alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                  Exhibit (4)(f)

                              CERTIFICATE OF TRUST

                                       OF

                               CMS ENERGY TRUST IV

              The undersigned, the trustees of CMS ENERGY TRUST IV, desiring to
form a business trust pursuant to Delaware Business Trust Act, 12 Del. C.
Section 3810 hereby certify as follows:

         1.   The name of the business trust being formed
              hereby is CMS ENERGY TRUST IV (the "Trust").

         2.   The name and business address of the trustee of
              the Trust with a principal place of business in
              the State of Delaware is as follows:

                           The Bank of New York (Delaware),
                           a Delaware banking corporation
                           White Clay Center, Route 273
                           Newark, Delaware  19711

Dated:  November 22, 2000

                                             /s/Alan M. Wright
                                            ---------------------------
                                            Alan M. Wright, as Trustee


                                            /s/Thomas A. McNish
                                            ---------------------------
                                            Thomas A. McNish, as Trustee




                                            The Bank of New York (Delaware)
                                                    as Trustee

                                            /s/ William T. Lewis
                                            ---------------------------
                                            Name:
                                            Title: Authorized Signatory
CERTIFICATIONS

I, Jay Sargeant, Chief Executive Officer of EYI Industries, Inc. (the
"Registrant"), certify that;

(1)   I have reviewed this Annual Report on Form 10-KSB of EYI Industries, Inc.;

(2)   Based on my knowledge, this 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
      report;

(3)   Based on my knowledge, the financial statements, and other financial
      information included in this 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 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-15(e) and 15d-15(e)) for the Registrant
      and have:

      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)    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

      c)    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 that has materially
            affected, or is reasonably likely to materially affect, the
            Registrant's internal control over financial reporting; and

(5)   The Registrant's other certifying officer(s) and I have disclosed, based
      on our most recent evaluation of the internal control over financial
      reporting, to the Registrant's auditors and the audit committee of
      Registrant's board of directors (or persons performing the equivalent
      functions):

      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.

Date:      March 31, 2006


         /s/ signed

By:      Jay Sargeant
Title:   Chief Executive Officer
EXHIBIT 32.2

                            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 Annual Report of Micro Bio-Medical Waste Systems, Inc. on
Form 10-KSB for the period ended December 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), each of the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 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.



/s/ Charles Smith
------------------------
Charles Smith, CEO, CFO

Dated: May 11, 2005
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7208

DAVID LEE PRINCE, JR., Petitioner - Appellant, versus D. R. GUILLORY, Warden, Powhatan Correctional Center, Respondent - Appellee.Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-95-847-A) Submitted: October 8, 1998 Decided: October 21, 1998 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. David Lee Prince, Jr., Appellant Pro Se. Linwood Theodore Wells, Jr., Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (1994) (current version at 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998)). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of probablecause to appeal and dismiss the appeal on the reasoning of the district court. See Lindh v. Murphy , 521 U.S. ___, 1997 WL 338568 (U.S. June 23, 1997) (No. 96-6298); Prince v. Guillory , No. CA-95- 847-A (E.D. Va. July 29, 1997). 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
Case 2:17-mj-00580-MHB Document 1 Filed 11/17/17 Page 1 of 4
Case 2:17-mj-00580-MHB Document 1 Filed 11/17/17 Page 2 of 4
Case 2:17-mj-00580-MHB Document 1 Filed 11/17/17 Page 3 of 4
Case 2:17-mj-00580-MHB Document 1 Filed 11/17/17 Page 4 of 4
Dynegy Illinois has entered into that certain Plan of Merger, Contributionand Sale Agreement by and among Dynegy Illinois, LSP GEN Investors, L.P., LS PowerPartners, L.P., LS Power Equity Partners PIE I, L.P., LS Power Equity Partners,L.P., LS Power Associates, L.P., Falcon Merger Sub Co., and Dynegy Acquisition,Inc., executed September 14, 2006 (the ‘Merger Agreement’).Pursuant to the transactions contemplated in the Merger Agreement, DynegyIllinois will become a wholly-owned subsidiary of a newly formed Delawarecorporation, named ‘Dynegy Inc.’, and the Dynegy Illinois will thereafter berenamed ‘Dynegy Illinois Inc.’, as of the Effective Time specified in the MergerAgreement (the ‘Effective Time”).Effective immediately after the Effective Time, Dynegy Illinois will withdrawas the sponsor of the Plan (defined below) and Dynegy Inc., a Delaware corporation,will assume sponsorship of the Plan from Dynegy Illinois and all references to the‘Company’ in the Agreement shall thereafter refer to Dynegy Inc., a Delawarecorporation.”2. All references to “Company Stock” in the Agreement shall refer to shares of common stockof Dynegy Inc., a Delaware corporation.3. All references to the “Dynegy Stock Fund” in the Agreement shall refer to the investmentfund established and maintained to invest in the common stock of Dynegy Inc., a Delawarecorporation.4. Except as modified herein, the Agreement shall remain in full force and effect.This Amendment may be executed in two or more counterparts, which together constitute oneinstrument.IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on thedates indicated below, to be effective immediately after the Effective Time.           Attest:   Dynegy Inc., an Illinois corporation             /s/ [ILLEGIBLE]   By: /s/ [ILLEGIBLE]                 Title: [ILLEGIBLE]        Date: April 2, 2007  
 
