alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH CIR
. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-60754 Summary Calendar

YU CHUN LIAN Petitioner v. MICHAEL B MUKASEY, U S ATTORNEY GENERAL Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A76 505 480
Before SMITH, STEWART, and SOUTHWICK, Circuit Judges. PER CURIAM: * Yu Chun Lian, a native and citizen of China, was ordered removed in absentia after he failed toappear at a 1999removal hearing. In 2005, Lian filed
a second motion to reopen the 1999 removal order. In his petition for review, Lian argues that the Board of Immigration Appeals (BIA) abused its discretion by dismissing his appeal from the immigration judge’s (IJ’s) order denying that motion. L ian does not dispute that his motion to reopen is his second and that it is facially untimely, but instead argues that the “ordinary limits on filing a United States Court of Appeals

Fifth Circuit 

### F I L E D September 30, 2008 Charles R. Fulbruge III ClerkNo. 07-60754

2 motion to reopen are not implicated” in his case because his motion was based
on newand material evidenceestablishing changed country conditions in China. This court hasjurisdiction to review the denial of an untimely motion to reopen based on changed circumstances in the alien’s home country. Panjwani
v. Gonzales, 401 F.3d 626, 632 (5th Cir. 2005). The denial of the motion is reviewed for an abuse of discretion, and the factual findings are review for substantial evidence. Id. The numerical and time limitations on motions to reopen do not apply where the motion is based on “changed circumstances arising in the country of nationality or in the country to which deportation has been ordered, if such evidence is material and was not available and could not have been discovered or presented at the previous hearing.” See 8 C.F.R. § 1003.2(c)(3)(ii); 8 C.F.R. § 1003.23(b)(4)(ii). Lian has not shown that the BIA failed to consider the State Department Report on Country Conditions. Rather, the BIA found that the documentary evidence submitted by Lian, including the Country Report, reflected no change in the conditions in China and that the evidence did not demonstrate that the Chinese Government had a national policy of requiring forced sterilization of parents who return with a second child born outside ofChina. See In reJ-W-S, 24 I. & N. Dec. 185, 192 (BIA 2007). We decline to address Lian’s argument that he is eligible for the underlying substantive reliefofasylum, the withholding of removal, and protection under the Convention Against Torture. See INS v. Orlando Ventura, 537 U.S. 12, 16-17 (2002). PETITION DENIED.
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 quarterly report of Orexigen Therapeutics, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Graham K. Cooper, Chief Financial Officer and Treasurer 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:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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.

Date: May 8, 2009



/s/ Graham K. CooperGraham K. CooperChief Financial Officer and Treasurer


The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not
being filed as part of the Report or as a separate disclosure document.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 16**  **- 6298** 

UNITED STATES OF AMERICA , Plaintiff

– Appellee ,
v. TERRANCE DEANDREW BACKUS , Defendant

- Appellant
.

Appeal from the United States District Court for the Western District of North Carolina , at Asheville
. Martin K. Reidinger , District Judge. ( 1:08

- cr - 00128

- MR

- DLH

- 3 )

Submitted : September 29, 2016 Decided: October 3, 2016

Before SHEDD, KEENAN, and HARRIS , Circuit Judges.

Affirmed by un published per curiam opinion
. Terrance Deandrew Backus, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Terrance Backus appeals the district court’s order s denying relief on his 18 U.S.C. § 3582(c)(2) (2012) motion for reduction of sentence based on amendments to the Sentencing Guidelines for drug offenses and denying his motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district
court. United States v. Backus , No. 1:08

- cr - 00128

- MR

- DLH

- 3 (W.D.N.C. Jan. 19, 2016; Feb. 12, 2016). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

WO

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Charles William Kephart,

Plaintiff, 

v. 

Commissioner of Social Security 

Administration, 

Defendant. 

