri, Respondent, v. Scott BRASEL, Appellant.

No. WD 51665.

Missouri Court of Appeals, Western District.

Oct. 1, 1996.

Laura E. O’Sullivan, Asst. Public Defender, St. Joseph, for appellant.

Dwight K. Scroggins, Pros. Atty., Buchanan County, St. Joseph, for respondent.

Before HANNA, P.J., and SMART and EDWIN H. SMITH, JJ.

ORDER

PER CURIAM.

The defendant, Scott Brasel, appeals from his conviction by a jury of violating an order of protection, §§ 455.050 and 455.085, RSMo 1994, a class A misdemeanor. He was sentenced to a term of nine months in the Buchanan County Law Enforcement Center as a persistent misdemeanor offender. § 558.016, RSMo (1994).

Affirmed. Rule 30.25(b).