 

 
           Attest:   Vanguard Fiduciary Trust Company               By:                   Title:                     Date:                              Approved and accepted:           Attest:   Dynegy Inc., a Delaware corporation             /s/ [ILLEGIBLE]   By: /s/ [ILLEGIBLE]  ** **     ** **        Title: [ILLEGIBLE]        Date: April 2, 2007  
 
 

 
           Attest:   Vanguard Fiduciary Trust Company             /s/ [ILLEGIBLE]    By: /s/ [ILLEGIBLE]                 Title: Principal        Date: 4/18/2007                 Approved and accepted:             Attest:   Dynegy Inc., a Delaware corporation                 By:                     Title:          Date:
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JAN 27, 2011

JOHN LEY

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 09-13473

Non-Argument Calendar

________________________

D. C. Docket No. 08-00189-CR-6-TWT-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RODOLFO HERNANDEZ,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Northern District of Georgia

_________________________

(January 27, 2011)

Before EDMONDSON, CARNES, and PRYOR, Circuit Judges.

PER CURIAM:

Rodolfo Hernandez appeals his conviction for conspiracy to possess with
intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(vii)

and 846. Although Hernandez was charged with a conspiracy involving 1,000

kilograms or more of marijuana, at his plea colloquy he admitted to a conspiracy

involving only 272 kilograms of marijuana. The district court accepted his guilty

plea and sentenced Hernandez to ten years imprisonment, which is the mandatory

minimum penalty for conspiracy to possess with intent to distribute 1,000

kilograms or more of marijuana. 21 U.S.C. § (b)(1)(A)(vii). Despite the fact that

Hernandez failed to object in the district court, he now contends that the it erred by

not considering the marijuana quantity to be an “essential element” of his charged

offense. Based on that premise, he argues that the district court should have

rejected his guilty plea because he admitted to a conspiracy involving only 272

kilograms and, for the same reason, that there was not an adequate factual basis

under Rule 11 of the Federal Rules of Criminal Procedure for the district court to

accept his guilty plea.

We review these issues for plain error because Hernandez failed to raise

them in the district court. See United States v. Moriarty, 429 F.3d 1012, 1019–20

(11th Cir. 2005). “To establish plain error, a defendant must show there is (1)

error, (2) that is plain, and (3) that affects substantial rights.” Id. at 1020

We have held that drug quantities are sentencing factors as opposed to

2
elements of an offense defined in 21 U.S.C. § 841. See United States v. Baker, 432

F.3d 1189, 1233 (holding that under 21 U.S.C. § 841 “the specific amount and type

of drugs are not elements of the offense”) (emphasis added). Accordingly, because

drug quantity is a sentencing factor, the district court did not err, much less plainly

err, by not considering it to be an element of the Hernandez’s offense. See id.

AFFIRMED.

3
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00422-CV

Jeffrey T. Hanson, Appellant

v.

