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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-8091

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RICHARD GRAVELY,

Defendant - Appellant.

Appeal from the United States District Court for the Southern

District of West Virginia, at Huntington. Robert J. Staker, Senior

District Judge. (CR-94-82)

Submitted: April 18, 2002 Decided: April 25, 2002

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Richard Gravely, Appellant Pro Se. Michael Lee Keller, OFFICE OF

THE UNITED STATES ATTORNEY, Charleston, West Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Richard Gravely appeals the district court’s order adopting

the report and recommendation of the magistrate judge and denying

his coram nobis petition. We have reviewed the record and the

district court’s opinion and find no reversible error. Accordingly,

we affirm on the reasoning of the district court. See United

States v. Gravely, No. CR-94-82 (S.D.W. Va. Dec. 5, 2001). 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
#### Vetter G. MOORE, Appellant v. SMITH, Warden U.S. Prison, et al., Appellees.

No. 06-5078.

United States Court of Appeals, District of Columbia Circuit.

July 6, 2006.

Rehearing En Banc Denied Oct. 2, 2006.

Vetter G. Moore, Lewisburg, PA, pro se.

R. Craig Lawrence, Assistant U.S. Attorney, Washington, DC, for Appellees.

Before: GINSBURG, Chief Judge, and RANDOLPH and TATEL, Circuit Judges.

*JUDGMENT*

PER CURIAM.

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief, the supplements thereto, and appendix filed by the appellant. It is

ORDERED AND ADJUDGED that the district court’s order filed January 11, 2006, be affirmed. The district court properly dismissed appellant’s habeas petition without prejudice for lack of subject matter jurisdiction. A collateral attack on appellant’s sentence must be pursued through a motion, filed in the sentencing court, to vacate his sentence pursuant to 28 U.S.C. § 2255. *See Chatman-Bey v. Thornburgh,*864 F.2d 804, 806-10 (D.C.Cir.1988) (en banc).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. *See*Fed. R.App. P. 41(b); D.C.Cir. Rule 41.
#### In the Matter of Peter J. Galasso (Admitted as Peter John Galasso), an Attorney, Appellant. Grievance Committee for the Ninth Judicial District, Respondent.

Submitted August 20, 2012;

decided August 28, 2012

Motion by Thomas E Liotti for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and 19 copies filed within seven days.
CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


     The  undersigned  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
undersigned's  best knowledge and belief,  the Quarterly Report on Form 10-Q for
the Geodyne Energy Income  Limited  Partnership  II-E  ("Issuer") for the period
ending  September 30, 2005 as filed with the Securities and Exchange  Commission
on the date hereof (the "Report"):

      (a)   fully complies with the requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and
      (b)   the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Issuer.

     Dated this 14th day of November, 2005.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-E
                                    ("Issuer")

                                    //s// Dennis R. Neill
                                    -----------------------------------
                                    Dennis R. Neill
                                    President (Chief Executive Officer)

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Accounting Officer
                                    (Chief Financial Officer)


      A signed  original of this written  statement  required by Section 906 has
been  furnished to Geodyne  Energy Income  Limited  Partnership II-E and will be
retained by Geodyne Energy Income Limited  Partnership II-E and furnished to the
Securities and Exchange Commission or its staff upon request.
Exhibit 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS
                       ----------------------------------

We  hereby  consent  to the  incorporation  by  reference  in  the  Registration
Statements on Form S-8 (No.  33-69306;  No.  33-62887;  No.  333-05987;  and No.
333-59941)  of Michael  Baker  Corporation  of our report  dated April 20, 1999,
which appears within Exhibit 13.1 to Michael Baker  Corporation's  Annual Report
on Form 10-K for the year ended December 31, 1998.



