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UNPUBLISHED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

No. 05-5064

UNITED STATES OF AMERICA, Plaintiff - Appellee,

versus
MATTHEW SCOTT ANDERSON, Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., District Judge. (CR-04-33)
Submitted: October 31, 2006 Decided: November 2, 2006
Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
William C. Gallagher, CASSIDY, MYERS, COGAN & VOEGELIN, L.C., Wheeling, West Virginia, for Appellant. Thomas E. Johnston, United States Attorney, John C. Parr, Assistant United States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Matthew Scott Anderson pled guilty to conspiracy to manufacture and distribute methamphetamine, 21 U.S.C. § 846 (2000), and was sentenced to a term of seventy-seven months imprisonment. Anderson appeals his sentence, arguing that the district court clearly erred in denying him an adjustment for acceptance of responsibility, U.S. Sentencing Guidelines Manual § 3E1.1 (2004), based on a single positive drug test while he was free on bond pending his sentencing. We affirm. Anderson entered his guilty plea in March 2005 and was permitted to remain free onbond. In August 2005, he tested positive for marijuana use. He subsequently admitted violating the conditions of his release, his release was revoked, and he was detained. At the sentencing hearing in October 2005, the district court determined that his conduct was inconsistent with acceptance of responsibility and denied the adjustment. Anderson argues on appeal that a single positive test for marijuana use is an insufficient reason to deny him the adjustment. Although the guidelines are no longer mandatory, the sentencing court must determine the correct guideline range and consider the range, with other factors, before imposing sentence. United States v. Hughes , 401 F.3d 540, 546 (4th Cir. 2005). The guideline commentary on which the court relied in denying Anderson the adjustment states that the court may consider whether the- 3 - defendant has voluntarily withdrawn “from criminal conduct or associations.” USSG § 3E1.1, comment. (n.1(b)). This court has held that a defendant’s continued use or sale of drugs after conviction may be a basis for denial of acceptance of responsibility. United States v. Kidd , 12 F.3d 30, 34 (4th Cir. 1993); United States v. Underwood , 970 F.2d 1336, 1339 (4th Cir. 1992). These decisions do not require multiple instances of drug use to warrant denial of the adjustment, only some continued use of drugs after conviction. Therefore, the district court did not clearly err when it held that Anderson’s continued involvement with drugs did not reflect acceptance of responsibility. We therefore affirm the sentence imposed by the district court. 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
---

Exhibit 32.2

CERTIFICATIONS PURSUANT TO SECTION 906 OFTHE
SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of mPhase Technologies,
Inc., a New Jersey corporation (the "Company"), on Form 10Q for the quarter
ended December 31, 2009, as filed with the Securities and Exchange Commission
(the "Report"), I, Martin S Smiley, Chief Financial Officer of the Company
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
Section 1350), that to his knowledge:

|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/ Martin S.
SmileyMartin S.Smiley Chief Financial Officer

February 12, 2010

---
# National Oceans Month, 2009

Oceans are the Earth's dominant feature. They cover more than 70 percent of the planet's surface and affect our lives in a variety of ways. This month we celebrate the wonder of the oceans, and we commit to protecting and sustaining them for current and future generations.

The oceans are critical to supporting life. From the abyssal plains of the Pacific to the shallow coral reefs and seagrass beds of the Florida Keys, oceans support an incredible diversity of marine life and ecosystems. The base of the oceanic ecosystem provides most of the oxygen we breathe, so oceans are critical to our survival. These bodies of water also drive weather patterns and affect climate.

Our Nation's economy relies heavily on the oceans. Goods and services are transported across them constantly. They support countless jobs in an array of industries, including fishing, tourism, and energy. The economies of entire regions depend on the oceans.

The United States has been a leader in exploring and protecting this critical resource. We have gained new insights into the ocean ecosystems through research and monitoring. We have promoted innovative conservation efforts, such as setting aside special areas as national marine sanctuaries. We have also reduced overfishing, made great strides in reducing coastal pollution, and helped restore endangered species and degraded habitats.

