alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 7254** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. JOSEPH R. BEILHARZ , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria
. Leonie M. Brinkema , District Judge. ( 1:09

- cr - 00105

- LMB

- 1; 1:11

- cv - 01222

- LMB )

Submitted : November 13 , 2012 Decided: November 15, 2012

Before NIEMEYER, GREGORY, and DIAZ , Circuit Judges.

Dismissed by un published per curiam opinion
. Joseph R. Beilharz, Appellant Pro Se. Timothy D. Belevetz, Assistant United States Attorney, Kealin M. Culbreath, Vikram Jagadish, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
Unpublished opi nions are not binding precedent in this circuit.PER CURIAM: Joseph R. Beilharz seeks to appeal the district court’s order denying relief on his 28 U.S.C. A. § 2255 ( West Supp. 2012 ) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (B) (200 6 ). A certi ficate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (200 6 ). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that

re asonable jurists would find that the district court’s assessment of the constitutional claims is debatable or
wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutio nal right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Beilharz has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument b ecause the facts and legal3 contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED
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 on Form 10-K of Equity Inns, Inc.
(the "Company") for the period ending December 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, J.
Mitchell Collins, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. ss. 1350 as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

         (1) the Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

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







March 12, 2004                                   By:/s/J. Mitchell Collins
                                                          ----------------------
                                                 Name:  J. Mitchell Collins
                                                 Title: Chief Financial Officer
Exhibit 32.1
 
 Certification of Principal Executive 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 Quarterly Report of BLS Media, Inc. a Nevada corporation (the “Company”) on Form 10-Q for the period ending June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Brittany Prager, Chief Executive Officer of the Company, certifies to the best of her knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:
 
 (1)
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
 (2)
The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.
 
 A signed original of this written statement required by Section 906 has been provided to BLS Media, Inc., and will be retained by BLS Media, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
 
 /s/ Brittany PragerBrittany Prager

Chief Executive Officer

August 5, 2010
Exhibit 21.1





Subsidiaries of Summit Properties Inc .











Name of Subsidiary
State of OrganizationSummit Properties Partnership, L.P.
DelawareSummit Financing, Inc.
North CarolinaSummit Southwest I, Inc.
MarylandSummit Southwest GP, Inc.
MarylandNagrom Enterprises, Inc.
PennsylvaniaSummit Management Company
MarylandSummit Apartment Builders, Inc.
FloridaHome Ownership Made Easy, LLC
DelawareStony Point/Summit, LLC
North CarolinaSummit/Belmont, LLC
North CarolinaHenderson/McGuire, LLC
North CarolinaMcGregor/McGuire, LLC
North CarolinaPortofino Place, Ltd.
FloridaFoxcroft East Associates
North CarolinaSummit Southwest I, L.P.
DelawareSummit Valley Brook, LLC
DelawareSummit Shiloh, LLC
GeorgiaSummit Sweetwater, LLC
GeorgiaSummit Grandview, LLC
North CarolinaSummit Grand Parc, LLC
DelawareSummit Roosevelt, LLC
DelawarePAPEC Silo Creek, LLC
DelawareSummit Brickellview, LLC
DelawareSZF, LLC
DelawareCoral Way, LLC
DelawareSummit Russett, LLC
Delaware
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 570 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 570

To provide for the improved enforcement of the employer sanctions law, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1995

Mr. Beilenson introduced the following bill; which was referred to the 
 Committee on Ways and Means and, in addition, to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To provide for the improved enforcement of the employer sanctions law, 
                        and for other purposes.

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

SECTION 1. DEVELOPMENT OF NEW SOCIAL SECURITY CARD.

