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

**No. 12**  **- 7392** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. CURTIS JAMES LAY , Defendant

- Appellant
.

Appeal from the United States District Court for the District of Maryland , at Greenbelt
. Peter J. Messitte , Senior District Judge. ( 8:97

- cr - 00313

- PJM

- 1 )

Submitted : December 13 , 2012 Decided: December 18, 2012

Before MOTZ, WYNN , and FLOYD , Circuit Judges.

Affirmed by un published per curiam opinion
. Curtis James Lay, Appellant Pro Se. Barbara Slaymaker Sale, Assistant United States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Curtis James Lay appeals the district court ’ s o rder s denying his 18 U.S.C. § 3582(c)(2) (2006) motion for a sentence reduction and his motion for reconsideration
. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United Sta tes v. Lay , No. 8:97

- cr - 00313

- PJM

- 1 (D. Md. July 30, 2012 ; Dec. 4, 2012 ) . We dispense with oral argument because the facts and legal contentions are adequately prese nted in the materials before this court and argument would not aid the decisional
process.
AFFIRMED
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4458 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4458

   To require the repayment of appropriated funds that are illegally 
disbursed for political purposes by the Centers for Medicare & Medicaid 
                               Services.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2004

  Mr. Pallone (for himself, Ms. Pelosi, Mr. Rangel, Mr. Dingell, Mr. 
  Waxman, Mr. Stark, Mr. Brown of Ohio, Mr. Menendez, Mr. Matsui, Ms. 
Schakowsky, Mr. McDermott, Mr. Neal of Massachusetts, Mr. Sandlin, Mrs. 
   Jones of Ohio, Mr. Pascrell, Mr. Berry, Mr. Doggett, Mr. Davis of 
Florida, Mr. Cardin, Mr. Allen, Mr. Stupak, Ms. Solis, Mr. Strickland, 
Mr. Rush, Ms. McCarthy of Missouri, Mr. Wynn, Mrs. Capps, and Mr. Green 
  of Texas) introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committees on 
Ways and Means and Energy and Commerce, 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 require the repayment of appropriated funds that are illegally 
disbursed for political purposes by the Centers for Medicare & Medicaid 
                               Services.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Trust Fund Reimbursement 
Act of 2004''.

SEC. 2. REPAYMENT TO THE MEDICARE TRUST FUNDS OF AMOUNTS ILLEGALLY 
              DISBURSED FOR POLITICAL PURPOSES.

