alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Brandon Caine DELAMAR, Defendant-Appellant.

No. 02-4560.

United States Court of Appeals, Fourth Circuit.

Submitted Nov. 7, 2002.

Decided Nov. 13, 2002.

Louis C. Allen III, Federal Public Defender, William C. Ingram, Assistant Federal Public Defender, Robert M. Hamilton, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Robert M. Hamilton, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Before WILLIAM D. WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

PER CURIAM.

Brandon Caine Delamar appeals his conviction and sentence for one count of bank robbery in violation of 18 U.S.C. § 2113(a) (2000). Delamar was sentenced to 160 months’ imprisonment, less than the statutory maximum term of imprisonment authorized by statute. On appeal, Delamar contends the district court imposed a sentence in violation of the rule announced in *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), by *150finding he was a career offender based upon prior convictions not alleged in the indictment. This claim is without merit. “[F]aetual determinations that increase a defendant’s sentence under the sentencing guidelines do not implicate *Apprendi*and may be made by the sentencing judge as long as the sentence imposed is less than the maximum permitted by statute for the offense for which the defendant was convicted.” *United States v. Obi*239 F.3d 662, 667 (4th Cir.), *cert. denied,*— U.S. -, 122 S.Ct. 86, 151 L.Ed.2d 49 (2001).

Accordingly, we affirm the conviction and sentence. 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.*
### IN THE

TENTH COURT OF APPEALS

No. 10

- 08

- 00384

- CV

AMERICAN HOUSING FOU NDATION

AND COLLEGE STATION TEXAS

SOUTHGATE VILLAGE, L TD.

, Appellant s

v.

BRAZOS COUNTY APPRAI SAL DISTRICT

, Appellee

From the 361st District Court

Brazos County, Texas

Tria l Court No. 06

- 002010

- CV

- 361

MEMORANDUM OPINION

Appellants American Housing Foundation and College Station Texas Southgate

Village, Ltd. appealed the trial court’s judgment rendered against them. Appellants

now file a motion to dismiss their appeal sta ting that they no longer wished to pursue

the appeal. The certificate of conference states that appellee is unopposed to the

motion.

Accordingly, this appeal is dismissed. See T EX

. R. A PP

. P . 42.1(a)(1).

TOM GRAY

Chief JusticeAmerican Housing Foundation v. Brazos County Appraisal District Page 2

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Appeal dismissed

Opinion delivered and filed February 11, 2009

[CV06]
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6429 Introduced in House (IH)]

<DOC>

117th CONGRESS
  2d Session
                                H. R. 6429

 To establish certain protections for members of the Armed Forces who 
refuse to receive vaccinations against COVID-19, and to increase basic 
               pay for members of the uniformed services.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 2022

   Mrs. Miller of Illinois introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To establish certain protections for members of the Armed Forces who 
refuse to receive vaccinations against COVID-19, and to increase basic 
               pay for members of the uniformed services.

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

SECTION 1. PROTECTIONS FOR MEMBERS OF THE ARMED FORCES WHO REFUSE TO 
              RECEIVE VACCINATIONS AGAINST COVID-19.

    (a) Prohibitions.--
            (1) Federal funding.--No Federal funds may be used to 
        require a member of the Armed Forces to receive a vaccination 
        against COVID-19.
            (2) Adverse action.--The Secretary concerned may not take 
        any adverse action against a member of the Armed Forces solely 
        on the basis that such member refuses to receive a vaccination 
        against COVID-19.
    (b) Definitions.--In this section:
            (1) The term ``adverse action'' includes the following:
                    (A) Retaliation.
                    (B) Punishment.
                    (C) Disparate treatment.
                    (D) A requirement to wear a mask.
                    (E) A requirement to reside in substandard housing.
            (2) The term ``Secretary concerned'' has the meaning given 
        that term in section 101 of title 10, United States Code.

SEC. 2. INCREASE IN BASIC PAY FOR MEMBERS OF THE UNIFORMED SERVICES.

