alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITE D STATE S COURT OF AP P EALS F OR THE E LEVENTH CIRCUIT

No. 10-14920 (D.C. Docke t No. 6:07-cv-00897- J A-KRS) WYDEL L EVANS, Petitioner-Appellant,

versus SECR ETARY, DEPARTMENT OF CORREC TI ONS, Respondent-Appe llee.

--- --- --- --- --- --- --- --- --- On Appea l from the United States District Court for the Middle District of Flor ida

--- --- --- --- --- --- --- --- -- (Opinion May

23, 2012, 681 F.3d 1241, 11 Cir. 2012) t h (Jul y 13, 2012)

Be fore DUB I

NA, Chief Judge , TJ OFL AT, CARNES, BARKETT , HUL L , MARCUS, W I L SON, PRYOR, MARTI N and JORDAN, Circuit J udg es.

B Y T H E C O U R T :

A m ember of t his Court in active service having reque sted a poll on the s ug g estions of rehear in g en banc and a majority of the judge s in this Court in active service having voted in favor of g ranting a rehe aring en banc,

I T I S ORDERED that the above cause shall be rehe ard b y t h i s co u rt en banc. The previous panel' s opinion is hereby

VACATED. Case: 10-14920 Date Filed: 07/13/2012 Page: 1 of 1
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 this Amended Quarterly Report on Form 10-QSB (the "Report")
of China Cable and Communication, Inc. (the "Company") for the quarter ended
September 30, 2004, Yau-Sing Tang, the Chief Financial Officer of the Company,
hereby 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 the
undersigned 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 operations
          of the Company.


Date:  November 23, 2004                    /s/  Yau-Sing Tang
                                            -----------------------------------
                                                 Yau-Sing Tang
                                                 Chief Financial Officer
News United States Air Force
 Facebook official discusses Lean-In Circles with cadetsPublished Nov. 10, 2015
                        
                        By Ray Bowden
                        
                        
                        U.S. Air Force Academy Public Affairs
                **U.S. AIR FORCE ACADEMY, Colo. (AFNS) --**
                A leading Facebook official encouraged U.S. Air Force Academy cadets to break through their personal gender and cultural bias' and understand the importance of equality Nov. 6.Sheryl Sandberg, the social media giant's chief operating officer, spoke from the stage in Arnold Hall to promote Lean-In Circles, a peer networking program she created that has been coopted by the Defense Department.Studies show men's abilities are overestimated, women's abilities are underestimated, men get promoted based on potential, and women are promoted based on their accomplishments, she said. Overall, Sandberg told the cadets, women and minorities are "systematically underestimated" in any organization."If you look at progress in society, the military has often led, like you did with desegregation," she said. "Equality doesn't just benefit society or the military as a whole -- it benefits you."The Defense Department is trying to capitalize on Sandberg's ideas and the Academy is advocating for Lean-In Circles where cadets can get involved."Lean-In Circles encourage everyone in the Air Force to take time out and get to know each other on a personal level," said Col. Carrie Bausano, the vice commandant of the Academy's culture and climate office.By participating in Lean-In Circles, cadets can make strides in breaking through racial, gender, cultural and religious barriers, she said."Males and females can be part of the circles," Bausano said. "The circles can adapt to any mix, to any individual who wants to make a change. From what I've seen, it's very positive when people sit and share their experiences. Only good can come out of it."Secretary of Defense Ash Carter advocated for the program in September."The DOD is a learning organization and Lean-In Circles give our people a way to do what they do best: learn through mentorship, peer-to-peer and bottom up, by brainstorming with colleagues and by being able to let their guard down," he said.U.S. Air Force Academy 



Lean-in Circles
---

Exhibit 23





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We hereby consent to the incorporation by reference in the Registration Statements of Echo Therapeutics, Inc. on Form S-8 (File Nos. 333-164510, 333-152138, 333-92414, 333-101517, 333-106201, 333-122893, 333-134674, 333-143145 and 333-146607), of our report dated March 18, 2011, relating to the consolidated financial statements for the years ended December 31, 2010 and 2009, which is part of this Form 10-K.








/s/ Wolf & Company, P.C.


Boston, Massachusetts


March 18, 2011
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.                  

###### Commodity Futures Trading Commission

# TIME AND DATE: 

11 a.m., Friday October 15, 2010. 

# PLACE: 

1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room. 

# STATUS: 

Closed. 

# MATTERS TO BE CONSIDERED: 

Surveillance and Enforcement Matters. 

# CONTACT PERSON FOR MORE INFORMATION:

Sauntia S. Warfield, 202-418-5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission.