    (a) Development of New Card.--Not later than January 1, 1998, the 
Secretary of Health and Human Services, acting through the Social 
Security Administration and in cooperation with the Attorney General 
and the Secretary of Labor, shall consider and develop a counterfeit-
resistant social security card which contains fingerprint 
identification, barcode validation, a photograph, or some other 
identifiable feature.
    (b) Work Authorization Document.--Not later than January 1, 1998, 
the Attorney General shall designate the social security card as the 
single acceptable work authorization document under the Immigration 
Reform and Control Act.
                                 <all>
```
DAVID A. MENDOZA, ATIORNEY AT LAW 

MENDOZA LAW OFFICES, PLLC 

608 S. GUADALUPE STREET 

SAN MARCOS, TEXAS 78666 

June 2, 2015 

Ms. Lori Schmid 

CSR, Hays County Court at Law 

Hays County Government Center 

712 S. Stagecoach Trail, Suite 2292 

San Marcos, Texas 78666 

RE: 

Cause No.: 

3;a COA#: 

WRlT HABEAS CORPUS - State of Texas v. Jose Concepcion Loredo 

095790 (ABI-FV) 

03-15-00301-CR 

Dear Ms. Schmid: 

We received notice that the Third Court of Appeals received a copy of the reporter's record. By 

letter dated April 22, 2015, we requested that you forward the reporter's record to the Texas Court 

of Criminal Appeals in accordance with articles 11.07 (3 )( c) and 11.09. Additionally, we paid your 

fee of $75 by check# 2414 to do the same. 

On May 12, 2015, you informed this office that you could not file the transcript until we filed a 

notice of appeal with the Third Court of Appeals. Consequently, we filed a notice of appeal with 

the Third Court of Appeals. Please send me a copy of the transcript. 

If you have any questions, do not hesitate to contact me at 512-757-8830. 

David A. Mendoza 

Attorney at Law 

SBN 24046426 

Cc: Hays County District Attorney, via facsimile 512-393-7619 

/ 

Third Court of Appeals, P.O. Box 12547, Austin, Texas 78711-2547 

• PH: 512-757-8830 • MENDOZAONE@YAHOO.COM • WWW.DOZALAW.COM • FAX: 512-878-8426 • 

ACCEPTED

03-15-00301-CV

561269

THIRD COURT OF APPEALS

AUSTIN, TEXAS

6/10/2015 9:01:29 AM

JEFFREY D. KYLE

CLERK

 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/10/2015 9:01:29 AM JEFFREY D. KYLE Clerk
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

BETHLEHEM STEEL CORPORATION,

Petitioner,

v.

ELOAH EL-EMANU-EL; DIRECTOR,

No. 96-2345

OFFICE OF WORKERS' COMPENSATION

PROGRAMS, UNITED STATES

DEPARTMENT OF LABOR,

Respondents.

On Petition for Review of an Order

of the Benefits Review Board.

(93-2347)

Submitted: August 29, 1997

Decided: September 19, 1997

Before HALL, HAMILTON, and WILLIAMS, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Richard W. Scheiner, SEMMES, BOWEN & SEMMES, Baltimore,

Maryland, for Petitioner. Bernard G. Link, Lutherville, Maryland, for

Respondents.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Bethlehem Steel Corporation ("Bethlehem Steel") petitions for

review of a decision and order of the Benefits Review Board affirming an order of an Administrative Law Judge that awarded interest on

benefits granted to Eloah El-Emanu-El under the Longshore and Harbor Worker's Compensation Act ("the Act"), 33 U.S.C.A. §§ 901-950

(West 1986 & Supp. 1997). Although Bethlehem Steel does not dispute the grant of benefits, it contends that the award of interest was

improper. Based on precedent in this court and other circuits, we disagree. Consequently, we affirm.

As Bethlehem Steel correctly notes, the Act is silent regarding

interest payments on past due compensation awards. However, courts

that have addressed this issue, including this court, have permitted

such awards. See Sea-land Serv., Inc. v. Barry , 41 F.3d 903, 910-11

(3d Cir. 1994); Foundation Const., Inc. v. Director, 950 F.2d 621,

625 (9th Cir. 1991); Quave v. Progress Marine , 912 F.2d 798, 801

(5th Cir. 1990); Newport News Shipbuilding & Dry Dock Co. v.

Director, 594 F.2d 986, 987 (4th Cir. 1979); Newport News Shipbuilding & Dry Dock Co. v. Graham, 573 F.2d 167, 171 (4th Cir.

1978). Assessment of interest in these situations is proper because

after the compensation is due but unpaid, the employer has use of

money owed to the claimant. See Newport News Shipbuilding & Dry

Dock Co. v. Director, 594 F.2d at 987. Accordingly, the assessment

of interest on past due compensation was appropriate in this case.

For this reason, we affirm the order of the Benefits Review Board.

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.

AFFIRMED

 2