    Effective on January 1, 2023, the rates of monthly basic pay for 
members of the uniformed services are increased by 2.7 percent.
                                 <all>
```
Exhibit 32

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the
Annual Report of Fox Chase Bancorp, Inc. (the Company) on Form 10-K for the year ended December 31, 2009 as filed with the Securities and Exchange Commission (the Report), the undersigned hereby certify, pursuant to 18
U.S.C. §1350, as added by § 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 as of and for the
period covered by the Report.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Thomas M. PetroThomas M. PetroPresident and Chief Executive Officer/s/ Roger S. DeaconRoger S. DeaconChief Financial Officer


Date: March 12, 2010
EXHIBIT
23.3





CONSENT OF SCHLUMBERGER
TECHNOLOGY CORPORATION





As
independent petroleum engineers, Data & Consulting Services Division of
Schlumberger Technology Corporation hereby consents to the incorporation by
reference in the registration statement on Form S-8 (File No. 333-149190) and
the registration statement (No. 333-153579) on Form S-3/A of BreitBurn Energy
Partners L.P. of information from our Firm’s reserve report dated 29 January
2009 entitled Reserve and
Economic Evaluation of Proved Reserves of Certain BreitBurn Management Company,
LLC Illinois and Michigan Basin Oil and Gas Interests As of 31 December 2008and all references to our firm included in or made a part of the
BreitBurn Energy Partners L.P. Annual report on Form 10-K.





SCHLUMBERGER
TECHNOLOGY CORPORATION





By: /s/ Charles M. Boyer
      II, P.G.Charles
      M. Boyer II, P.G.Operations
      ManagerPittsburgh
      Consulting ServicesPittsburgh,
      PennsylvaniaFebruary 26,
2009
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
BALANCE SHEET OF  PENN-PACIFIC CORPORATION AS OF MARCH 31, 2000 AND THE
RELATED STATEMENTS OF OPERATIONS AND CASH FLOWS FOR THE SIX MONTHS THEN ENDED
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.

</LEGEND>
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              SEP-30-2000
<PERIOD-START>                                 OCT-01-2000
<PERIOD-END>                                   MAR-31-2000
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          43
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       95
<OTHER-SE>                                     (138)
<TOTAL-LIABILITY-AND-EQUITY>                   (43)
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               4
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             2
<INCOME-PRETAX>                                (7)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (7)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (7)
<EPS-BASIC>                                    (.01)
<EPS-DILUTED>                                  (.01)



</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6789

JACKIE DALE EASTER,

Plaintiff - Appellant,

versus

STATE FOREMAN DARYL, Buchanan County Road

Gang; ROBERT GELLESPIE, OIC, TCU #31; LIEUTENANT MCFARLAND, TCU #31; NURSE BARRETT, TCU

#31,

Defendants - Appellees.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Samuel G. Wilson, Chief District

Judge. (CA-98-112-R)

Submitted: October 8, 1998 Decided: October 26, 1998

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jackie Dale Easter, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Jackie Dale Easter appeals from the district court’s order

dismissing without prejudice his 42 U.S.C.A. § 1983 (West Supp.

1998) complaint. The district court’s dismissal without prejudice

is not appealable. See Domino Sugar Corp. v. Sugar Workers’ Local

Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). A dismissal

without prejudice is a final order only if “‘no amendment [in the

complaint] could cure the defects in the plaintiff’s case.’” Id. at

1067 (quoting Coniston Corp. v. Village of Hoffman Estates, 844

F.2d 461, 463 (7th Cir. 1988)). In ascertaining whether a dismissal

without prejudice is reviewable in this court, the court must determine “whether the plaintiff could save his action by merely

amending his complaint.” Domino Sugar, 10 F.3d at 1066-67. In this

case, Easter may move in the district court to reopen his case and

to file an amended complaint specifically alleging facts sufficient

to state a claim under 42 U.S.C.A. § 1983. Therefore, the dismissal

order is not appealable. Accordingly, we dismiss the appeal for

lack of jurisdiction. We dispense with oral argument because the

facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

DISMISSED
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 Annual Report of United Nations Securities Association,
      Inc.
      (the "Company") on Form 10-KSB for the twelve months ending December 31, 2007
      as
      filed with the Securities and Exchange Commission (the "Report"), I, Lord Dr.
      Masaaki Ikawa, President, Chief Executive Officer and Chief Financial Officer,
      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 of the Company as of the dates presented and the results
