alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Presidential Documents

23287 

Federal Register 

Vol. 74, No. 95 

Tuesday, May 19, 2009 

Title 3— 

The President 

Notice of May 14, 2009 

Continuation of the National Emergency With Respect To 

Burma 

On May 20, 1997, the President issued Executive Order 13047, certifying 

to the Congress under section 570(b) of the Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 1997 (Public Law 104– 

208), that the Government of Burma has committed large-scale repression 

of the democratic opposition in Burma after September 30, 1996, thereby 

invoking the prohibition on new investment in Burma by United States 

persons contained in that section. The President also declared a national 

emergency to deal with the threat posed to the national security and foreign 

policy of the United States by the actions and policies of the Government 

of Burma, invoking the authority, inter alia, of the International Emergency 

Economic Powers Act, 50 U.S.C. 1701 et seq. 

On July 28, 2003, the President issued Executive Order 13310, taking additional steps with respect to that national emergency by putting in place 

an import ban required by the Burmese Freedom and Democracy Act of 

2003 and prohibiting exports of financial services to Burma and the dealing 

in property in which certain designated persons have an interest. On October 

18, 2007, the President issued Executive Order 13448, expanding the national 

emergency declared in Executive Order 13047 and taking additional steps 

to prohibit transactions or dealings with certain persons, including the Burmese regime’s financial supporters and their companies, as well as individuals determined to be responsible for or to have participated in human 

rights abuses or to have engaged in activities facilitating public corruption 

in Burma. 

On April 30, 2008, the President issued Executive Order 13464, taking 

additional steps with respect to the national emergency declared in Executive 

Order 13047, in order to address the Government of Burma’s continued 

repression of the democratic opposition in Burma. 


erowe on PROD1PC63 with MISCELLANEOUS
23288 Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Presidential Documents 

Because the actions and policies of the Government of Burma continue 

to pose an unusual and extraordinary threat to the national security and 

foreign policy of the United States, the national emergency declared on 

May 20, 1997, and the measures adopted on that date, July 28, 2003, October 

18, 2007, and April 30, 2008, to deal with that emergency, must continue 

in effect beyond May 20, 2009. Therefore, in accordance with section 202(d) 

of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 

1 year the national emergency with respect to Burma. This notice shall 

be published in the Federal Register and transmitted to the Congress. 

THE WHITE HOUSE, 

May 14, 2009. [FR Doc. E9–11753 

Filed 5–18–09; 8:45 am] 

Billing code 3195–W9–P 


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#### UNITED STATES of America, Plaintiff-Appellee, v. Robert MINTER, Sr., Defendant-Appellant.

No. 06-4289.

United States Court of Appeals, Fourth Circuit.

Submitted: Sept. 27, 2006.

Decided: Oct. 23, 2006.

*476Deirdre H. Purdy, Bailey & Glasser, LLP, Charleston, West Virginia, for Appellant. Charles T. Miller, United States Attorney, Stephanie L. Haines, Assistant United States Attorney, William P. Mar-gelis, Third Year Law Student, Huntington, West Virginia, for Appellee.

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Robert Minter, Sr. appeals his sentence at the low end of his advisory guideline range to forty-one months in prison and three years of supervised release after pleading guilty to distributing a quantity of cocaine base in violation of 21 U.S.C. § 841(a)(1) (2000). On appeal, Minter contends the district court violated the Due Process Clause of the Fifth Amendment by finding his relevant conduct and determining his advisory range based on a preponderance of the evidence. We affirm.

We will affirm the sentence imposed by the district court as long as it is within the statutorily prescribed range and is reasonable. *United States v. Hughes,*401 F.3d 540 (4th Cir.2005). A sentence within a properly calculated advisory guideline range is presumptively reasonable. *United States v. Green,*436 F.3d 449, 457 (4th Cir.), *cert. denied,*- U.S. -, 126 S.Ct. 2309, 164 L.Ed.2d 828 (2006). This presumption can only be rebutted by showing the sentence is unreasonable when measured against the factors under 18 U.S.C. § 3553(a) (2000). *United States v. Montes-Pineda,*445 F.3d 375, 379 (4th Cir.2006), *pet. for cert. filed,*- U.S.L.W. -, 2006 WL 2066682 (July 21, 2006) (No. 06-5439). In considering the district court’s calculation of the advisory range, we review its factual findings for clear error and its legal conclusions de novo. *United States v. Hampton,*441 F.3d 284, 287 (4th Cir.2006).

As we have recognized, judges continue to base sentencing decisions after *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), on a preponderance of the evidence. *See United States v. Morris,*429 F.3d 65, 72 (4th Cir.2005). Moreover, a district court’s findings by a preponderance of the evidence after *Booker*do not violate the Due Process Clause. *See United States v. Okai,*454 F.3d 848, 851-52 (8th Cir.2006); *United States v. Vaughn,*430 F.3d 518, 525 (2d Cir.2005), *cert. denied, Lindo v. United States,*- U.S. -, 126 S.Ct. 1665, 164 L.Ed.2d 405 (2006). Because Minter’s sentence was within a properly calculated advisory guideline range, and he has not rebutted the presumption of reasonableness, we conclude the sentence is reasonable.