    (a) In General.--Notwithstanding any other provision of law, if the 
Comptroller General of the United States determines that the Centers 
for Medicare & Medicaid Services has violated the restriction on using 
appropriated funds for publicity or propaganda purposes contained in 
section 626 of division J of the Consolidated Appropriations 
Resolution, 2003 (Public Law 108-7; 117 Stat. 470) or any other 
provision of law, the principal campaign committee (as defined in 
section 301(5) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431(5))) of the President of the United States shall reimburse the 
Federal Government for the amount used in committing such violation.
    (b) Reimbursement of Medicare Trust Funds.--To the extent that the 
amount described in subsection (a) was initially appropriated to the 
Federal Hospital Insurance Trust Fund under section 1817 of the Social 
Security Act or the Federal Supplementary Medical Insurance Trust Fund 
under section 1841 of such Act, the amount reimbursed under such 
subsection shall be credited to the Trust Fund to which the amount was 
initially appropriated.
                                 <all>
```
#### RUSHING *v.*THE STATE.

No. 6698.

November 14, 1928.

Gilbert, J.

1. The verdict was supported by evidence.

2. The sole special ground of the motion for new trial is based upon newly discovered evidence which tended to show that at the time of the liomi.cide the accused was of unsound mind. The facts alleged were contradicted in counter-affidavits filed by the State. On conflicting evidence this court can not hold that the trial judge erred in refusing a new trial on the ground of newly discovered evidence. Moreover, the grant of a new trial on the ground of newly discovered evidence .is not favored by the courts. *Judgment affirmed.*

*All the Justices concur.*

*282
      *W. G. QuaLllebaum*and *Love & Fort,*for plaintiff in error.

*George M. Napier, attorney-general, W. B. Flournoy, solicitor-general,*and *T. B. Gress, assistant attorney-general,*contra.
10333.

#### Harris *v.*Cohutta Banking Company.

Decided October 10, 1919.

Complaint; from Murray superior court—Judge Wright presiding. January 6,1919.

*A. W. Fite, Maddox, McCamy & Shumate,*for plaintiff in error.

*Little, Powell, Smith & Goldstein, W. F. Mann, H. H. Anderson, B. N. Steed, G. N. King, W. G. Martin,*contra.

Bloodworth, J.

The case of *Leonard*v. *Cohutta Banking Co.,*21 *Ga. App. 777*(95 S. E. 113), was based *on*a note given for stock in the Cosmopolitan Life Insurance Company. The same is true in this ease. The issues raised by the pleas in the Leonard case are largely the same as those in this case, though each has some pleas not common to the other. As far as the issues in the two cases are the same they are settled by the opinion in the *Leonard*case, and there is nothing additional in the pleas in this case that would authorize us to render a different opinion; and we hold that the court did not err either in its rulings on the pleadings or in directing a verdict for the plaintiff. See also *Hemphill*v. *Cohutta Banking Co.,*23 *Ga. App.*809.

*Judgment affirmed..*

*Broyles, O. J., and Luke, J., concur.*
EXHIBIT 99.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Richard D. Propper, MD, Chief Executive Officer of Mera Pharmaceuticals, Inc.
(the "Registrant"), do hereby certify in accordance with 18 U.S.C. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

              (1) the Quarterly Report on Form 10-QSB of the Registrant, to
which this certification is attached as an exhibit (the "Report"), fully
complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m); and

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

Dated:  June 19, 2003

                                                   /s/RICHARD D. PROPPER, MD
                                                   --------------------------
                                                   Richard D. Propper, MD
                                                   Chief Executive Officer
<PAGE>   1
                                                                    EXHIBIT 23.3

                     [CAWLEY, GILLESPIE & ASSOCIATES, INC. LETTERHEAD]


   
                                August 10, 1998
    

Brigham Exploration Company
6300 Bridge Point Parkway
Building Two, Suite 500
Austin, Texas  78730

Gentlemen:

     In connection with the offering of shares of common stock, par value $.01
per share ("Common Stock"), of Brigham Exploration Company (the "Company"), we
delivered a letter dated May 26, 1998 to you with respect to an estimate of the
reserves, future production and income attributable to certain interests of the
Company, as of December 31, 1997.

     We understand that you intend that our letter be included in a Registration
Statement on Form S-1 and any amendments thereto, as well as a Prospectus to be
provided to potential purchasers of Common Stock, and we hereby consent to such
use. We also consent to the references in the Registration Statement on Form
S-1 or Prospectus to our firm and to the information provided therein.


                                        Yours very truly,
 
                                        Cawley, Gillespie & Associates, Inc.


                                        /s/ AARON CAWLEY
                                        Aaron Cawley, P.E.
                                        Executive Vice President
IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent

v. RAYMOND GRAVELY, Petitioner : : : : : : : : : : : No. 122 WAL 2015 Petition for Allowance of Appeal from the Order of the Superior Court

ORDER PER CURIAM AND NOW , this 30th day of July, 2015, the Petition for Allowance of Appeal is DENIED
.
<PAGE>   1



                                                                    EXHIBIT 23.2


                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference of our reports dated (i) February
10, 1997 with respect to the consolidated financial statements of Commodore
Media, Inc. and Subsidiaries, (ii) February 3, 1997 with respect to the
consolidated financial statements of Southern Star Communications Inc., formerly
known as Osborn Communications Corporation, and (iii) March 5, 1998, except for
Notes 2 and 14 as to which the date is April 27, 1998, with respect to the
consolidated financial statements of SFX Broadcasting, Inc. and Subsidiaries, in
the Registration Statement on Form S-8 pertaining to the 1998 Stock Option Plan
of Capstar Broadcasting Corporation.


                                                ERNST & YOUNG LLP

                                                /s/ Ernst & Young LLP


New York, New York
July 6, 1998
<PAGE>   1



                                                                      EXHIBIT 23



                          INDEPENDENT AUDITORS' CONSENT


The Plan Administrator
Heartland Wireless Communications, Inc.
  401(k) Plan:

We consent to incorporation by reference in the Registration Statement (No.
333-05943) on Form S-8 of our report dated May 20, 1998, relating to the
statements of net assets available for benefits of the Heartland Wireless
Communications, Inc. 401(k) Plan as of December 31, 1997 and 1996, and the
related statements of changes in net assets available for benefits for the years
then ended, and all related schedules, which report appears in the December 31,
1997 annual report on Form 11-K of the Heartland Wireless Communications, Inc.
401(k) Plan filed by Heartland Wireless Communications, Inc.





                                                     /s/ KPMG Peat Marwick LLP

Dallas, Texas
June 29, 1998
Exhibit 32.1




CERTIFICATION
OF THE CHIEF EXECUTIVE OFFICER
 PURSUANT
TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
 
 
 Pursuant
to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, the undersigned, A. F. Petrocelli, Chairman, President and Chief
Executive Officer of United Capital Corp. (the “Company”), does hereby certify,