No. CV-18-08022-PCT-JAT

ORDER 

 Pending before the Court is a stipulation of the parties that Plaintiff be awarded 

attorney’s fees under the Equal Access to Justice Act (“EAJA”). In the stipulation, the 

Government states: “This stipulation constitutes a compromise settlement of Plaintiff’s 

request for attorney fees under the EAJA, and does not constitute an admission of liability 

on the part of the Commissioner under the EAJA.” (Doc. 24). 

 The Ninth Circuit Court of Appeals has explained: 

Pursuant to the EAJA, we are required to award [Plaintiff] fees and 

other expenses incurred in connection with his civil action unless we find 

that the position of the United States was “substantially justified” or that special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A). The test for determining whether the Secretary’s position was substantially justified under the EAJA is whether the position had a reasonable basis in both law and fact—that is, whether it was justified “to a degree that could satisfy a reasonable person.” Pierce v. Underwood, 487 

U.S. 552, 565 (1988); see also Barry v. Bowen, 825 F.2d 1324, 1330 (9th 

Cir. 1987). The burden is on the Secretary to prove that his position was substantially justified. Id.

Russell v. Sullivan, 930 F.2d 1443, 1445 (9th Cir. 1991). 

The Government’s failure to oppose fees, but simultaneous disclaimer as to 
- 2 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Plaintiff’s entitlement to fees, puts the Court in a difficult position. This case was 

remanded by stipulation of the parties (Docs. 21 and 22), and this Court has never evaluated 

either party’s positions. 

Nonetheless, applying the test as articulated in Russell, the Court finds that the 

Government has failed to prove that its position was substantially justified. 930 F.2d at 

1445. Accordingly, the Court finds that Plaintiff is entitled to fees. Therefore, 

IT IS ORDERED that the stipulation for attorney’s fees (Doc. 24) is granted. 

Plaintiff is awarded attorney’s fees under the Equal Access to Justice Act in the amount of 

$5,923.01. 

Dated this 17th day of December, 2018.
I 

118TH CONGRESS 

1ST SESSION H. R. 5995 

To amend title 5, United States Code, to provide that civilian service in 

a temporary position after December 31, 1988, may be creditable service 

under the Federal Employees Retirement System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 19, 2023 

Mr. KILMER (for himself, Mr. CONNOLLY, Mr. VALADAO, and Mr. BACON) 

introduced the following bill 

OCTOBER 25, 2023 

Referred to the Committee on Oversight and Accountability 

A BILL 

To amend title 5, United States Code, to provide that civilian 

service in a temporary position after December 31, 1988, 

may be creditable service under the Federal Employees 

Retirement System, 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 ‘‘Federal Retirement 

5 Fairness Act’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 5995 IH

1 SEC. 2. CREDITABLE SERVICE FOR TEMPORARY EMPLOY2 EES SERVING AFTER 1988. 

3 (a) IN GENERAL.—Section 8411(3) of title 5, United 

4 States Code, is amended by striking ‘‘performed before 

5 January 1, 1989,’’. 

6 (b) APPLICATION.—The amendment made by sub7 section (a) shall apply to any individual who is an em8 ployee (as that term is defined in paragraph (11) of sec9 tion 8401 of title 5, United States Code), including tem10 porary employees of the United States Postal Service, or 

11 a Member (as that term is defined in paragraph (20) of 

12 such section) on or after the date of enactment of this 

13 Act. 

14 (c) NOTIFICATION.—The Director of the Office of 

15 Personnel Management shall notify agency Chief Human 

16 Capital Officers or other appropriate agency officials for 

17 purposes of providing notice to employees and Members 

18 who are eligible to make a deposit for service by operation 

19 of the amendment made by subsection (a). 

20 (d) REGULATIONS.—The Director of the Office of 

21 Personnel Management shall promulgate regulations to 

22 carry out this Act and the amendments made by this Act. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2457-2458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1425]



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

DEPARTMENT OF COMMERCE


National Oceanic and Atmospheric Administration

50 CFR Part 672

[Docket No. 951120272-5272-01; I.D. 012296A]

Groundfish of the Gulf of Alaska; Pollock in Statistical Area 63

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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

SUMMARY: NMFS is prohibiting directed fishing for pollock in 
Statistical Area 63 in the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the interim specification for pollock in 
this area.