/s/ PricewaterhouseCoopers, LLP
-------------------------------
PricewaterhouseCoopers, LLP
Pittsburgh, Pennsylvania
April 29, 1999
Gaming Revenues by Range

Number of Revenues Percentage of Mean Median

Gaming Revenue Range Submissions (in thousands) SubmissionsRevenues (in thousands) (in thousands)

Submissions with fiscal years ending in 2016

$250 million and over 33 14,429,248 6.8% 46.3% $437,250 $363,632

$100 million to $250 million 51 8,286,641 10.5% 26.6% $162,483 $166,810

$50 million to $100 million 57 4,011,478 11.8% 12.9% $70,377 $67,928

$25 million to $50 million 67 2,290,169 13.8% 7.3% $34,182 $32,673

$10 million to $25 million 96 1,561,863 19.8% 5.0% $16,269 $15,825

$3 million to $10 million 85 521,096 17.6% 1.7% $6,131 $6,420

Under $3 million 95 95,055 19.6% 0.3% $1,001 $723

Total 484 31,195,549

Submissions with fiscal years ending in 2015

$250 million and over 31 13,438,296 6.5% 45.0% $433,493 $364,412

$100 million to $250 million 48 7,912,634 10.1% 26.5% $164,847 $171,114

$50 million to $100 million 54 3,880,101 11.4% 13.0% $71,854 $69,112

$25 million to $50 million 69 2,466,214 14.6% 8.3% $35,742 $33,948

$10 million to $25 million 98 1,590,194 20.7% 5.3% $16,226 $15,676

$3 million to $10 million 79 495,275 16.7% 1.7% $6,269 $6,434

Under $3 million 95 99,031 20.0% 0.3% $1,042 $771

Total 474 $29,881,744

Submissions with fiscal years ending in 2014

$250 million and over 26 $11,476,930 5.7% 40.3% $441,420 $352,632

$100 million to $250 million 53 $8,879,425 11.5% 31.2% $167,536 $166,669

$50 million to $100 million 50 $3,497,403 10.9% 12.3% $69,948 $66,707

$25 million to $50 million 70 $2,495,929 15.3% 8.8% $35,656 $32,415

$10 million to $25 million 96 $1,533,912 20.9% 5.4% $15,978 $15,605

$3 million to $10 million 76 $479,275 16.6% 1.7% $6,306 $6,425

Under $3 million 88 $96,437 19.2% 0.3% $1,096 $888

Total 459 $28,459,310

Submissions with fiscal years ending in 2013

$250 million and over 26 $11,339,225 5.8% 40.5% $436,124 $374,214

$100 million to $250 million 52 $8,581,295 11.6% 30.6% $165,025 $163,382

$50 million to $100 million 51 $3,633,364 11.4% 13.0% $71,242 $69,459

$25 million to $50 million 68 $2,416,657 15.1% 8.6% $35,539 $33,501

$10 million to $25 million 95 $1,511,162 21.2% 5.4% $15,907 $15,605

$3 million to $10 million 79 $462,919 17.6% 1.7% $5,860 $5,368

Under $3 million 78 $86,974 17.4% 0.3% $1,115 $847

Total 449 $28,031,595

Submissions with fiscal years ending in 2012

$250 million and over 24 $10,815,771 5.6% 38.8% $450,657 $387,724

$100 million to $250 million 56 $9,384,248 13.2% 33.6% $167,576 $165,306

$50 million to $100 million 51 $3,547,829 12.0% 12.7% $69,565 $65,829

$25 million to $50 million 57 $2,011,824 13.4% 7.2% $35,295 $33,043

$10 million to $25 million 98 $1,639,971 23.1% 5.9% $16,734 $16,180

$3 million to $10 million 70 $414,112 16.5% 1.5% $5,916 $5,598

Under $3 million 69 $86,249 16.2% 0.3% $1,250 $1,019

Total 425 $27,900,004

Source: Compiled from gaming operation audit reports received and entered by the NIGC through 6/26/2017.

NIGC Tribal Gaming Revenues
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000851724
<NAME> GEODYNE ENERGY INCOME LTD. PARTNERSHIP II-G
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         757,391
<SECURITIES>                                         0
<RECEIVABLES>                                  785,208
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,542,599
<PP&E>                                      25,731,999
<DEPRECIATION>                              20,341,718
<TOTAL-ASSETS>                               7,088,598
<CURRENT-LIABILITIES>                          125,088
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   6,906,598
<TOTAL-LIABILITY-AND-EQUITY>                 7,088,598
<SALES>                                      3,575,321
<TOTAL-REVENUES>                             3,942,824
<CGS>                                                0
<TOTAL-COSTS>                                4,892,862
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (950,038)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (950,038)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (950,038)
<EPS-PRIMARY>                                   (2.83)
<EPS-DILUTED>                                        0
        

</TABLE>
#### The People of the State of New York, Respondent, v Andre Collier, Appellant.

