alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Notices]
[Page 33764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16000]


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


DEPARTMENT OF THE INTERIOR

Land Acquisitions

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of final agency determination to take land into trust 
under 25 CFR Part 151.

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

SUMMARY: The Assistant Secretary--Indian Affairs made a final decision 
to acquire approximately 165 acres of land into trust for the 
Mashantucket Pequot Indian Tribe of Connecticut on May 22, 1996. This 
notice is published in the exercise of authority delegated by the 
Secretary of the Interior to the Assistant Secretary--Indian Affairs by 
209 DM 8.3A.

FOR FURTHER INFORMATION CONTACT: Alice A. Harwood, Bureau of Indian 
Affairs, Division of Real Estate Services, Chief, Branch of Technical 
Services, MS-4522/MIB/Code 220, 1849 C Street, N.W., Washington, D.C. 
20240, telephone (202) 208-7737.

SUPPLEMENTARY INFORMATION: The Department of Interior established a 
procedure to ensure the opportunity for judicial review of 
administrative decisions to acquire title to lands in trust for Indian 
tribes and individual Indians under section 5 of the Indian 
Reorganization Act (IRA) (Public Law 73-383, 48 Stat. 984-988, 25 
U.S.C. 465 and other federal statutes). This notice is issued according 
to the Final Rule establishing a 30-day waiting period after final 
administrative decisions to acquire lands into trust. The Final Rule 
was published in the Federal Register on April 24, 1996, 61 FR 80 
18082-83, 25 CFR Sec. 151.12(b). On May 22, 1996, the Assistant 
Secretary--Indian Affairs decided to accept approximately 165 acres of 
land into trust for the Mashantucket Pequot Indian Tribe of 
Connecticut. The Secretary shall acquire title in the name of the 
United States in trust for the Mashantucket Pequot Indian Tribe for the 
five tracts of land described below no sooner than 30 days after the 
date of this notice.

New London County, Connecticut

Lot #101  Town of North Stonington
Lot #3  Town of North Stonington
Lot #30  Town of Ledyard
Lot #58  Town of Ledyard
Lot #72  Town of Ledyard
Lot #76  Town of Ledyard
Lot #82  Town of Ledyard

    Title to the land described above will be conveyed subject to any 
valid existing easements for public roads, highways, public utilities, 
pipelines, and any other valid easements or rights-of-way now on 
record.

    Dated: May 22, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-16000 Filed 6-27-96; 8:45 am]
BILLING CODE 4310-02-P
EXHIBIT H

(Contains Confidential Information

Filed Under Seal)

2:09-cv-10756-MOB-VMM Doc # 179-8 Filed 07/15/11 Pg 1 of 1 Pg ID 3511
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

JEROME DALE FOLLET, Sr., 

Defendant-Appellant.

No. 19-30111 

D.C. No. 4:16-cr-00012-BMM-1 

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Brian M. Morris, District Judge, Presiding

Submitted January 8, 2020**

Before: CALLAHAN, NGUYEN, and HURWITZ, Circuit Judges.

Jerome Dale Follet, Sr., appeals from the district court’s judgment and 

challenges the 12-month-and-1-day sentence imposed upon his second revocation 

of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we 

affirm.

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JAN 13 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 19-30111 

Follet challenges the district court’s finding that he assaulted his cousin with 

a knife and, therefore, committed a Grade A violation of supervised release. The 

district court did not clearly err by crediting the testimony of the victim and a 

witness over Follet’s contradictory testimony. See United States v. Zakharov, 468 

F.3d 1171, 1178 (9th Cir. 2006) (a district court’s credibility determination is 

almost never clear error). The testimony provided by the victim and the witness

was sufficient to show that Follet committed the violation.1

Follet also contends that the sentence is substantively unreasonable. The 

district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 

51 (2007). The within-Guidelines sentence is substantively reasonable in light of 

the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, 

including Follet’s multiple violations. See Gall, 552 U.S. at 51.

AFFIRMED.