NNN 1 & 2 Met Center 1, LLC; NNN 1 & 2 Met Center 2, LLC;

NNN 1 & 2 Met Center 3, LLC; NNN 1 & 2 Met Center 4, LLC;

NNN 1 & 2 Met Center 5, LLC; NNN 1 & 2 Met Center 7, LLC; 

NNN 1 & 2 Met Center 10, LLC; NNN 1 & 2 Met Center 11, LLC; 

NNN 1 & 2 Met Center 12, LLC; NNN 1 & 2 Met Center 13, LLC; 

NNN 1 & 2 Met Center 17, LLC; NNN 1 & 2 Met Center 18, LLC; 

NNN 1 & 2 Met Center 19, LLC; NNN 1 & 2 Met Center 20, LLC; 

NNN 1 & 2 Met Center 21, LLC; NNN 1 & 2 Met Center 22, LLC; 

NNN 1 & 2 Met Center 23, LLC, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT

NO. D-1-GN-12-002595, HONORABLE AMY CLARK MEACHUM, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellees filed a status report in this abated appeal requesting that we continue the

abatement of this appeal for 30 days while the parties finalize a settlement agreement. Appellant

does not oppose this request. We abate the appeal until August 7, 2014. All appellate deadlines will

be tolled during the period of abatement. The parties shall submit either a motion to reinstate or a

joint status report concerning the status of settlement negotiations no later than August 7, 2014.
_____________________________________________

J. Woodfin Jones, Chief Justice

Before Chief Justice Jones, Justices Pemberton and Field

Abated

Filed: July 11, 2014

2
H. Res. 675 

In the House of Representatives, U. S., 

July 29, 2009. 

Whereas, on July 17, 2009, 2 unidentified terrorists carried 

out twin suicide bombings at the J.W. Marriott and RitzCarlton hotels in the central business district of Jakarta, 

killing at least 7 people and wounding at least 50; 

Whereas the majority of the victims of the attacks were Indonesian citizens, according to reports; 

Whereas in addition to the Indonesian victims, citizens of 

Australia, New Zealand, and Singapore lost their lives in 

the attacks, and citizens of Australia, Canada, Hong 

Kong, India, Italy, Japan, the Netherlands, Norway, 

South Korea, the United Kingdom, and the United 

States were injured, according to reports; 

Whereas this tragic bombing was the first suicide attack in 

Indonesia since September 2005, demonstrating the 

progress that the Government of Indonesia has made in 

combating terrorism in recent years; 

Whereas Indonesia is the most populous Muslim-majority 

country in the world and is founded on principles of religious tolerance and moderation; 

Whereas Indonesia is developing into a strong multiparty democracy, as demonstrated by its April 2009 parliamentary elections, in which 9 different parties won seats in 
2 

•HRES 675 EH 

the People’s Representative Council (DPR) and voter 

turnout exceeded 60 percent, and its July 2009 presidential election, which was characterized as free and fair 

by preliminary reports; 

Whereas the continued development of Indonesia’s democratic 

norms and institutions will be critical to stemming the 

tide of violent extremism and therefore is in the mutual 

interest of the United States and Indonesia; and 

Whereas the United States Congress has worked in support 

of Indonesian democracy through the Congressional Caucus on Indonesia and the House Democracy Assistance 

Commission, which has had a productive partnership with 

the DPR since 2006 and remains firmly committed to 

continuing this partnership: Now, therefore, be it 

Resolved, That the House of Representatives— 

(1) condemns in the strongest terms the July 17, 

2009, attacks in Jakarta and all other terrorist attacks 

against targets in Indonesia; 

(2) expresses its condolences to the people of Indonesia and the various other countries suffering casualties 

in the attacks; 

(3) supports the efforts of the Government of Indonesia to investigate and prosecute the attacks to the fullest extent of the law, and calls upon Indonesia and its 

neighbors to work together to combat terrorism in 

Southeast Asia; 

(4) expresses its confidence that Indonesia remains 

a reliable partner in the global struggle against ter-
3 

•HRES 675 EH 

rorism and a stable destination for trade, travel, and investment; and 

(5) reaffirms the long-term commitment of the 

United States to the strengthening of democratic institutions and the promotion of peace, prosperity, and ethnic 

and religious tolerance in Indonesia. 

Attest: 

Clerk.
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Notices]
[Page 25932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13067]



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

SMALL BUSINESS ADMINISTRATION


Notice of Closure of Receivership and Surrender of Licensee

    Notice is hereby given that Bethela Capital Corporation 
(``Bethela''), has surrendered its License to operate as a small 
business investment company under the Small Business Investment Act of 
1958, as amended. Bethela was licensed by the Small Business 
Administration on May 9, 1980.
    Pursuant to a Final Order dated October 30, 1995, the receivership 
was terminated. The surrender of the license was accepted on March 20, 
1996, and accordingly, all rights, privileges, and franchises derived 
therefrom have been terminated.