Submitted October 22, 2012;

decided November 19, 2012

Motion for assignment of counsel granted and Claude Castro, Esq., 355 Lexington Ave., Suite 1400, New York, NY 10017 assigned as counsel to the appellant on the appeal herein.
#### The People of the State of New York, Respondent, v Karvia Hamilton, Appellant.

[826 NYS2d 294]

*938Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered September 21, 2004, convicting him of criminal possession of a weapon in the second degree, attempted assault in the first degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the record supports the hearing court’s determination that the photographic identifications were not unduly suggestive *(see People v Patterson,*306 AD2d 14, 14-15 [2003]). Moreover, it was not improper for the prosecutor to elicit testimony on redirect examination that the witness had previously identified the defendant from a photographic array. While a witness is generally not permitted to testify to an extrajudicial identification of a photograph of the defendant *(see People v Griffin,*29 NY2d 91 [1971]), such testimony is appropriate when the defendant opens the door to this type of inquiry during cross-examination of the witness *(see People v Jackson,*240 AD2d 680 [1997]; *People v Marrero,*117 AD2d 626 [1986]). Here, the prosecutor was merely seeking to correct the misimpression, created by the defense counsel during his cross-examination, concerning the witness’s ability to identify the defendant *(see People v Jackson, supra; People v Giallombardo,*128 AD2d 547, 548 [1987]).

Viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.

The defendant’s remaining contention is without merit. Miller, J.E, Goldstein, Mastro and Dillon, JJ., concur.
Opinion filed April 4 , 2013



## In The



# Eleventh Court of Appeals

___________



### No. 11

- 1 2

- 00 340

- CV

__________

A TRUE LUCKY BRAND OIL & GAS COMPANY, LLC D/B/A

LUCKY BRAND OIL & GAS COMPANY , Appellant

V.

HAGENBUCH RANCH, LLC ET AL. , Appellee s

On Appeal from the 132nd District Court

Scurry County, Texas

Trial Court Cause No. 24320

M E M O R A N D U M O P I N I O N

One of the a ppellee s, Enduring Resources, LLC, ha s filed in this court a motion to

dismiss for want of prosecution or, in the alternative, to require Appellant to file a statement of

intent to pursue this appeal

. In this case, Appellant brought suit against Appellees, alleg ing over

$370,000,000 in actual damages. The trial court dismissed Appellant’s claims with prejudice on

October 19, 2012, and Appellant filed a notice of appeal on November 16, 2012

. A ppellant’s

brief in this appeal was originally due for filing on Janua ry 16, 2013. On its own motion, t his

court granted an extension and extended the deadline for filing Appellant’s brief to March 18,

2013. Appellant has yet to file a brief or a motion for extension and has not responded to

Enduring’s motion to dismiss even though this court requested that a respon se be filed on or2 before February 4, 2013. We agree that the appeal should be dismissed based upon A ppellant’s

failure to prosecute the appeal. T EX

. R. A PP

. P. 38.8, 42.3.

The motion to dismiss filed by Appellee Enduring Resources, LLC is granted, and th e

appeal is dism issed for want of prosecution.

PER CURIAM

April 4 , 2013

Panel consists of: Wright, C.J.,

McCall, J., and Willson , J.
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Dr. Leana Wen - Addressing Mental Health and Health Equity (Mental Health Services Research Conference Day 1 Keynote Address)

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Office for Disparities Research and Workforce Diversity Webinar Series: Innovations in Social Determinants of Health: Applying the Structural Competency Framework to Mental Health Care and Mental Health Care Research

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Mobile Technology for Global Mental Health Research

NIMH Director’s Innovation Speaker Series - Dr. Alyce S. Adams, PhD
EXHIBIT 21
                                                                      ----------

SUBSIDIARIES OF REGISTRANT
--------------------------

         The  Company  has  the  following  subsidiaries  including  significant
subsidiaries as defined in Regulation S-X, each incorporated in the jurisdiction
stated  opposite its name. All of the following  subsidiaries  are 100% owned by
the Company.  The Company has additional  subsidiaries,  which, if considered in
the  aggregate  as a single  subsidiary,  would not  constitute  a  "significant
subsidiary" as such term is defined in Regulation S-X.