My Administration continues to build upon this progress, and we are taking a more integrated and comprehensive approach to developing a national ocean policy that will guide us well into the future. This policy will incorporate ecosystem-based science and management and emphasize our public stewardship responsibilities. My Administration also is working to develop a systematic marine spatial planning framework for the conservation and sustainable use of ocean resources. I am committed to protecting these resources and ensuring accountability for actions that affect them.

During National Oceans Month, we celebrate these vast spaces and the myriad ways they sustain life. We also pledge to preserve them and commend all those who are engaged in efforts to meet this end.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2009 as National Oceans Month. I call upon all Americans to learn more about the oceans and what can be done to conserve them.

IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of June, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third.

[FR Doc. E9-14341

Billing code 3195-W9-P
<TABLE> <S> <C>


<ARTICLE>                                   9
<LEGEND>
This schedule  contains  summary  financial  information  extracted  from this
company's  Consolidated  Statement of Operations and Consolidated Statement of
Condition  and is qualified  in its  entirety by  reference to such  financial
statements.
</LEGEND>
<MULTIPLIER>                            1000

<S>                         <C>
<PERIOD-TYPE>                6-MOS
<FISCAL-YEAR-END>                       DEC-31-2000
<PERIOD-START>                          JAN-01-2000
<PERIOD-END>                            DEC-30-2000
<CASH>                                       29,432
<INT-BEARING-DEPOSITS>                       48,245
<FED-FUNDS-SOLD>                                  0
<TRADING-ASSETS>                                  0
<INVESTMENTS-HELD-FOR-SALE>                 510,942
<INVESTMENTS-CARRYING>                      510,942
<INVESTMENTS-MARKET>                        510,942
<LOANS>                                   3,629,284
<ALLOWANCE>                                  72,601
<TOTAL-ASSETS>                            4,365,242
<DEPOSITS>                                2,165,047
<SHORT-TERM>                              1,251,110
<LIABILITIES-OTHER>                          59,643
<LONG-TERM>                                 622,000
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<COMMON>                                        233
<OTHER-SE>                                  267,209
<TOTAL-LIABILITIES-AND-EQUITY>            4,365,242
<INTEREST-LOAN>                             274,720
<INTEREST-INVEST>                            39,600
<INTEREST-OTHER>                                  0
<INTEREST-TOTAL>                            312,320
<INTEREST-DEPOSIT>                          100,174
<INTEREST-EXPENSE>                          206,505
<INTEREST-INCOME-NET>                       107,815
<LOAN-LOSSES>                                     0
<SECURITIES-GAINS>                                0
<EXPENSE-OTHER>                              48,265
<INCOME-PRETAX>                              67,297
<INCOME-PRE-EXTRAORDINARY>                        0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                                 38,465
<EPS-BASIC>                                  2.23
<EPS-DILUTED>                                  2.20
<YIELD-ACTUAL>                                 2.57
<LOANS-NON>                                   6,142
<LOANS-PAST>                                      0
<LOANS-TROUBLED>                              1,004
<LOANS-PROBLEM>                               6,725
<ALLOWANCE-OPEN>                             85,374
<CHARGE-OFFS>                                 2,247
<RECOVERIES>                                  2,298
<ALLOWANCE-CLOSE>                            85,425
<ALLOWANCE-DOMESTIC>                         85,425
<ALLOWANCE-FOREIGN>                               0
<ALLOWANCE-UNALLOCATED>                           0



</TABLE>
[984 NE2d 317, 960 NYS2d 343]

#### In the Matter of Perry Bellamy, Appellant, v New York City Police Department, Respondent.

Decided February 12, 2013

*1029APPEARANCES OF COUNSEL

*Perry Bellamy,*appellant pro se.