[FR Doc. 2010-23648 Filed 9-17-10; 4:15 pm] 

BILLING CODE 6351-01-P
<PAGE>

                                  EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                               18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-0XLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of MRO Software, Inc., (the
"Company") for the quarter ended December 31, 2003, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), each of the
undersigned President & Chief Executive Officer, and Executive Vice President of
Finance & Administration, CFO & Treasurer of the Company, certifies, to the best
knowledge and belief of the signatory, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

/s/  Norman E. Drapeau, Jr.                /s/   Peter J. Rice
------------------------------------       -------------------
Norman E. Drapeau, Jr.                     Peter J. Rice
President & Chief Executive Officer        Executive Vice President, Finance &
Date:    February 17, 2004                 Administration,CFO & Treasurer
                                           Date: February 17, 2004
News United States Air Force
 Support personnel, F-16s  enhance partnership with PolandPublished June 9, 2016
                        
                        By Senior Airman Erin Babis
                        
                        
                        U.S. Air Forces in Europe Public Affairs
                **LASK AIR BASE, Poland (AFNS)  --**
                About 350 personnel are supporting 20 F-16 Fighting Falcons from the 31st Fighter Wing at Aviano Air Base, Italy, and the 138th Fighter Wing at Tulsa Air National Guard Base, Oklahoma, as part of bilateral flying training with the Polish Air Force.The Aviation Detachment 16-3 training is aimed to improve familiarization of operational and logistical processes, to maintain joint readiness, and build interoperability capabilities.Lt. Col. Jason Repak, the commander of Detachment 1, 52nd Operations Group, said, “Aviation Detachment 16-3 is a great opportunity for our (deployed) aircrews to hone their operational skills from a forward operating location.”He explained the importance of the unit’s forward presence and highlighted how hosting rotational training strengthens the U.S. and Polish alliance."The AvDet purpose is to maintain a small footprint in a key region at minimal cost with strategic impacts," he said. "Our enduring presence allows the U.S. to build upon a strong relationship with our Polish allies. The AvDet strengthens this relationship by fostering an environment for unique bilateral training opportunities while bolstering regional security as the sole long-term (U.S. Air Force) unit presence in Eastern Europe."The aviation detachment is a 10-person unit from the 52nd Fighter Wing at Spangdahlem AB, Germany, stationed in Poland to support quarterly rotations of flying missions. This recurring training is conducted in coordination with the government of Poland to bolster interoperability between nations.The current enduring presence at Lask AB and the detachment’s presence in Poland make it possible to host multiple allied air force elements and serve as a regional hub for air training and multinational exercises."Every rotation brings its own unique set of opportunities to explore new ways to train together and to increase our respective capabilities," Repak explained. "This particular rotation involves a fairly complex allocation of forces to four strategically important exercises."While in Poland as part of quarterly training for AvDet 16-3, the participating units will also support the concurrent exercises Baltic Operations 2016, Saber Strike 2016, Swift Response 2016 and Anakonda 2016."Living and working with the Polish every day reinforces bilateral ties while strengthening relationships and interoperability between U.S., Poland and NATO," Repak said. "Periodic rotational forces are a means to bolster this relationship by creating opportunities to train together and share best practices between U.S. and Polish operators, maintenance and support personnel."USAFE 



f-16 



training 



Baltops 



Poland
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF FIRST INDUSTRIAL, L.P. FOR THE YEAR ENDED DECEMBER 31,
1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                              22
<SECURITIES>                                         0
<RECEIVABLES>                                   10,643
<ALLOWANCES>                                   (1,657)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 9,008
<PP&E>                                       2,131,434
<DEPRECIATION>                               (179,293)
<TOTAL-ASSETS>                               2,443,987
<CURRENT-LIABILITIES>                          103,561
<BONDS>                                      1,105,747
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,215,350
<TOTAL-LIABILITY-AND-EQUITY>                 2,443,987
<SALES>                                              0
<TOTAL-REVENUES>                               314,365
<CGS>                                                0
<TOTAL-COSTS>                                 (85,318)
<OTHER-EXPENSES>                              (72,183)
<LOSS-PROVISION>                                   (8)
<INTEREST-EXPENSE>                            (76,799)
<INCOME-PRETAX>                                137,977
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            137,977
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   137,977
<EPS-BASIC>                                       2.41
<EPS-DILUTED>                                     2.40


</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF FVC.COM, INC. FOR THE SIX MONTHS 
ENDED JUNE 30, 1998.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          32,034
<SECURITIES>                                         0
<RECEIVABLES>                                    5,953
<ALLOWANCES>                                       249
<INVENTORY>                                      3,336
<CURRENT-ASSETS>                                41,621
<PP&E>                                           3,001
<DEPRECIATION>                                   1,408
<TOTAL-ASSETS>                                  44,923
<CURRENT-LIABILITIES>                            5,049
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            16
<OTHER-SE>                                      39,753
<TOTAL-LIABILITY-AND-EQUITY>                    44,923
<SALES>                                         20,033
<TOTAL-REVENUES>                                20,033
<CGS>                                           10,805
<TOTAL-COSTS>                                   20,023
<OTHER-EXPENSES>                                 9,218
<LOSS-PROVISION>                                   184
<INTEREST-EXPENSE>                                 619
<INCOME-PRETAX>                                  (371)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (371)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (371)
<EPS-PRIMARY>                                   (0.05)
<EPS-DILUTED>                                   (0.05)
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                                            9

