alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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. 01-60813

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTHONY WILLIAMS,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Mississippi

USDC No. 4:01-CR-33-ALL-D

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

August 20, 2002

Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.

PER CURIAM:*

Anthony Williams appeals the district court’s denial of his

motion to dismiss the indictment. He argues that the delay from

the dismissal of the state charges and the original federal trial

date violated his right to a speedy trial guaranteed by the Sixth

Amendment to the U.S. Constitution.

Assessing a constitutional speedy-trial claim requires

balancing the four factors enunciated by the Supreme Court in
No. 01-60813 

-2-

Barker v. Wingo, 407 U.S. 514, 530 (1972). This court reviews

for clear error a district court’s findings in applying this

balancing test and its overall evaluation of these factors. See

United States v. Lucien, 61 F.3d 366, 371 (5th Cir. 1995). 

The first Barker factor--the length of the delay--serves as

a “triggering mechanism.” Barker, 407 U.S. at 530. This court

generally requires a delay of one year to trigger the full

speedy-trial analysis under Barker. See Lucien, 61 F.3d at 371. 

The right to a speedy trial “attaches at the time of arrest

or indictment, whichever comes first, and continues until the

date of trial.” United States v. Garcia, 995 F.2d 556, 560 (5th

Cir. 1993). The constitutional speedy trial right does not

attach until a federal indictment or arrest, even if a prior

state arrest is based on the same events. See United States v.

Walker, 710 F.2d 1062, 1069 (5th Cir. 1983). Williams’ Sixth

Amendment right did not attach until the date of the federal

indictment, which was less than six months before the original

trial date. Williams has not demonstrated a constitutional

speedy trial violation. The district court’s denial of his

motion to dismiss the indictment is AFFIRMED.
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 Quarterly Report of Arête Industries, Inc. (the "Company") on Form 10-Q for the period ending September 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Donald W. Prosser, 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 the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.




Dated: November 21, 2011
By:
/s/ Donald W. ProsserDonald W. Prosser, Chief Executive Officer


A signed original of this written statement required by Section 906 has been provided to Arête Industries, Inc. and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request
**EXHIBIT 31.2	**

 

CHIEF FINANCIAL OFFICER CERTIFICATION

 

I, Richard Pietrykowski, certify that:

 

1. I have reviewed this annual report on Form 10-K ofSURFACE COATINGS, INC.

 

2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by this amended report;

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presented in this report;

 

 Date: December 14, 2011

 

/s/ Richard Pietrykowski

Richard Pietrykowski

Chief Financial Officer
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                           JUN-30-1996
<PERIOD-START>                              JUL-01-1995
<PERIOD-END>                                SEP-30-1995
<CASH>                                           66,370
<SECURITIES>                                          0
<RECEIVABLES>                                    91,661
<ALLOWANCES>                                      1,442
<INVENTORY>                                      58,801
<CURRENT-ASSETS>                                222,369
<PP&E>                                          137,701
<DEPRECIATION>                                   54,934
<TOTAL-ASSETS>                                  408,687
<CURRENT-LIABILITIES>                            82,617
<BONDS>                                          86,634
<COMMON>                                         12,083
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<OTHER-SE>                                      198,443
<TOTAL-LIABILITY-AND-EQUITY>                    408,687
<SALES>                                          84,240
<TOTAL-REVENUES>                                 97,644
<CGS>                                            64,021
<TOTAL-COSTS>                                    73,620
<OTHER-EXPENSES>                                  3,141
<LOSS-PROVISION>                                  1,790
<INTEREST-EXPENSE>                                1,797
<INCOME-PRETAX>                                   1,907
<INCOME-TAX>                                      1,341
<INCOME-CONTINUING>                                 268
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                        268
<EPS-PRIMARY>                                       .01   
<EPS-DILUTED>                                       .01
        

</TABLE>
[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Page 24036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11819]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--National Shipbuilding Research Program 
(``NSRP'')

    Notice is hereby given that, on April 16, 2009, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), National Shipbuilding Research 
Program (``NSRP'') has filed written notifications simultaneously with 
the Attorney General and the Federal Trade Commission disclosing 
changes in its membership. The notifications were filed for the purpose 
of extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. The 
following members have changed their names: Newport News Shipbuilding 
and Dry Dock Co. to Northrop Grumman Shipbuilding, Inc., Newport News, 
VA; Northrop Grumman Ship Systems, Inc. (Ingalls Operation) to Northrop 
Grumman Shipbuilding, Inc.--Gulf Coast Operations (Pascagoula Shipyard) 
Pascagoula, MS; and Northrop Grumman Ship Systems, Inc. (Avondale 
Operations) to Northrop Grumman Shipbuilding, Inc.--Gulf Coast 
Operations (Avondale Shipyard), Avondale, LA.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and NSRP intends to file additional 
written notification disclosing all changes in membership.
    On March 13, 1998, NSRP filed its original notification pursuant to 
Section 6(a) of the Act. The Department of Justice published a notice 
in the Federal Register pursuant to Section 6(b) of the Act on January 
29, 1999 (64 FR 4708).
    The last notification was filed with the Department on December 20, 
2007. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on February 8, 2008 (73 FR 7591).