with respect to the Annual Report of the Company on Form 10-K for the period
ended December 31, 2009 (the “Report”) 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:  March
23, 2010
  /s/ A. F. PetrocelliA.
      F. PetrocelliChairman,
      President and Chief Executive
Officer
I 

108TH CONGRESS 

2D SESSION H. R. 4471

To clarify the loan guarantee authority under title VI of the Native American 

Housing Assistance and Self-Determination Act of 1996. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2004

Mr. RENZI (for himself and Mr. MATHESON) introduced the following bill; 

which was referred to the Committee on Financial Services 

A BILL

To clarify the loan guarantee authority under title VI of 

the Native American Housing Assistance and Self-Determination Act of 1996.

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 ‘‘Homeownership Op5 portunities for Native Americans Act of 2004’’. 

6 SEC. 2. FEDERAL GUARANTEES FOR FINANCING FOR TRIB7 AL HOUSING ACTIVITIES. 

8 Section 601 of the Native American Housing Assist9 ance and Self-Determination Act of 1996 (25 U.S.C. 
2

•HR 4471 IH 

1 4191) is amended by adding at the end the following new 

2 subsection: 

3 ‘‘(d) LIMITATION ON PERCENTAGE.—A guarantee 

4 made under this title shall guarantee repayment of 95 per5 cent of the unpaid principal and interest due on the notes 

6 or other obligations guaranteed.’’.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM WORLDCOM,
INC. AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                         272,808
<SECURITIES>                                   150,178
<RECEIVABLES>                                  754,486
<ALLOWANCES>                                    75,378
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,230,926
<PP&E>                                       2,117,617
<DEPRECIATION>                                 341,123
<TOTAL-ASSETS>                               7,307,077
<CURRENT-LIABILITIES>                        1,009,376
<BONDS>                                      3,652,987
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,446
<OTHER-SE>                                   2,366,939
<TOTAL-LIABILITY-AND-EQUITY>                 7,307,077
<SALES>                                      2,121,103
<TOTAL-REVENUES>                             2,121,103
<CGS>                                        1,152,224
<TOTAL-COSTS>                                2,121,190
<OTHER-EXPENSES>                              (11,546)
<LOSS-PROVISION>                                27,553
<INTEREST-EXPENSE>                             124,543
<INCOME-PRETAX>                              (113,084)
<INCOME-TAX>                                    60,172
<INCOME-CONTINUING>                          (173,256)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                               (24,434)
<CHANGES>                                            0
<NET-INCOME>                                 (198,550)
<EPS-PRIMARY>                                    (.46)
<EPS-DILUTED>                                    (.46)
        

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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF INCOME AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                       6,385,000
<SECURITIES>                               367,054,000
<RECEIVABLES>                               94,677,000
<ALLOWANCES>                                 1,362,000
<INVENTORY>                                  6,954,000
<CURRENT-ASSETS>                                     0
<PP&E>                                     131,616,000
<DEPRECIATION>                              45,767,000
<TOTAL-ASSETS>                             604,703,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                     62,470,000
<COMMON>                                       911,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                 155,684,000
<TOTAL-LIABILITY-AND-EQUITY>               604,703,000
<SALES>                                     37,732,000
<TOTAL-REVENUES>                           350,960,000
<CGS>                                       35,215,000
<TOTAL-COSTS>                              330,080,000
<OTHER-EXPENSES>                             3,462,000
<LOSS-PROVISION>                               468,000
<INTEREST-EXPENSE>                           4,434,000
<INCOME-PRETAX>                             12,516,000
<INCOME-TAX>                                 2,964,000
<INCOME-CONTINUING>                          9,552,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 9,552,000
<EPS-PRIMARY>                                     3.11
<EPS-DILUTED>                                     3.10
        

</TABLE>
<PAGE>   1
                       SECURITIES AND EXCHANGE COMMISSION

                            Washington, D.C., 20549

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

                                    FORM 8-K

                                 CURRENT REPORT

                     Pursuant to Section 13 or 15(d) of the
                       Securities Exchange Act of 1934

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

                            Date of Report (Date of
                  Earliest event reported):  October 21, 1998

                                  OPTEL, INC.
                                  -----------
             (Exact name of registrant as specified in its charter)

           Delaware                                                   90-4495524
----------------------------------                                    ----------
(State or other jurisdiction                     (I.R.S. Employer Identification
of incorporation or organization)                        number)

                                   333-24891
                                   ---------
                            (Commission File Number)

          1111 West Mockingbird Lane, Suite 1000, Dallas, Texas 75247
          -----------------------------------------------------------
          (Address of principal executive offices)            (Zip Code)


Registrant's telephone number, including area code: (214) 634-3000
<PAGE>   2

ITEM 5:   OTHER MATERIALLY IMPORTANT EVENTS

     On October 21, 1998, the Registrant issued the press release attached
hereto as Exhibit "A" announcing Registrant's financial results for its fiscal
year ended August 31, 1998.

ITEM 7.   EXHIBITS

     Press Release, dated October 21, 1998.

<PAGE>   3
                                   SIGNATURE

     Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.

Date: October 21, 1998

                                        OpTel, Inc.
                                        -----------
                                        (Registrant)


                                        By:/s/ MICHAEL E. KATZENSTEIN
                                           ------------------------------------
                                           Name: Michael E. Katzenstein
                                           Title: Vice President, Legal Affairs,
                                                  General Counsel and 
                                                  Secretary
<PAGE>   4
                                EXHIBIT INDEX
                                -------------

Exhibit
  No.           Description                                     Page No.
-------         -----------                                     --------
  99            Press Release dated October 21, 1998
| (i)   | the Annual Report on Form 10-K for the fiscal year ended January 31, 2011 of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and |
|-----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| (ii)   | 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, 2011 |    | /s/    Raymond J. De Hont   |
|                 |    | Raymond J. De Hont                              |
|                 |    | Chairman, Chief Executive Officer and President |