alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED December 13, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-31259 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JENEALIOUS T. JOHNSON, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana

USDC No. 5:04-50049

-------------------- Before JOLLY, DAVIS and OWEN, Circuit Judges.
PER CURIAM: * Jenealious T. Johnson appeals his conditional guilty-plea conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He argues that the district court erred in denying his motion to suppress evidence seized by state probation and parole officers on the day of his arrest, because the search by the officers violated his federal and state constitutional rights.No. 04-31259 -2- After Johnson allowed the probation officers into his residence, one of the officers observed a small baggie commonly used to package illegal narcotics. When the officer asked Johnson if he would test positive for illegal drugs that day, he said he would. Accordingly, Johnson conceded to the officers that he had violated a condition of his probation and, based on that statement and the empty baggie in the living room, the officers had reasonable suspicion that drugs or drug paraphernalia would be found in the residence. See L A . C ODE . C RIM . P RO . art. 895; United States v. Keith , 375 F.3d 346, 349-50 (5th Cir.), cert. denied , 125 S. Ct. 367 (2004)

. The search of Johnson’s residence did not violate the Fourth Amendment. See Keith , 375 F.3d at 349-50. Further, assuming that the evidence seized on the day of Johnson’s arrest was seized from his brother’s bedroom and assuming, as Johnson asserts, that his brother’s room was inaccessible to him, Johnson has no standing to bring a Fourth Amendment challenge to the search of his brother’s room. See United States v. Wilson , 36 F.3d 1298, 1302 (5th Cir. 1994); see also United States v. Phillips , 382 F.3d 489, 496-97 (5th Cir. 2004). Finally, although Johnson argues that the search violated his state constitutional rights, the reasonableness of the search under the Fourth Amendment is not dependent upon state law. United States v. Eastland , 989 F.2d 760, 766 (5th Cir. 1993); see also United States v. Walker , 960 F.2d 409, 415 (5th Cir. 1992). Accordingly, Johnson’s conviction is AFFIRMED.
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.                  

###### National Council on Disability

# AGENCY:

National Council on Disability (NCD). 

Pursuant to the Federal Advisory Committee Act, Pub. L. 92-463, NCD gives notice that its Cultural Diversity Advisory Committee (CDAC) will hold a meeting by conference call on the date and time noted below. 

*Date and Time:*                         Thursday, August 21, 2008, 2:30 p.m. EDT.                     

*Place:*                         NCD, 1331 F Street, NW., Suite 850, Washington, DC 20004.                     

*Status:*                         All parts of this conference call will be open to the public. People interested in participating on this call should contact the appropriate staff member listed below. Due to limited resources, only a few telephone lines will be available.                     

*Agenda:*                         Roll call, announcements, reports, new business, adjournment. A detailed agenda will be posted 10 days before the meeting at                         *http://www.ncd.gov/​newsroom/​advisory/​cultural/​cultural.htm*.                     

*Contact Person for More Information:*                         To obtain information on the meeting, including the call-in number, please contact Mark S. Quigley, NCD, 1331 F Street, NW., Suite 850, Washington, DC 20004, 202-272-2008 (direct voice), 202-272-2074 (TTY), 202-272-2022 (fax),                         *mquigley@ncd.gov*                         (e-mail).                     

*Cultural Diversity Advisory Committee Mission:*                         The purpose of NCD's CDAC is to provide advice and recommendations to NCD on issues affecting people with disabilities from culturally diverse backgrounds.                     

*Accommodations:*                         People needing reasonable accommodations should notify NCD immediately.                     

Dated: August 8, 2008. 

Michael C. Collins, 

Executive Director.

[FR Doc. E8-18969 Filed 8-14-08; 8:45 am] 

BILLING CODE 6820-MA-P
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> AUSTRALIAN DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-START>                             JUL-01-1995
<PERIOD-END>                               JUN-30-1996
<EXCHANGE-RATE>                                  .7875
<CASH>                                           1,805
<SECURITIES>                                         0
<RECEIVABLES>                                   23,952
<ALLOWANCES>                                       386
<INVENTORY>                                     33,809
<CURRENT-ASSETS>                                60,860
<PP&E>                                         105,063
<DEPRECIATION>                                  47,964
<TOTAL-ASSETS>                                 144,588
<CURRENT-LIABILITIES>                           28,946
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        14,559
<OTHER-SE>                                      84,702
<TOTAL-LIABILITY-AND-EQUITY>                   144,588
<SALES>                                        173,783
<TOTAL-REVENUES>                               173,783
<CGS>                                          143,087
<TOTAL-COSTS>                                  143,087
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,502
<INCOME-PRETAX>                                 29,194
<INCOME-TAX>                                    10,397
<INCOME-CONTINUING>                             18,797
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                        2,750
<NET-INCOME>                                    16,047
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>CHANGES REPRESENTS MINORITY INTEREST IN OPERATING PROFIT
</FN>


</TABLE>
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.                  

###### International Trade Commission

          - [USITC SE-08-025]

# Agency Holding the Meeting:

 United States International Trade Commission.

# Time and Date:

August 15, 2008 at 11 a.m.