      of operations of the Company.




/s/
                Lord Dr. Masaaki IkawaLord
                Dr. Masaaki IkawaChief
                Executive OfficerChief
                Financial
                Officer





Dated:
      March 4, 2008
<PAGE>
                                                                      EXHIBIT 11

                      SPARTECH CORPORATION AND SUBSIDIARIES
                 STATEMENT RE COMPUTATION OF PER SHARE EARNINGS
                      (IN THOUSANDS, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>
                                          QUARTER ENDED       NINE MONTHS ENDED
                                       -------------------   -------------------
                                       JUL. 30,   JUL. 31,   JUL. 30,   JUL. 31,
                                         2005       2004       2005       2004
                                       --------   --------   --------   --------
<S>                                    <C>        <C>        <C>        <C>
NET EARNINGS
   Basic net earnings                   $ 4,289    $11,712    $ 7,027    $32,937
   Add: Interest on
      Convertible Securities,
      net of tax                             --        498         --      1,493
                                        -------    -------    -------    -------
   Diluted net earnings                 $ 4,289    $12,210    $ 7,027    $34,430
                                        =======    =======    =======    =======

WEIGHTED AVERAGE SHARES
   OUTSTANDING
   Basic weighted average common
      shares outstanding                 31,943     32,113     32,086     31,183
   Add: Shares issuable from
      assumed conversion of
      Convertible Subordinated
      Debentures                             --      1,637         --      1,637
   Add: Shares issuable from
      assumed exercise of options           142        414        274        413
                                        -------    -------    -------    -------
   Diluted weighted average
      shares outstanding                 32,085     34,164     32,360     33,233
                                        =======    =======    =======    =======

NET EARNINGS PER SHARE
   Basic                                $   .13    $   .36    $   .22    $  1.06
                                        =======    =======    =======    =======
   Diluted                              $   .13    $   .36    $   .22    $  1.04
                                        =======    =======    =======    =======
</TABLE>


                                       39
#### David W. Leach v. State.

No. 24759.

May 10, 1950.

*Dell & Perry Barber,*Colorado City, for appellant.

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

DAVIDSON, Judge.

This is a conviction for the offense of statutory rape — that is, carnal knowledge, with or without consent, of a female under the age of eighteen years and not the wife of the accused. The punishment assessed is five years in the penitentiary.

*561We go direct to a discussion of the question decisive of this appeal.

Prosecutrix, sixteen years of age, testified to facts showing a case of rape by force on the part of appellant. She made an outcry to her mother, who had her examined by a physician. The physician “took some washings from the vagina and sent them to the laboratory.” The physician was permitted, over objection of the appellant, to testify that the “laboratory report on their findings showed some male sperm — in the washings from the vagina.”

It will be noted that the doctor testified as to the contents of the laboratory report, which was not in evidence.

The conclusion is expressed that the testimony was hearsay and subject to the objection leveled thereto. Inasmuch as the state made use of this hearsay testimony upon a controverted issue of fact, we cannot agree that its receipt in evidence should be held harmless.

We are unable to see the materiality of the testimony showing that appellant, while not a married man at the time of the alleged offense, had been married at one time, and suggest that in the event of another trial such testimony be not admitted.

The facts are amply sufficient to warrant the jury’s conclusion of guilt.

Other questions presented, especially those relating to the motion for continuance and argument of state’s counsel, will hardly arise upon another trial and are therefore not discussed.

For the receipt in evidence of the hearsay testimony mentioned, the judgment is reversed and the cause remanded.

Opinion approved by the Court.
**CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
In connection with the Annual Report of Sentry Petroleum Ltd. (the "Company") on Form 10-K for the period ended February 28, 2008 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Alan Hart, Chief 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:

(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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated this 29th day of May, 2008.