*Michael A. Cardozo, Corporation Counsel,*New York City *(Sharyn Rootenberg*and *Larry*A. *Sonnenshein*of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, without costs, and certified question not answered on the ground that it is unnecessary. In denying the subject Freedom of Information Law request, the Appellate Division did not abuse its discretion.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith and Pigott. Taking no part: Judge Rivera.
IN THE SUPREME COURT OF THE STATE OF NEVADA

No. 83542 

# FILED MICHAEL RONALD BROOKS, Appellant, vs. THE STATE OF NEVADA, Respondent. MICHAEL RONALD BROOKS, Appellant, vs. THE STATE OF NEVADA, Respondent. 

### OCT 28 2132
ELIZABETH A. BROWN CLERK OF SUPREME COURT BY Ç

. DEPLflY CLE No. 83608 •

ORDER DISMISSING APPEALS These are pro se appeals from judgments of conviction. This court's review of these appeals reveals a jurisdictional defect. Specifically, the district court entered the judgments of conviction on July 16, 2021. Appellant did not file the notices of appeal, however, until September 21, 2021, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). Because an untimely notice of appeal fails to vest jurisdiction in this court, Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), this court lacks jurisdiction to consider the appeals, and

ORDERS these appeals DISMISSED.'
J.

Cadish 

# Piek. J Pickering Herndon "Based on this dismissal, the court takes no action in regard to the pro se letter filed in Docket No. 83608. SUPREME COURT OF NEVADA (C) I947A arlett.cc: Hon. Kathleen M. Drakulich, District Judge Michael Ronald Brooks Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT

OF NEVADA (01 1447A
Exhibit 10.4



 





July 25, 2013


 


Bitzio, Inc.

San Francisco, CA


 


Resignation as Secretary, Chief Financial Officer
and Director


 


I, Gordon McDougall, of Vancouver, B.C. hereby resign effective
this date as Secretary, Chief Financial Officer and Director of Bitzio, Inc.


 


	 	 
	Gordon McDougall
EXHIBIT 31.2
                  CERTIFICATION PURSUANT TO 18 U.S.C. ss. 1350,
      AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Gregory Adams, certify that:

1. I have reviewed  this  quarterly  report on Form 10-QSB of Online  Originals,
Inc.;

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 make the statements
made, in light of the  circumstances  under which such statements were made, not
misleading with respect to the period covered by this quarterly 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 flows of the registrant as
of, and for, the periods presented in this report;

4. I am responsible for  establishing  and maintaining  disclosure  controls and
procedures  (as  defined  in  Exchange  Act Rules  13a-14  and  15d-14)  for the
registrant and I have:

   d)     designed  such  disclosure  controls  and  procedures  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 which  this  quarterly
          report is being prepared;

   e)     evaluated the  effectiveness of the registrant's  disclosure  controls
          and procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and

   f)     presented in this report our conclusions  about the  effectiveness  of
          the disclosure  controls and procedures  based on our evaluation as of
          the Evaluation Date;

5. I have disclosed,  based on our most recent  evaluation,  to the registrant's
auditors and the audit committee of registrant's  board of directors (or persons
performing the equivalent function):

   c)     all  significant  deficiencies  in the design or operation of internal
          controls  which could  adversely  affect the  registrant's  ability to
          record,  process,   summarize  and  report  financial  data  and  have
          identified for the  registrant's  auditors any material  weaknesses in
          internal controls; and

   d)     any fraud, whether or not material,  that involves management or other
          employees who have a  significant  role in the  registrant's  internal
          controls; and

6. I have indicated in this report whether or not there were significant changes
in  internal  controls  or in other  factors  that  could  significantly  affect
internal  controls  subsequent  to the  date  of  our  most  recent  evaluation,
including any  corrective  actions with regard to significant  deficiencies  and
material weaknesses.


Date:    July 11, 2008


By:       /s/ Gregory Adams
         -------------------
         Gregory Adams
         Chief Financial Officer
CERTIFICATION
OF CHIEF EXECUTIVE OFFICER


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


(18 U.S.C
SECTION 1350)





In
connection with the Quarterly Report of China Tel Group, Inc. and its
Subsidiaries (the “Company”), on Form 10-Q for the fiscal quarter ended
September 30, 2009, as filed with the United States Securities and Exchange
Commission (“Report”), I, George Alvarez, Chief Executive Officer of the
Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (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.