1 Ordinarily, a supervised release violation must be shown by a preponderance of 

the evidence. See United States v. King, 608 F.3d 1122, 1129 (9th Cir. 2010). In 

this case, however, Follet asserted that the clear and convincing evidentiary

standard applied because a finding of a Grade A violation would substantially 

increase the Guidelines range. The government disagreed, but asked the court to 

apply the clear and convincing standard nonetheless. The court then found the 

violation by clear and convincing evidence. We agree that, even if the clear and 

convincing standard applies, it was met here.
Fialka-Feldman v. Oakland University Board of Trustees Doc. 49 Att. 9

Dockets.Justia.com
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Notices]
[Pages 34799-34800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17048]


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

DEPARTMENT OF COMMERCE
[I.D. 062696D]


Western Pacific Fishery Management Council; Public Meeting

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

ACTION: Notice of public meeting.

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

SUMMARY: The Western Pacific Fishery Management Council will hold a 
meeting of its Bottomfish Task Force.

DATES: The meeting will be held on July 23, 1996, from 9:00 a.m. to 
5:00 p.m.

ADDRESSES: The meeting will be held at the Executive Center, 1088 
Bishop St., Room 4003, Honolulu, HI; telephone: (808) 539-3000.
    Council address: Western Pacific Fishery Management Council, 1164 
Bishop St., Suite 1405, Honolulu, HI, 96813.

FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Executive Director; 
telephone: (808) 522-8220.

SUPPLEMENTARY INFORMATION: The task force will hold its second meeting 
to discuss and formulate limited entry alternatives for the Mau Zone 
bottomfish fishery in the Northwestern Hawaiian Islands and consider 
other business as required.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Kitty M. Simonds, 808-522-8220 (voice) or 808-
522-8226 (fax), at least 5 days prior to meeting date.


[[Page 34800]]


    Dated: June 27, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-17048 Filed 7-2-96; 8:45 am]
BILLING CODE 3510-22-F
Exhibit 31.1



CERTIFICATION



I, Byung Yim, certify that:



1.    I have reviewed this quarterly report on Form 10-KSB of TRB Systems International, Inc.;



2.    Based on my knowledge, this quarterly 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 quarterly report;



3.    Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this quarterly report;



4.    The Company's other certifying officer 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 Company and we have:



a.   designed such disclosure controls and procedures, or caused such disclosure controls or procedures to be designed under our supervision, to ensure that material information relating to the Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;



b.   evaluated the effectiveness of the Company'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;



c.   disclosed in this report any change in the Company's internal control over financial reporting that occurred during the Company's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the Company's internal control over financial reporting.



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



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 Company'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 Company's internal control over financial reporting.



Date:  October 22, 2007



/s/ Byung Yim

Byung Yim, CEO & CFO

(Principal Executive Officer and Principal Financial Officer)
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          92,237
<SECURITIES>                                         0
<RECEIVABLES>                                   21,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               242,636
<PP&E>                                         973,654
<DEPRECIATION>                                 135,230
<TOTAL-ASSETS>                               1,081,060
<CURRENT-LIABILITIES>                          510,967
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        68,882
<OTHER-SE>                                     501,211
<TOTAL-LIABILITY-AND-EQUITY>                 1,081,587
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             3,460,728
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                 466,264
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,926,992
<EPS-BASIC>                                       0.06
<EPS-DILUTED>                                        0


</TABLE>
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

ROSETTUS WEEKS,

Plaintiff, No. 08-cv-15124

v. Hon. Denise Page Hood

STATE OF MICHIGAN, MICHIGAN

DEPARTMENT OF COMMUNITY HEALTH, 

JANET OLSZEWSKI, ED DORE, MICHAEL 

HEAD, PATRICK BARRIE, JOSEPH COLLINS, 

and NICHOLAS LYONS,

Defendants.

/

ORDER

On April 15, 2009, the above-named parties stipulated to the dismissal of the individually

named Defendants: Janet Olszewski, Ed Dore, Michael Head, Patrick Barrier, Joseph Collins, and

Nicholas Lyons; and the State of Michigan (upon the Assistant Attorney General’s representation that

the Michigan Department of Community Health is an entity that can be sued). A scheduling order was

also entered on this date.

Accordingly,

IT IS ORDERED that Defendants’ Motion to Dismiss [Docket No. 4, filed January 28,

2009] is MOOT.

IT IS FURTHER ORDERED that the individually named Defendants, Janet Olszewski, Ed

Dore, Michael Head, Patrick Barrier, Joseph Collins, and Nicholas Lyons are dismissed; and the State

of Michigan is dismissed without prejudice. The entity Michigan Department of Community Health

remains as the sole Defendant. s/ 

DENISE PAGE HOOD

Denise Page Hood

United States District Judge

Dated: April 17, 2009

I hereby certify that a copy of the foregoing document was served upon counsel of record on

April 17, 2009, by electronic and/or ordinary mail.