#### Frank Jones, Respondent, v. Albert Oot, Appellant.

Motion to dismiss appeal granted.
#### Howard C. EVERETT, Plaintiff-Appellee, v. SHREVEPORT YELLOW CABS, Inc., Defendant-Appellant.

No. 5716.

Court of Appeal of Louisiana. Second Circuit.

June 30, 1938.

Rehearing Denied July 15, 1938.

Jackson & Mayer, of Shreveport, for appellant.

Coleman & Morgan, of Shreveport, for appellee.

DREW, Judge.

This is a companion case to Miss Rebecca Rockefeller v. Shreveport Yellow Cabs, No. 5717, 182 So. 141 decided by us this day. Damages claimed in- both cases arose out of the same accident. In No. 5717, a guest in the car sued for damages for personal injuries and in the case at bar the owner of the car is suing for damages to his car. The two cases were consolidated below and tried on the same note of evidence. There is no contest over the amount due in the case if defendant is-found to be liable.

The lower court awarded plaintiff judgment in the sum of $198.15, with legal interest thereon from judicial demand, and for the reasons assigned in case No. 5717,. styled Miss Rebecca Rockefeller v. Shreveport Yellow Cabs, Inc., supra the judgment of the lower court is affirmed with costs.
I

104TH CONGRESS

1ST SESSION H. R. 774

To amend the International Air Transportation Competition Act of 1979.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 1, 1995

Mrs. MEYERS of Kansas (for herself, Mr. ROBERTS, Mr. TIAHRT, Mr.

BROWNBACK, Mr. ROHRABACHER, Mr. VISCLOSKY, Mr. MCCARTHY, Mr.

SKELTON, Mr. HANCOCK, Mr. KNOLLENBERG, Mrs. SEASTRAND, Mr.

LONGLEY, Mr. JACOBS, Mr. PETRI, and Ms. DANNER) introduced the following bill; which was referred to the Committee on Transportation and

Infrastructure

A BILL

To amend the International Air Transportation Competition

Act of 1979.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That section 29 of the International Air Transportation

4 Competition Act of 1979 (94 Stat. 48; 49) is repealed.

Æ
I 

117TH CONGRESS 

1ST SESSION H. R. 6025 

To conduct or support further comprehensive research for the creation of 

a universal influenza vaccine or preventative. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2021 

Ms. DELAURO introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To conduct or support further comprehensive research for 

the creation of a universal influenza vaccine or preventative. 

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 ‘‘Flu Vaccine Act’’. 

5 SEC. 2. RESEARCH FOR THE CREATION OF A UNIVERSAL 

6 INFLUENZA VACCINE OR PREVENTATIVE. 

7 (a) IN GENERAL.—The Director of the National In8 stitute of Allergy and Infectious Diseases shall conduct or 

9 support comprehensive research for the creation of a uni10 versal influenza vaccine or preventative. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 6025 IH

1 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

2 out this section, there are authorized to be appropriated 

3 $200,000,000 for each of fiscal years 2022 through 2026. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
* Pursuant to 5TH 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-51053

Summary Calendar

DAVID L HOWARD

Plaintiff - Appellant

LA FERIA A HOWARD; LYNDA S HOWARD; 

DAVID HOWARD, JR; TATSUO R HOWARD; 

YOUKO M HOWARD; PRECIOUS T HOWARD;

PRINCESS M HOWARD

Appellants

v.

MICHAEL J ASTRUE, COMMISSIONER 

OF SOCIAL SECURITY

Defendant – Appellee

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:06-CV-790

Before REAVLEY, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

United States Court of Appeals

Fifth Circuit

F I L E D

March 6, 2008

Charles R. Fulbruge III

Clerk
No. 07-51053

Summary Calendar

2

The only legal question before this court, and the only question over which

we have jurisdiction, is the legal correctness of the district court’s judgment

entered on August 1, 2007. That presents the question of whether substantial

evidence supports the Commissioner’s decision and computation of Mr. Howard’s

Social Security benefits. This court agrees with the district court and affirms

that judgment.

AFFIRMED.
**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 Largo Vista Group, Ltd (the "Company")
      on
      Form 10-KSB for the period ending December 31, 2005, as filed with the
      Securities and Exchange Commission (the "Report"), the undersigned, Albert
      Figueroa, Secretary/Treasurer of the Company, certifies to the best of his
      knowledge, pursuant to 18 U.S.C. 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.





Date:
      May
      15, 2006





/s/
      Albert Figueroa


Albert
      Figueroa, Principal Accounting Officer