      ( print page 48242)    

# Place:

 Room 101, 500 E Street,  SW., Washington, DC 20436, Telephone: (202) 205-2000.

# Status:

 Open to the public.

# Background:

 The Commissioners announced their individual votes in Inv. Nos. 701-TA-452 and 731-TA-1129-1130 (Final) (Raw Flexible Magnets from China and Taiwan) on August 12, 2008, during a public meeting convened under the Sunshine Act. During that meeting, two Commissioners inadvertently issued announcements not fully reflecting their actual votes. Accordingly, in the interests of transparency, the Commissioners have determined to re-announce and clarify their votes in these investigations at a public meeting scheduled for 11 a.m. on Friday, August 15, 2008. On August 12, 2008, the outstanding action jacket listed on the agenda for the meeting of August 15, 2008 (73 FR 46334) (August 8, 2008) cleared the Commission.

# Actions:

 In accordance with 19 CFR 201.37 (b), the following agenda items are being added to the meeting of August 15, 2008 at 11 a.m.:

Agenda Item 5: Inv. Nos. 701-TA-452 and 731-TA-1129-1130 (Final) (Raw Flexible Magnets from China and Taiwan)—clarification and re-vote. (The Commission is currently scheduled to transmit its determinations and Commissioners' opinions to the Secretary of Commerce on or before August 25, 2008.)

Agenda Item 6: Outstanding action jackets: None

In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Earlier notification of these amendments to the agenda was not possible.

Issued: August 13, 2008.

By order of the Commission.

William R. Bishop,

Hearings and Meetings Coordinator.

[FR Doc. E8-19111 Filed 8-15-08; 8:45 am]

BILLING CODE 7020-02-P
EXHIBIT 10.5
                                                                    ------------


                           ACKNOWLEDGMENT AND CONSENT
                           --------------------------


         The undersigned hereby consents to the execution and delivery by LEVCOR
INTERNATIONAL, INC. ("Levcor") of Endorsement No. 6, dated July 26, 2006 (the
"Endorsement") to the Promissory Note, dated May 3, 2002 made by Levcor to
JPMORGAN CHASE BANK (the "Bank") in the principal amount of $3,000,000 (the
"Note") and acknowledges and agrees that the execution and delivery by Levcor of
the Endorsement to the Note shall have no effect upon (a) the undersigned's
Guaranty, dated April 30, 2002 (the "Guaranty") of Levcor's obligations to the
Bank pursuant to the Note, (b) the undersigned's Pledge Agreement, dated January
24, 2003 (the "Pledge Agreement") granting to the Bank a security interest in a
certain collateral securities account maintained at LEHMAN BROTHERS INC. ("LBI")
and (c) the Pledged Collateral Account Control Agreement, dated as of April 29,
2002 (the "Control Agreement"), executed by the undersigned, LBI and the Bank,
each of which shall remain in full force and effect. Undersigned further
confirms that no Default or Event of Default has occurred or is continuing
pursuant to the terms of the Note, the Guaranty or the Control Agreement.




                                       /s/ ROBERT A. LEVINSON
                                       -----------------------------------------
                                       Robert A. Levinson
I

104TH CONGRESS

1ST SESSION H. R. 640

To modify the boundaries of three units of the National Park System in

the State of West Virginia.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 23, 1995

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

Committee on Resources

A BILL

To modify the boundaries of three units of the National

Park System in the State of West Virginia.

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 ‘‘West Virginia National

5 Rivers Boundary Modifications Act of 1995’’.

6 SEC. 2. NEW RIVER GORGE NATIONAL RIVER.

7 Section 1101 of the National Parks and Recreation

8 Act of 1978 (16 U.S.C. 460m–15) is amended by striking

9 out ‘‘NERI–80,023, dated January 1987’’ and inserting

10 ‘‘NERI–80,028, dated January 1993’’.
2

HR 640 IH

1 SEC. 3. GAULEY RIVER NATIONAL RECREATION AREA.

2 Section 201(b) of the West Virginia National Interest

3 River Conservation Act of 1987 (16 U.S.C. 460ww(b)) is

4 amended by striking out ‘‘NRA–GR/20,000A and dated

5 July 1987’’ and inserting ‘‘GARI–80,001 and dated Janu6 ary 1993’’.

7 SEC. 4. BLUESTONE NATIONAL SCENIC RIVER.

8 Section 3(a)(65) of the Wild and Scenic Rivers Act

9 (16 U.S.C. 1274(a)(65)) is amended by striking out

10 ‘‘WSR–BLU/20,000, and dated January 1987’’ and in11 serting ‘‘BLUE–80,004, and dated January 1993’’.

Æ
#### Edward B. Goodman v. State.

No. 25008.

November 15, 1950.

*W. E. Martin,*Abilene, for appellant.

*George P. Blackburn,*State’s Attorney, Austin, for the state.

BEAUCHAMP, Judge.

Appellant was convicted by a jury on a charge of possessing beer for sale in a dry area. His punishment was assessed at a $100.00 fine and thirty days in jail.