Patricia A. Brink,
Deputy Director of Operations, Antitrust Division.
[FR Doc. E9-11819 Filed 5-21-09; 8:45 am]
BILLING CODE 4410-11-M
#### Aida Cuevas, Appellant, v 1738 Associates, L.L.C., et al., Respondents.

[974 NYS2d 380]

Order, Supreme Court, Bronx County (Barry Salman, J.), entered August 14, 2012, which granted defendants’ motion for a commission to take a deposition of a nonparty witness after the note of issue was filed, unanimously dismissed, without costs, as moot.

Given that the deposition to which plaintiff objects has already taken place, and her failure to make any attempt to stay the deposition in order to maintain the status quo prior to this appeal, the appeal is dismissed as moot *(see Hughes v Farrey,*39 AD3d 431 [1st Dept 2007]; *see also Matter of Dreikausen v Zoning Bd. of Appeals of City of Long Beach,*98 NY2d 165, 174 [2002]).

Moreover, plaintiff is incorrect that the motion for a commission was untimely. Pursuant to 22 NYCRR 202.21 (d), the application did not have to be brought within 20 days of filing of the note of issue *(compare*22 NYCRR 202.21 [e]). Instead, defendants had to show “unanticipated circumstances” with regard to the deposition that necessitated going forward post-note of issue. In the first instance, we note that plaintiff stipulated to the deposition taking place after the note of issue was filed, albeit much earlier than it did take place. Furthermore, it *417is undisputed that the witness moved to Connecticut after the filing of the note of issue, and thus a commission was necessary to obtain her testimony. As such, the standard for post-note of issue discovery was satisfied *(cf. Schroeder v IESI NY Corp.,*24 AD3d 180 [1st Dept 2005]). Concur — Sweeny, J.P., Moskowitz, Renwick, DeGrasse and Gische, JJ.
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.                  

###### Department of Labor

###### Employment and Training Administration 

          - [TA-W-65,469] 

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 4, 2009 in response to a petition filed on behalf of workers at The Hershey Company, Hershey, Pennsylvania. The workers at the subject facility produce candy.

The petitioners have requested that the petition be withdrawn. Consequently, the investigation has been terminated. 

Signed in Washington, DC, this 28th day of April 2009. 

Richard Church, 

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-11855 Filed 5-20-09; 8:45 am] 

BILLING CODE 4510-FN-P
[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Notices]
[Page 23407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11610]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


President's Advisory Council for Faith-based and Neighborhood 
Partnerships

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the President's Advisory Council for 
Faith-based and Neighborhood Partnerships announces the following 
meetings:
    Name: President's Advisory Council for Faith-based and Neighborhood 
Partnerships Council meetings
    Times and Dates: Thursday, June 4th at 2 p.m. Eastern; and Tuesday, 
June 16th at 4 p.m. Eastern.
    Place: Meetings will be held via conference call.
    Status: Open to the public, limited only by the space available.
    Purpose: The Council brings together leaders and experts in fields 
related to the work of faith-based and neighborhood organizations in 
order to: Identify best practices and successful modes of delivering 
social services; evaluate the need for improvements in the 
implementation and coordination of public policies relating to faith-
based and other neighborhood organizations; and make recommendations 
for changes in policies, programs, and practices.
    Contact Person for Additional Information: Mara Vanderslice, 202-
205-2419, <a href="/cdn-cgi/l/email-protection#5a373b283b742c3b343e3f28293633393f1a323229743d352c"><span class="__cf_email__" data-cfemail="305d5142511e46515e545542435c595355705858431e575f46">[email protected]</span></a>.
    Supplementary Information: The meetings will be held via conference 
call. There is limited capacity to join the call and will be listen-
only mode. Please contact Mara Vanderslice for more information about 
how to join the call.
    Agenda: Topics to be discussed include updates from Council 
subcommittees on Reform of the Faith-based and Neighborhood 
Partnerships Office, Economic Recovery, Fatherhood and Healthy 
Families, Inter-religious Dialogue and Cooperation, Environment and 
Climate Change and Global Poverty and Development.