S/William F. Lewis 

Case Manager

2:08-cv-15124-DPH-MJH Doc # 9 Filed 04/17/09 Pg 1 of 1 Pg ID 39
Exhibit
32.2




CERTIFICATION
OF CHIEF FINANCIAL OFFICER


PURSUANT
TO 18 U.S.C. SECTION 1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the accompanying Quarterly Report on Form 10-Q of Ecoland
International, Inc. for the fiscal quarter ending February 28,  2009,
I, David Wallace, Chief Financial Officer of Ecoland International, 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-Q for the fiscal quarter ending February 28, 2009
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-Q for the fiscal
quarter ending February 28, 2009, fairly presents, in all material respects, the
financial condition and results of operations of Ecoland International,
Inc.




Dated:
November 16, 2009




/s/ David WallaceDavid
      Wallace, Chief Financial Officer ofEcoland
      International, Inc.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

NATHANIEL CALEB AVERY,

 Petitioner - Appellant,

 v.

COMMISSIONER OF INTERNAL

REVENUE,

 Respondent - Appellee.

No. 07-72506

Tax Ct. No. 17315-05

MEMORANDUM*

Appeal from a Decision of the

United States Tax Court

Submitted September 22, 2010** 

Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.

The tax court properly upheld the tax determination because the

Commissioner presented “some substantive evidence” that Nathaniel Caleb Avery

(“Avery”) received unreported income, and Avery failed to submit any evidence

FILED

OCT 05 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 07-72506

showing “that the deficiency was arbitrary or erroneous.” Hardy v. Comm’r, 181

F.3d 1002, 1004 (9th Cir. 1999).

The tax court also properly upheld the late-filing addition to tax because

Avery did not file a tax return for 2002 or provide any evidence suggesting

reasonable cause for his failure to do so. See 26 U.S.C. § 6651(a)(1).

The tax court acted within its discretion when imposed a $5,000 penalty,

after finding that Avery had instituted the proceedings primarily for delay and had

advanced frivolous arguments. See 26 U.S.C. § 6673(a) (providing for sanctions

up to $ 25,000 where “proceedings . . . have been instituted or maintained by the

taxpayer primarily for delay” or where “the taxpayer’s position in such proceeding

is frivolous or groundless”); Grimes v. Comm’r, 806 F.2d 1451, 1454 (9th Cir.

1986) (per curiam).

Avery’s contention that the tax court judge was biased is not supported by

the record. See Taylor v. Regents of Univ. of Cal., 993 F.2d 710, 712 (9th Cir.

1993) (adverse rulings alone are insufficient to demonstrate judicial bias). 

Avery’s remaining contentions are unpersuasive. 

AFFIRMED.
EXHIBIT 32.1

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

In connection with the Quarterly Report of VB Trade, Inc. (the "Company") on
Form 10-QSB for the period ending March 31, 2007, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Avi Friedman,
principal 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 the best of my knowledge and belief:

     (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 the operation of the
Company.


/s/ Avi Friedman
----------------------------------------------
Avi Friedman
Principal Executive Officer
May 3, 2007


This certification accompanies this Report pursuant to ss.906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by Registrant for the purposes of
ss.18 of the Securities Exchange Act of 1934, as amended. This certification
shall not be incorporated by reference into any filing under the Securities Act
of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether
made before or after the date of this Report), irrespective of any general
incorporation language contained in such filing.

A signed original of this written statement required by ss.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.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

BRIAN KEITH COURTNEY, SR., #444293,

Petitioner,

Civil No. 09-10842-BC

v. Honorable Thomas L. Ludington

DEBRA L. SCUTT,

Respondent.

_______________________________/

ORDER DENYING PETITIONER’S MOTION FOR RELEASE ON BOND

Petitioner Brian Keith Courtney, Sr., a Michigan prisoner, seeks the issuance of a writ of

habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his plea-based convictions for

conducting a criminal enterprise, Mich. Comp. Laws § 750.159i(1), and obstruction of justice, Mich.