Only one witness testified in behalf of the state. Armed with a search warrant he went to the premises where appellant and four others were found drinking beer in the kitchen. He asked who was in possession of the premises and appellant replied that he was. The officer then served him with a search warrant and obtained, as the fruits of the search, twenty-five bottles of beer, a sufficient quantity to support a presumption of guilt under the charge. The witness said that he had seen the defendant at the same place on a prior occasion.

Appellant did not testify or make any denial of the foregoing evidence. Some witnesses, including his father, testified as character witnesses. Another party testified in his behalf that the house belonged to a sister of such witness, but that a brother was occupying it at the time of the search. That brother had joined the armed services and did not appear as a witness. No other pertinent testimony is found in the record.

The court gave a general charge, together with some special charges. Appellant requested two special charges. One of these *249was a charge on circumstantial evidence. We do not view this as a circumstantial evidence case.

The second requested special charge, which was refused by the court, instructed the jury that if they believed the beer in question was in the possession of Joe McLoughlin, or they had a reasonable doubt thereof, they would acquit the defendant even though they should find further that appellant was temporarily in charge of the house where the beer was found.

The record before us does not contain any evidence to warrant such charge and it was properly refused by the court.

Finding no reversible error, the judgment of the trial court is affirmed.
EXHIBIT 32.1

                  CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND
                        ACTING CHIEF FINANCIAL OFFICER OF
                                AVRO ENERGY INC.
            FORM 10-Q FOR THE THREE MONTH PERIOD ENDED MARCH 31, 2011
                 PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Mike P. Kurtanjek, am the Chief Executive Officer and acting Chief Financial
Officer of Avro Energy Inc., a Nevada corporation (the "Company"). I am
delivering this certificate in connection with the Quarterly Report on Form 10-Q
of the Company for the three month period ended March 31, 2011 and filed with
the Securities and Exchange Commission ("Quarterly Report").

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge,
the Quarterly Report fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934 and that the information
contained in the Quarterly Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.


Date: May 20, 2011          By: /s/ Mike P. Kurtanjek
                                ------------------------------------------------
                                Mike P. Kurtanjek
                                Chief Executive Officer, President,
                                acting Chief Financial Officer,
                                acting Principal Accounting Officer and Director
Exhibit 32.1



CERTIFICATION OF

PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the accompanying Quarterly Report on Form 10-Q of Gas
Transmission Northwest Corporation for the quarter ended March 31, 2004, I, P. Chrisman Iribe, President of Gas Transmission Northwest Corporation, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 quarter ended March 31, 2004, 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 quarter ended March 31, 2004, fairly presents, in all material respects, the financial condition and results
of operations of Gas Transmission Northwest Corporation.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|             |  |                      
|------------ |  | ---------------------
|May 11, 2004 |  | /s/ P. Chrisman Iribe
|             |  | P. Chrisman Iribe    
|             |  | President            



A signed original of
this written statement required by Section 906 has been provided to Gas Transmission Northwest Corporation and will be retained by Gas Transmission Northwest Corporation and furnished to the Securities and Exchange Commission or its staff upon
request.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 653 Referred in Senate (RFS)]

  1st Session
                                H. R. 653

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 6, 1995

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT

 
 To designate the United States courthouse under construction in White 
      Plains, New York, as the ``Thurgood Marshall United States 
                             Courthouse''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The United States courthouse under construction at 300 Quarropas 
Street in White Plains, New York, shallbe known and designated as the 
``Thurgood Marshall United States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States courthouse referred to 
in section 1 shall be deemed to be a reference to the ``Thurgood 
Marshall United States Courthouse''.

            Passed the House of Representatives December 5, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                              By Linda Nave,

                                                          Deputy Clerk.
```
[Federal Register Volume 73, Number 161 (Tuesday, August 19, 2008)]
[Notices]
[Page 48411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19214]



[[Page 48411]]

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

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and 
Exchange Commission will hold a Closed Meeting on Thursday, August 21, 
2008 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the 
scheduled matters at the Closed Meeting.
    Commissioner Paredes, as duty officer, voted to consider the items 
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting scheduled for Thursday, 
August 21, 2008 will be:

Formal orders of investigation;
institution and settlement of injunctive actions;
institution and settlement of administrative proceedings of an 
enforcement nature; and
adjudicatory matters.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact:
    The Office of the Secretary at (202) 551-5400.

    Dated: August 14, 2008.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-19214 Filed 8-18-08; 8:45 am]
BILLING CODE 8010-01-P
EXHIBIT 32



<PAGE>


      In connection with the Quarterly Report of Tongji Healthcare Group, Inc.
(the "Company") on Form 10-Q for the period ended September 30, 2008 as filed
with the Securities and Exchange Commission (the "Report"), Yun-hui Yu, the
Company's Principal Executive Officer and Wei-dong Huang, the Company's
Principal 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 to the best of their 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 the Company.


                                    TONGJI HEALTHCARE GROUP, INC.


October 31, 2008                By:
                                     --------------------------------
                                     Yun-hui Yu, Principal Executive Officer


October 31, 2008                By:
                                     -------------------------------
                                     Wei-dong Huang, Principal Financial Officer