Name of Subsidiary                                 Jurisdiction of Incorporation
------------------                                 -----------------------------

Bandag A.G. ........................................................Switzerland
Bandag Canada Ltd. ......................................................Canada
Bandag Europe N.V. .....................................................Belgium
Bandag Licensing Corporation.  ............................................Iowa
Bandag Incorporated of S.A. (Proprietary) Limited .................South Africa
Bandag New Zealand Limited .........................................New Zealand
Bandag do Brasil Ltda ...................................................Brazil
Bandag B.V. ........................................................Netherlands
Bandag de Mexico, S.A. de C.V. ..........................................Mexico
BTC, Inc. .............................................................Delaware
Tire Distribution Systems, Inc. .......................................Delaware
Tire Management Solutions, Inc. ...........................................Iowa
EXHIBIT 32.2

                                  CERTIFICATION
      PURSUANT TO SECTION 13A-14(B) OF THE SECURITIES EXCHANGE ACT OF 1934
                           AND 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Peak Entertainment Holdings, Inc.
(the "Company") on Form 10-QSB for the quarterly period ended September 30,
2004, as filed with the Securities and Exchange Commission on the date therein
specified (the "Report"), the undersigned, Nicola Yeomans, as Principal
Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C.
Section 1350, 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.


/s/ Nicola Yeomans
---------------------------
Nicola Yeomans
Principal Financial Officer
Date:  December 16, 2004
CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


      The  undersigned  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
undersigned's  best knowledge and belief,  the Quarterly Report on Form 10-Q for
the Geodyne Energy Income  Limited  Partnership  II-A  ("Issuer") for the period
ending June 30, 2003 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"):

      (a)   fully complies with the requirements of section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and
      (b)   the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Issuer.

      Dated this 13th day of August, 2003.

                                    GEODYNE ENERGY INCOME LIMITED
                                    PARTNERSHIP II-A
                                   ("Issuer")


                                    //s// Dennis R. Neill
                                    -----------------------------------
                                    Dennis R. Neill
                                    President (Chief Executive Officer)

                                    //s// Craig D. Loseke
                                    -----------------------------------
                                    Craig D. Loseke
                                    Chief Accounting Officer
                                    (Chief Financial Officer)


      A signed  original of this written  statement  required by Section 906 has
been  furnished to Geodyne Energy Income  Limited  Partnership  II-A and will be
retained by Geodyne Energy Income Limited  Partnership II-A and furnished to the
Securities and Exchange Commission or its staff upon request.
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 Energy Federal Energy Regulatory Commission [Docket Nos. ER06-615-000; ER07-1257-000; ER08-1113-000; ER08-1178-000; ER09-241-000]
 The Federal Energy Regulatory Commission (Commission) hereby gives notice that on the following dates members of its staff will participate in teleconferences and meetings to be conducted by the California Independent System Operator (CAISO). The agenda and other documents for the teleconferences and meetings are available on the CAISO's Web site, 
                    *http://www.caiso.com.* June 17, 2009
Settlements and Market Clearing User Group.Congestion Revenue Rights.Meeting of Market Surveillance Committee.June 18, 2009
Market Issues.June 19, 2009
Market Initiatives Roadmap.June 23, 2009
Systems Interface User Group.BPM Change Management.June 24, 2009
Congestion Revenue Rights.Settlements and Market Clearing User Group.Release Planning Workshop.June 25, 2009
Market Issues.June 26, 2009
Participating Intermittent Resource Program.June 30, 2009
Systems Interface User Group.Comparable Treatment of Generation and non Generation for Ancillary Services.
 Sponsored by the CAISO, the teleconferences and meetings are open to all market participants, and Commission staff's attendance is part of the Commission's ongoing outreach efforts. The teleconferences and meetings may discuss matters at issue in the above captioned dockets. For further information, contact Saeed Farrokhpay at 
                    *saeed.farrokhpay@ferc.gov;*
                     (916) 294-0322 or Maury Kruth at 
                    *maury.kruth@ferc.gov,*
                     (916) 294-0275. Kimberly D. Bose, Secretary.


[FR Doc. E9-14654 Filed 6-22-09; 8:45 am] BILLING CODE 6717-01-P