BY:
/s/ ALAN HART                        Alan  Hart, Principal Executive Officer **
EXHIBIT 21.1

SUBSIDIARIES

OF

SGS INTERNATIONAL, INC.

The following table lists, as of March 12, 2010, certain of the direct and indirect subsidiaries of SGS International, Inc., and their respective jurisdictions of organization:



|                                                   |  |                             
|-------------------------------------------------- |  | ----------------------------
|                                                   |  | Where Incorporated/Organized
|                                                   | 
|Southern Graphic Systems, Inc.                     |  | Kentucky                    
|                                                   | 
|Southern Graphic Systems Mexico, S.de R.L. de C.V. |  | Mexico                      
|                                                   | 
|SGS Packaging Europe Holdings Limited              |  | United Kingdom              
|                                                   | 
|SGS Packaging Europe Limited                       |  | United Kingdom              
|                                                   | 
|Project Dove Holdco, Inc.                          |  | Delaware                    
|                                                   | 
|Project Dove Manitoba, LP                          |  | Manitoba                    
|                                                   | 
|Southern Graphic Systems  Canada, Co.             |  | Nova Scotia                 
|                                                   | 
|MCG Graphics Limited                               |  | United Kingdom              
|                                                   | 
|The Box Room Limited                               |  | United Kingdom              
|                                                   | 
|SGS Packaging Netherlands, B.V.                    |  | Netherlands                 
|                                                   | 
|McGurk Studios Limited                             |  | United Kingdom              
|                                                   | 
|Thames McGurk Limited                              |  | United Kingdom              
|                                                   | 
|SGS Asia Pacific Limited                           |  | Hong Kong                   

The names of certain other
subsidiaries of SGS International, Inc. have been omitted because considered in the aggregate they would not constitute a significant subsidiary.
**Exhibit 32.2**

 

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

 

Inconnection with this Quarterly Report on Form 10-Q of The Pep Boys -Manny, Moe & Jack (the “Company”) for the quarterly period ending May 2,2009, as filed with the Securities and Exchange Commission on the date hereof(the “Report”),

 

I,Raymond L. Arthur, Executive Vice President and Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

 

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

 

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

 

Asigned original of this written statement required by Section 906 has beenprovided to the Company and will be retained by the Company and furnished tothe Securities and Exchange Commission or its staff upon request.

 

 
| Date:   June 10, 2009 | by:                                                             | /s/  Raymond L. Arthur |
|---------------------------------|-----------------------------------------------------------------|------------------------|
|                            | Raymond  L. Arthur                                              |
|                            | Executive  Vice President and Chief Financial Officer           |
|                            | (Principal  Financial Officer and Principal Accounting Officer) |

 

1

----
#### TRANSCLEAN CORPORATION, James P. Viken, Jon A. Lang, and Donald E. Johnson, Plaintiffs-Appellees, v. MOTORVAC TECHNOLOGIES, INC., Defendant-Appellant, and Snap-On, Inc., Penske Auto Centers L.L.C., and Automotive Shop Services, Inc., Defendants.

No. 03-1283.

United States Court of Appeals, Federal Circuit.

July 30, 2003.

ORDER

The parties having so agreed, it is

*843ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b).
THE THIRTEENTH COURT OF APPEALS

13-13-00474-CV

FRANK J. SCHUSTER, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF 

FRANK SCHUSTER, FRANK SCHUSTER FARMS, INC., FRANK SCHUSTER FARMS 

AND FRANK SCHUSTER FARMS, LTD.

v.

KATHLEEN WILD

On Appeal from the

Probate Court of Hidalgo County, Texas

Trial Cause No. P-12,779-C

CORRECTED JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the judgment of the trial court should be REVERSED and the cause 

REMANDED to the trial court. The Court orders the judgment of the trial court 

REVERSED and REMANDED for further proceedings consistent with its opinion. Costs 

of the appeal are adjudged against appellee.

We further order this decision certified below for observance.

January 15, 2015