EFFECTIVE DATE: 12 noon, Alaska local time (A.l.t.), January 23, 1996, 
until superseded by the final 1996 specifications in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the GOA exclusive 
economic zone is managed by NMFS according to the Fishery Management 
Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management Council under authority of the Magnuson 
Fishery Conservation and Management Act. Fishing by U.S. vessels is 
governed by regulations implementing the FMP at 50 CFR parts 620 and 
672.
    The interim specification of pollock total allowable catch in 
Statistical Area 63 was established by Interim 1996 Harvest 
Specifications (60 FR 61492, November 30, 1995) as 3,250 metric tons 
(mt), determined in accordance with Sec. 672.20(c)(1)(ii)(A).
    The Director, Alaska Region, NMFS (Regional Director), has 
determined, in accordance with Sec. 672.20(c)(2)(ii), that the 1996 
interim specification of pollock in Statistical Area 63 soon will be 
reached. The Regional Director established a directed fishing allowance 
of 3,050 mt, and has set aside the remaining 200 mt as bycatch to 
support other anticipated groundfish fisheries. Consequently, NMFS is 
prohibiting directed fishing for pollock in Statistical Area 63, until 
superseded by the Final 1996 Harvest Specifications of Groundfish in 
the Federal Register.
    Maximum retainable bycatch amounts for applicable gear types may be 
found in the regulations at Sec. 672.20(g) and is exempt from review 
under E.O. 12866.

Classification

    This action is taken under 50 CFR 672.20 and is exempt from review 
under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.


[[Page 2458]]

    Dated: January 22, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-1425 Filed 1-23-96; 4:40 pm]
BILLING CODE 3510-22-P
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**AND CHIEF FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

In connection with the accompanying Quarterly Report on Form 10-QSB of 51147, Inc., for the Quarter Ending July 31, 2006, I, Michael Zahorik, Chief Executive Officer and Chief Financial Officer of 51147, Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that: 

 

1.   Such Quarterly Report on Form 10-QSB for the period ending July 31, 2005, 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 such Quarterly Report on Form 10-QSB for the period ended July 31, 2006, fairly represents in all material respects, the financial condition and results of operations of 51147, Inc. 

 
| Dated: September 21, 2006 |
|---------------------------|

 

**51147, INC.**

 
| By: | */s/ Michael Zahorik*Chief Executive Officer andChief Financial Officer |
|-----|-------------------------------------------------------------------------|
<PAGE>   1

                                                                   EXHIBIT 10.11

                      FIRST AMENDMENT TO ESCO ELECTRONICS
               CORPORATION DIRECTORS' EXTENDED COMPENSATION PLAN


         WHEREAS, ESCO Electronics Corporation ("Company") adopted the ESCO
Electronics Corporation Directors' Extended Compensation Plan ("Plan"); and

         WHEREAS, the Company retained the right to amend the Plan; and

         WHEREAS, the Company desires to amend the Plan effective as of January
1, 2000;

         NOW, THEREFORE, effective as of January 1, 2000, the Plan is amended as
follows:

         1. The second sentence of paragraph 1 of Section IV is revised to
            read as follows:

                    Such Committee shall have the right to amend or terminate
                    the Plan at any time, but no such action shall
                    retroactively reduce the benefits already accured.

         2. The following paragraph is added at the end of Section IV:

                7.  The Plan shall inure to the benefit of and be
                    enforceable by the directors and their legal
                    representatives and shall be binding upon the Company
                    and its successors and assigns. The Company shall
                    require any successor (whether direct or indirect, by
                    purchase, merger, consolidation, sale of assets or
                    otherwise) to assume and expressly agree to perform the
                    duties of the Company under the Plan in the same manner
                    and to the same extent that the Company would be
                    required to perform if no such succession had taken
                    place. The Plan shall be construed and interpreted in
                    accordance with the laws of the State of Missouri
                    without regard to any principles of conflict of laws.
                    Any litigation in respect of the Plan shall be brought
                    in the Federal or State Courts of Missouri.