    Dated: May 13, 2009.
Mara Vanderslice,
Special Assistant.
[FR Doc. E9-11610 Filed 5-18-09; 8:45 am]
BILLING CODE 4154-07-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Page 23860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11906]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisition of Shares of Bank or 
Bank Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. 
The factors that are considered in acting on the notices are set forth 
in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the office of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than June 5, 2009.
    A. Federal Reserve Bank of Kansas City (Todd Offenbacker, Assistant 
Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:
    1. Relational Investors LLC; Relational Investors Mid Cap Fund I, 
L.P.; Relational Investors Mid Cap II, L.P.; Relational Group LLC; 
Relational Holdings LLC; Relational Investors Group LLC; Ralph V. 
Whitworth; and David H. Batchelder, all of San Diego, California; to 
acquire voting shares of Guaranty Bancorp, and thereby indirectly 
acquire voting shares of Guaranty Bank and Trust Company, both in 
Denver, Colorado.

    Board of Governors of the Federal Reserve System, May 18, 2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E9-11906 Filed 5-20-09; 8:45 am]
BILLING CODE 6210-01-S
[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Page 23200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11556]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5312-N-01]


Notice of Availability: Program Requirements for the Green 
Retrofit Program for Multifamily Housing Under the American Recovery 
and Reinvestment Act of 2009

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Notice.

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

SUMMARY: HUD announces the availability of program requirements, 
including eligibility requirements and application instructions, for 
the Green Retrofit Program authorized under Title XII of the American 
Recovery and Reinvestment Act of 2009 (Pub. L. 111-5, approved February 
17, 2009). The Green Retrofit Program makes funding available to 
multifamily owners for adopting measures that will meet requirements 
for green project operation. The notice establishing the program 
requirements is available on the HUD Web site at: http://www.hud.gov/recovery/.

FOR FURTHER INFORMATION CONTACT: Theodore K. Toon, Deputy Assistant 
Secretary, Office of Affordable Housing Preservation, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street, 
SW., Room 6230, Washington, DC 20410; telephone 202-708-0001 (this is 
not a toll-free number). Persons with hearing or speech impairments may 
access this number through TTY by calling the toll-free Federal 
Information Relay Service at 800-877-8339.

    Dated: May 13, 2009.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. E9-11556 Filed 5-13-09; 4:15 pm]
BILLING CODE 4210-67-P
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.
 Small Business Administration [Disaster Declaration #11748 and #11749]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of TEXAS dated 05/15/2009. *Incident:*
                         Severe Storm and Flooding. *Incident Period:*
                         04/27/2009 through 04/28/2009. *Effective Date:*
                         05/15/2009. *Physical Loan Application Deadline Date:*
                         07/14/2009. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         02/15/2010.
 ADDRESSES: Submit completed loan applications to:  U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Harris. *Contiguous Counties:*( print page 23901) Texas: Brazoria, Chambers, Fort Bend, Galveston, Liberty, Montgomery, Waller. *The Interest Rates are:* PercentHomeowners With Credit Available Elsewhere
4.875Homeowners Without Credit Available Elsewhere
2.437Businesses With Credit Available Elsewhere
6.000Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere
4.000Other (Including Non-Profit Organizations) With Credit Available Elsewhere
4.500Businesses and Non-Profit Organizations Without Credit Available Elsewhere
4.000
 The number assigned to this disaster for physical damage is 11748 6 and for economic injury is 11749 0. The State which received an EIDL Declaration # is Texas. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: May 15, 2009. Karen G. Mills, Administrator.


[FR Doc. E9-11883 Filed 5-20-09; 8:45 am] BILLING CODE 8025-01-P
The District Court of the 8th Judicial District. County of Cascade.

#### STATE OF MONTANA, Plaintiff, vs. DEBBIE BEDFORD, Defendant.

CAUSE NO. ADC-08-409 DECISION

On September 24, 2009, the defendant was sentenced to a commitment to the Department of Corrections for a term of fifteen (15) years, with ten (10) years suspended for the offense of Count I: Vehicular Homicide While Under the Influence, a felony.

On April 2, 2010, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was present via videoconference and was represented by Kris Copenhaver. The state was not represented.

Before hearing the application, the defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also increase it. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that she understood this and stated that she did not wish to proceed.

Therefore, it is the unanimous decision of the Sentence Review Division that the application for review of sentence shall be waived.

Done in open Court this 2nd day of April, 2010.

DATED this 19th day of April, 2010.

Chairperson, Hon. Blair Jones, Member, Hon. Richard Simonton and Member, Hon. Ray Dayton.