This
      certification accompanies this Report pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
      purposes of Section 18 of the Securities Exchange Act of 1934, as
      amended.
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 on Form 10-Q of Panhandle Eastern Pipe Line
Company, LP (the "Company") for the quarter ended June 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Richard N. Marshall, as Senior Vice President and Chief Financial Officer of the
Company, hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §
906 of the Sarbanes-Oxley Act of 2002, that (i) the Report fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, as amended; and (ii) the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.





/s/   RICHARD
N. MARSHALL


Richard
N. Marshall


Senior
Vice President and Chief Financial Officer





August 7,
2008














This
Certification is being furnished solely to accompany the Report pursuant to 18
U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, and shall not be deemed “filed” by the Company for purposes of Section 18
of the Securities Exchange Act of 1934, as amended, and shall not be
incorporated by reference into any filing of the Company 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 Section 906, or other documents
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version 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.
EXHIBIT
31.1





CERTIFICATION





I, David
C. Habiger, certify that:




1.
      I have reviewed this Amendment No. 1 to the
annual report on Form 10-K/A of Sonic Solutions; and




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.




February
5, 2010





/s/
      David C. HabigerDavid
      C. HabigerPresident
      and Chief Executive Officer
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

     I,  Dennis  Sunshine, Chief Executive Officer of Orbit International Corp.,
certify,  pursuant to 18 U.S.C.   1350, as enacted by  906 of the Sarbanes-Oxley
Act  of  2002,  that:
(1)     the Quarterly Report on Form 10-QSB for the quarterly period ended March
31, 2006 (the "Periodic Report") which this statement accompanies fully complies
with  the  requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of  1934;  and
(2)     information  contained  in  the  Periodic Report fairly presents, in all
material  respects,  the  financial condition and results of operations of Orbit
International  Corp.
Dated: May 15, 2006
                                   /s/ Dennis Sunshine
                                   -------------------
                                   Dennis Sunshine
                                   Chief Executive Officer

A  signed  original  of this written statement required by Section 906, or other
document  authenticating, acknowledging or otherwise adopting the signature that
appears  in  typed  form within the electronic version of this written statement
required by Section 906, has been provided to Orbit International Corp. and will
be  retained  by  Orbit  International Corp. and furnished to the Securities and
Exchange  Commission  or  its  staff  upon  request.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                      20,712,925
<SECURITIES>                                         0
<RECEIVABLES>                                  263,144
<ALLOWANCES>                                         0
<INVENTORY>                                 82,698,068
<CURRENT-ASSETS>                                     0
<PP&E>                                       6,711,982
<DEPRECIATION>                               3,879,847
<TOTAL-ASSETS>                             114,854,478
<CURRENT-LIABILITIES>                                0
<BONDS>                                     52,647,414
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       462,553
<OTHER-SE>                                  47,704,617
<TOTAL-LIABILITY-AND-EQUITY>               114,854,478
<SALES>                                     44,198,085
<TOTAL-REVENUES>                            53,260,546
<CGS>                                       39,991,093
<TOTAL-COSTS>                               44,129,413
<OTHER-EXPENSES>                             7,701,100
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             241,651
<INCOME-PRETAX>                              1,188,442
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,188,442
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,188,442
<EPS-BASIC>                                        .26
<EPS-DILUTED>                                      .26


</TABLE>