<MULTIPLIER>                                   1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                             JUN-30-1997
<PERIOD-END>                                  DEC-31-1996
<CASH>                                            6,076
<INT-BEARING-DEPOSITS>                            5,038
<FED-FUNDS-SOLD>                                      0
<TRADING-ASSETS>                                  1,007
<INVESTMENTS-HELD-FOR-SALE>                      15,726
<INVESTMENTS-CARRYING>                            3,157
<INVESTMENTS-MARKET>                                  0
<LOANS>                                          81,270
<ALLOWANCE>                                         870
<TOTAL-ASSETS>                                  116,114
<DEPOSITS>                                       81,401
<SHORT-TERM>                                     14,181
<LIABILITIES-OTHER>                               1,002
<LONG-TERM>                                      12,706
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<COMMON>                                          1,155
<OTHER-SE>                                        5,420
<TOTAL-LIABILITIES-AND-EQUITY>                  116,114
<INTEREST-LOAN>                                   3,455
<INTEREST-INVEST>                                   821
<INTEREST-OTHER>                                      0
<INTEREST-TOTAL>                                  4,276
<INTEREST-DEPOSIT>                                1,960
<INTEREST-EXPENSE>                                2,940
<INTEREST-INCOME-NET>                             1,336
<LOAN-LOSSES>                                        92
<SECURITIES-GAINS>                                  309
<EXPENSE-OTHER>                                   1,716
<INCOME-PRETAX>                                     227
<INCOME-PRE-EXTRAORDINARY>                          227
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                        148
<EPS-PRIMARY>                                       .16
<EPS-DILUTED>                                       .16
<YIELD-ACTUAL>                                     8.01 
<LOANS-NON>                                       1,670
<LOANS-PAST>                                          0
<LOANS-TROUBLED>                                    531
<LOANS-PROBLEM>                                     778
<ALLOWANCE-OPEN>                                    788
<CHARGE-OFFS>                                        11
<RECOVERIES>                                          0
<ALLOWANCE-CLOSE>                                   869
<ALLOWANCE-DOMESTIC>                                160
<ALLOWANCE-FOREIGN>                                   0
<ALLOWANCE-UNALLOCATED>                             709
                                                 



</TABLE>
* 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. 01-40335

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DAVID WAYNE McCLOY,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Eastern District of Texas

(4:00-CR-57-ALL)

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

July 17, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Defendant-Appellant David Wayne McCloy appeals the sentence

imposed by the district court following his guilty-plea conviction

for possession of stolen United States mail. He argues that the

district court erred in increasing his offense level by three

levels pursuant to United States Sentence Guideline § 3A1.2(b). He

contends that he was merely attempting to flee and that his actions

did not rise to the level of an assault that created a substantial

risk of serious bodily injury. We disagree. McCloy’s actions did
amount to an aggravated assault on Officer A.L. Privett, given

McCloy’s attempt to flee immediately after committing the instant

offense and his attempt to take Officer Privett’s firearm during

this altercation. Therefore, the district court did not err in

increasing his offense level pursuant to § 3A1.2(b). See United

States v. Ortiz-Granados, 12 F.3d 39, 41-43 (5th Cir. 1994).

McCloy argues that the district court abused its discretion in

departing upward from the applicable Sentencing Guideline range in

determining his sentence. The district court concluded that an

upward departure was warranted because McCloy had more than twice

the number of criminal history points necessary for a Category VI,

had violated the conditions of his community release following

several convictions, had committed crimes on a frequent basis, and

had committed the instant offense less than one year after his

release from the Arkansas Department of Corrections. As the

district court gave acceptable reasons for the upward departure and

the extent of the upward departure was reasonable, the district

court did not abuse its discretion in departing upward in

determining McCloy’s sentence. See United States v. Route, 104

F.3d 59, 64 (5th Cir. 1997).

AFFIRMED.
<PAGE>

                                                                  Exhibit 99.1

                             CERTIFICATION PURSUANT
                              TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


         In connection with the quarterly report of Engineered Support Systems,
Inc. (the "Company") on Form 10-Q for the period ended January 31, 2003 (the
"Report"), I, Michael F. Shanahan, Sr., Chairman of the Board and Chief
Executive Officer of the Company, certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 that:

             (1)  The Report complies with Sections 13(a) and 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: March 17, 2003
      --------------

By:   /s/ Michael F. Shanahan, Sr.
      ----------------------------
      Michael F. Shanahan, Sr.
      Chairman of the Board and
      Chief Executive Officer





                                     23