(Catalog of Federal Domestic Assistance Program No. 59.011, Small 
Business Investment Companies)

    Dated: May 15, 1996.
Don A. Christensen,
Associate Administrator for Investment.
[FR Doc. 96-13067 Filed 5-22-96; 8:45 am]
BILLING CODE 8025-01-M
**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

 

 

Each of the undersigned hereby certifies, for the purposes of 18 U.S.C. Section 1350, in his capacity as an officer of Omega Flex, Inc. (the “Company”), that, to his knowledge: 

 

 (a)     the Quarterly Report on Form 10-Q of the Company for the fiscal quarter ended March 31, 2008, as filed with the Securities and Exchange Commission (the “Report”), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and 

 

 (b)     the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

Dated: March 31, 2008

 

/s/  Kevin R. Hoben______________________

 

Kevin R. Hoben

Chief Executive Officer 

 

/s/  E. Lynn Wilkinson_____________________

 

E. Lynn Wilkinson

Chief Financial Officer 

 

| /s/  Paul J. Kane | _____________________ |
|-------------------|-----------------------|

 

Paul J. Kane

Principal Accounting Officer

 

This certification is not deemed to be “filed” for purposes of section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liability of that section.  This certification is not deemed to be incorporated by reference into any filing under the Securities Act of 1933 or Securities Exchange Act of 1934, except to the extent that the Company specifically incorporates it by reference.

 

 

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WO 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

Amber Nicole Worrell, 

Defendant.

No. CR-17-0317-04-PHX-JAT

DETENTION ORDER 

 On March 30, 2018, defendant, Amber Nicole Worrell, appeared before this Court 

on a petition to revoke conditions of release. The Court considered the information 

provided to the Court, and the arguments of counsel, in determining whether the 

defendant should be released on conditions set by the Court. 

 The Court finds, by clear and convincing evidence, that the defendant has violated 

the conditions of release and that there is no condition or combination of conditions 

available to the Court. 18 U.S.C. § 3148(b). 

 IT IS THEREFORE ORDERED that defendant be detained pending further 

proceedings. 

 Dated this 2nd day of April, 2018.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 537 Reported in House (RH)]

                                                  House Calendar No. 83
111th CONGRESS
  1st Session
H. RES. 537

                          [Report No. 111-189]

 Requesting that the President and directing that the Attorney General 
   transmit to the House of Representatives all information in their 
possession relating to specific communications regarding detainees and 
                foreign persons suspected of terrorism.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2009

 Mr. Rogers of Michigan submitted the following resolution; which was 
               referred to the Committee on the Judiciary

                             June 26, 2009

Reported adversely from the Committee on the Judiciary, referred to the 
               House Calendar, and ordered to be printed

_______________________________________________________________________

                               RESOLUTION

 
 Requesting that the President and directing that the Attorney General 
   transmit to the House of Representatives all information in their 
possession relating to specific communications regarding detainees and 
                foreign persons suspected of terrorism.

    Resolved, That the House of Representatives requests the President, 
and directs the Attorney General, to transmit to the House of 
Representatives, not later than 14 days after the date of the adoption 
of this resolution, copies of any portions of all documents, records, 
and communications in their possession referring or relating to the 
notification of rights under Miranda v. Arizona, 384 U.S. 436 (1966), 
by the Department of Justice, including all component agencies, to 
foreign persons, captured in Afghanistan, who are suspected of 
terrorism and detainees in the custody of the Armed Forces of the 
United States in Afghanistan.
                                                  House Calendar No. 83

111th CONGRESS

  1st Session

                              H. RES. 537

                          [Report No. 111-189]

_______________________________________________________________________

                               RESOLUTION

 Requesting that the President and directing that the Attorney General 
   transmit to the House of Representatives all information in their 
possession relating to specific communications regarding detainees and 
                foreign persons suspected of terrorism.

_______________________________________________________________________

                             June 26, 2009

Reported adversely from the Committee on the Judiciary, referred to the 
               House Calendar, and ordered to be printed
```