Comp. Laws § 750.505. This matter is before the Court on Petitioner’s motion for release on bond

pending the resolution of his habeas petition. In support of his request, Petitioner states that his case

has been pending for a lengthy period, he is neither a flight risk nor a danger to the community, and

his habeas claims have merit.

The United States Court of Appeals for the Sixth Circuit has stated that to receive bond

pending a decision in a federal habeas case,

prisoners must be able to show not only a substantial claim of law based on the facts

surrounding the petition but also the existence of ‘some circumstance making [the

motion for bail] exceptional and deserving of special treatment in the interests of

justice.’ Aronson v. May, 85 S. Ct. 3, 5; 13 L. Ed. 2d 6, 9 (1964) [additional citations

omitted]. There will be few occasions where a prisoner will meet this standard.

Lee v. Jabe, 989 F.2d 869, 871 (6th Cir. 1993) (quoting Dotson v. Clark, 900 F.2d 77, 79 (6th Cir.

1990)). Federal district courts may grant bail when granting the writ. Sizemore v. District Ct., 735

1:09-cv-10842-TLL-VMM Doc # 22 Filed 05/03/11 Pg 1 of 2 Pg ID 1492
-2-

F.2d 204, 208 (6th Cir. 1984). However, to grant bond prior to making a determination on the merits

is extraordinary. See Moore v. Egeler, 390 F. Supp. 205, 207 (E.D. Mich. 1975) (Feikens, J.).

Having considered the matter, the Court is not persuaded that the interests of justice require that

Petitioner be released on bond pending the resolution of this case. 

Accordingly, it is ORDERED that Petitioner’s motion for release on bond [Dkt. # 21] is

DENIED. 

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: May 3, 2011

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney of record herein by electronic means and upon

Brian Courtney, #444293 at Lakeland Correctional Facility, 141 First

Street, Coldwater, MI 49036 by first class U.S. mail on May 3, 2011.

s/Tracy A. Jacobs 

TRACY A. JACOBS

1:09-cv-10842-TLL-VMM Doc # 22 Filed 05/03/11 Pg 2 of 2 Pg ID 1493
Exhibit 99.2 Form of Proxy for 2004 Annual Meeting.

                                      PROXY

               THIS PROXY IS SOLICITED  ON BEHALF OF THE BOARD OF DIRECTORS  FOR
        THE 2004 ANNUAL MEETING OF SHAREHOLDERS OF HEARTLAND BANCSHARES, INC.

      I hereby appoint Steve Bechman and Jeffrey L. Goben,  and each of them, my
proxies, with power of substitution and revocation, to vote all Common Shares of
Heartland  Bancshares,  Inc. that I am entitled to vote at the Annual Meeting of
Shareholders to be held at Hillview Country Club, 1800 E. King Street, Franklin,
Indiana  46131,  on Monday,  May 17,  2004,  at 6:30 p.m.,  local time,  and any
adjournments thereof, as provided herein:

1.    ELECTION OF DIRECTORS

q        FOR all  nominees  listed  below to serve  until the Annual  Meeting of
         Shareholders in the year 2007 as set forth in the Proxy Statement dated
         March  29,  2004   (except  as  marked  to  the   contrary   below--see
         "Instructions"):

                        J. Michael Jarvis

                        Robert Richardson

                        Patrick A. Sherman

     WITHHOLD AUTHORITY to vote for all nominees listed above

(Instructions:  To  withhold  authority  to vote  for any  nominee,  write  that
nominee's name in the space provided.)


2.    In their  discretion,  the proxies are  authorized to vote upon such other
      business as may properly come before the meeting.

      THIS PROXY WILL BE VOTED AS SPECIFIED.  IN THE ABSENCE OF
SPECIFICATIONS, THIS PROXY WILL BE VOTED FOR ITEM 1.

      SHAREHOLDERS SHOULD MARK, SIGN AND DATE THIS PROXY AND RETURN IT
PROMPTLY IN THE ENCLOSED POST-PAID ENVELOPE.  THIS PROXY MAY BE REVOKED AT
ANY TIME PRIOR TO ITS EXERCISE.

DATED: ________________


                                     Signature or Signatures

                                    (Please sign exactly as your name appears on
                                    this proxy. If shares are issued in the name
                                    of two or more  persons,  all  such  persons
                                    should sign. Trustees,  executors and others
                                    signing in a representative  capacity should
                                    indicate the capacity in which they sign.)