Accordingly, we affirm Minter’s 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 United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1304V

Filed: September 11, 2019

UNPUBLISHED

ESMERELDA BARRERA,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Guillain-Barre Syndrome (GBS)

John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.

Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On August 28, 2018, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

(the 

“Vaccine Act”). Petitioner alleges that that she developed Guillain-Barre Syndrome 

(“GBS”) as a result of a September 20, 2016 influenza (“flu”) vaccination. Petition at 1. 

The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 10, 2019, respondent filed his Rule 4(c) report in which he

concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 

 

1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This 

means the ruling will be available to anyone with access to the internet. In accordance with Vaccine 

Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the 

disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned 

agrees that the identified material fits within this definition, the undersigned will redact such material from 

public access. Because this unpublished ruling contains a reasoned explanation for the action in this 

case, undersigned is required to post it on the United States Court of Federal Claims' website in 

accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management 

and Promotion of Electronic Government Services). 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
2

4(c) Report at 1. Specifically, respondent has concluded that petitioner suffered the 

Table injury of GBS following a flu vaccine within the Table time period. Id. at 5. 

Respondent further agrees that petitioner suffered the residual effects of her GBS for 

more than six months and has met the statutory requirements for entitlement to 

compensation under the Vaccine Act. Id.

In view of respondent’s position and the evidence of record, the 

undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master
Document Headings

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###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Docket ID FEMA-2008-0018; Internal Agency Docket No. FEMA-1820-DR]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

                        This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-1820-DR),                               ( print page 24869)                            dated February 15, 2009, and related determinations.                    

# DATES:

*Effective Date:*                         May 18, 2009.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Kenneth R. Tingman of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of Douglas G. Mayne as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance  (CFDA) Numbers are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,

Administrator, Federal Emergency Management Agency.

[FR Doc. E9-12162 Filed 5-22-09; 8:45 am]

BILLING CODE 9111-23-P
##### 



EXHIBIT 99

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

In connection with the Quarterly Report of IEA Income Fund VIII (the
Registrant) on Form 10-Q for the quarterly period ended March 31, 2003, as
filed with the Securities and Exchange Commission (the Report), the
undersigned, Dennis J. Tietz, the President and Chief Executive Officer of
Cronos Capital Corp., the General Partner of the Registrant, and John Kallas,
the Chief Financial Officer of Cronos Capital Corp., certify, based on their
knowledge, that:



| | (i)  |  | The Report 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 operation of the Registrant.

|
|
|

|   |  |                                                                                                                                     
|-- |  | ------------------------------------------------------------------------------------------------------------------------------------
|By |  | /s/ Dennis J. TietzDennis J. Tietz, President and Chief Executive
Officer of Cronos Capital Corp.,
General Partner of the Registrant
|  
|   |  | /s/ John KallasJohn Kallas, Chief Financial Officer of Cronos
Capital Corp., General Partner of the Registrant                      

A signed original 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.



---

|* |  | This certification, required by Section 906 of the Sarbanes-Oxley Act of
2002, other than as required by Section 906, shall not be deemed to be
filed with the Commission or subject to the rules and regulations
promulgated by the Commission under the Securities Exchange Act of 1934,
as amended, or to the liabilities of Section 18 of said Act.
|- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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**Exhibit 31.2**

**CERTIFICATION**

I, Michele Nakazawa, certify that: 

1. I have reviewed this quarterly report on Form 10-Q of Telos Corporation; 

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 makethe statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

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

4. The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) forthe registrant and have: 

a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in whichthis report is being prepared; 

b) Designed such internal control over financial reporting, or caused such internal controlover financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally acceptedaccounting principles; 

c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

d) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the registrant’s auditors and to the audit committee of registrant’s board of directors: 

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and 

b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’s internal control over financial reporting. 

 

 

40
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in
Registration Statements (Nos. 333-97063, 333-06419, 333-41321, 333-67841, 333-85105, 333-107738, 333-127133, and 333-143820) on Form S-8 and Registration Statements (Nos. 333-38105, 333-46395, 333-104277, and 333-142523) on Form S-3 of Epicor
Software Corporation of our reports dated March 13, 2009, relating to our audits of the consolidated financial statements and internal control over financial reporting, which appear in this Annual Report on Form 10-K of Epicor Software Corporation
for the year ended December 31, 2008.



|                           
|---------------------------
|/s/ McGladrey & Pullen, LLP
|                           
|Irvine, California         
|March 13, 2009
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 Dynacq Healthcare, Inc. (the Company) on Form 10-K for the period ending August 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, Philip S. Chan, Vice President  Finance and Chief Financial Officer of the Company, certify, 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 result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



Dated: July 30, 2004



/s/    PHILIP S. CHANPhilip S. ChanVice President - Finance and Chief Financial Officer Dynacq Healthcare, Inc.