         IN WITNESS WHEREOF, the foregoing Amendment was adopted on the 3rd day
of February, 2000.









                                       3
###### **EXHIBIT 32.1**

 

#### **Certificate of Chief Executive OfficerPursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

 

                In connection with the annualreport of Summus, Inc. (USA)  (the “Company”) on Form 10-K for the year ended December 31, 2003, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,Gary E. Ban, the Chief Executive Officer ofthe Company, 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 Report fully complieswith the requirements of Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934; and

                2. The information containedin this Report fairly presents, in all material respects, the financial conditions and results of operations of theCompany.

 

 

| Date:          March 30, 2004      | /s/ Gary E. Ban                                       Gary E. Ban    Chief ExecutiveOfficer |
|-------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
**EXHIBIT
        32.1/32.2**
 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 Quarterly Report of International Cellular Accessories
        (the
“Company”) on Form 10-QSB for the quarter ended June 30, 2007 as filed with the
        Securities and Exchange Commission on the date hereof (the “Report”), I,
        Clifford Chapman, Chief Executive and 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, 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.
  A
        signed original of this written statement required by Section 906 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.
  /s/
                    Clifford ChapmanName:
                Clifford
                    ChapmanTitle:
                Chief
                    Executive and Financial OfficerDate:
                August
                    9, 2007
Exhibit 23.1

INDEPENDENT AUDITORS' CONSENT


We consent to the  incorporation  by reference  in  Registration  Statement  No.
333-50260 of Beacon Power  Corporation on Form S-8 of our report dated March 25,
2004, May 12, 2004 as to Note 15, (which  expresses an  unqualified  opinion and
includes an explanatory  paragraph relating to the restatement described in Note
15),  appearing in this Annual Report on Form 10-K/A of Beacon Power Corporation
for the year ended December 31, 2003.

/S/ Deloitte & Touche, LLP

Boston, MA
May 12, 2004
[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Notices]
[Page 29566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14642]



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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families


Submission for OMB Review; Comment Request

    Title: Job Opportunity Basic Skills (JOBS) Participation Rate 
Quarterly Report.
    OMB No.: 0970-0112.
    Description: Jobs participants data collection form ACF-108. States 
are required to report participants' characteristics on a monthly 
basis. The information received from this collection will provide the 
data base to analyze and evaluate the JOBS program relevant to the 
degree in which States are assisting participants to achieve self-
sufficiency and reduce welfare dependency, and provide ACF with 
sufficient information to adequately respond to inquires from Congress 
and other interested parties.
    Respondents: State, Local or Tribal governments.

                                             Annual Burden Estimates                                            
----------------------------------------------------------------------------------------------------------------
                                                                  Number of      Average burden                 
                 Instrument                      Number of      responses per      hours per       Total burden 
                                                respondents       respondent        response          hours     
----------------------------------------------------------------------------------------------------------------
ACF-108.....................................              54               21                2            1,296 
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Hours: 1,296.
    Additional Information: Copies of the proposed collection may be 
obtained by writing to The Administration for Children and Families, 
Office of Information Services, 370 L'Enfant Promenade, SW., 
Washington, DC 20447, Attn: ACF Reports Clearance Officer.
    OMB Comment: OMB is required to make a decision concerning the 
collection of information between 30 and 60 days after publication of 
this document in the Federal Register. Therefore, a comment is best 
assured of having its full effect if OMB receives it within 30 days of 
publication. Written comments and recommendations for the proposed 
information collection should be sent directly to the following: Office 
of Management and Budget, Paperwork Reduction Project, 725 17th Street, 
NW., Washington, DC, 20503, Attn: Ms. Wendy Taylor.

    Dated: June 5, 1996.
Larry Guerrero,
Director, Office of Information Services.
[FR Doc. 96-14642 Filed 6-10-96; 8:45 am]
BILLING CODE 4184-01-M