By:
      /s/ George AlvarezGeorge
      AlvarezChief
      Executive OfficerNovember
      11, 2009








[A signed
original of this written statement required by Section 906 has been provided to
China Tel Group, Inc. and will be retained by China Tel Group, Inc. and
furnished to the United States Securities and Exchange Commission or its staff
upon request.]
EXHIBIT 32.2
------------



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

In connection with the Quarterly Report of Landauer, Inc. (the "Company")
on Form 10-Q for the period ended June 30, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Jonathon M. Singer, Chief Financial 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 to the best of my knowledge and
belief:

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 result of operations
      of the Company.

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



                                    /s/ Jonathon M. Singer
                                    --------------------------------
                                    Jonathon M. Singer
                                    Chief Financial Officer



August 7, 2008
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

___________________________

No. 02

- 20

- 00206

- CV

___________________________

On Appeal from t he 153rd District Court

Tarrant County, Texas

Trial Court No. 153

- 310407

- 19

Before Sudderth, C.J.; Kerr, and Birdwell, JJ.

Per Curiam Memorandum Opinion 

### G ARY 

### P AHUJA A 

### / K 

### / A 

### G AURAV 

### P AHUJA



### , Appellant

V



### .

D IMENSIONAL 

### S TONE 

### G ROUP



### , I NC



### . D 

### / B 

### / A 

### F ORTUNA 

### G RANITOS



### C ORPORATION 

### , Appellee2 MEMORANDUM OPINION AND JUDGMENT

We have considered appellant ’ s “ Amended Notice of Settlement and Agr eed

Motion for Voluntary Dismissal. ” We grant the motion and dismiss the appeal. See

Tex. R. App. P. 42.1(a)(1), 43.2(f).

Each party must bear its own costs of appeal. See Tex. R. App. P. 42.1(d), 43.4.

Per Curiam

Delivered : January 7, 202 1
#### PEARSON et al. v. O’CONNOR et al.

No. 9630.

District Court of the United States for the District of Columbia.

March 19, 1942.

Roberts & Mclnnis, of Washington, D. C., for plaintiffs Drew Pearson and Robert S. Allen.

William F. Cusiclr, of Washington, D. C., for defendants John J. O’Connor and Martin L. Sweeney.

BAILEY, Justice.

The motion to dismiss will be overruled except as to the statute of limitations as to libel. The present rules are modelled largely on the former equity rules under which the defense of the statute of limitations could be raised by a motion to dismiss. One of the objects of the new rules to the saving of time, and it would seem to be a useless waste of time not to entertain a motion to dismiss where a complaint shows on its face that the cause of action is barred. This defense is raised “affirmatively” in the motion to dismiss, and it seems unnecessary to go further and raise the same defense by answer.

The motion to dismiss will therefore .be sustained as to so much of the complaint as seeks to hold the defendants liable on the ground of any libellous publication. Rule 8(c), Rules of Civil Procedure, 28 U.S.C.A. following section 723c. See Barnhart v. W. Md. Ry. Co., 41 F.Supp. 898.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 4 Engrossed in House (EH)]

<DOC>
H. Res. 4

                In the House of Representatives, U. S.,

                                                       January 3, 2019.
    Resolved, That the Clerk be instructed to inform the President of the United 
States that the House of Representatives has elected Nancy Pelosi, a 
Representative from the State of California as Speaker, and Karen L. Haas, a 
citizen of the State of Maryland as Clerk, of the House of Representatives of 
the One Hundred Sixteenth Congress.
            Attest:

                                                                          Clerk.
```
#     Find NINDS Clinical Trials  

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Exhibit 32A

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 Bassett Furniture Industries, Incorporated (the Company) on Form 10-K for the period ending November 27, 2010, as filed with the Securities and
Exchange Commission on the date hereof (the Report), I Robert H. Spilman, Jr., Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of Sections 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

February 3, 2011

|                                     
|-------------------------------------
|                                     
|/s/ Robert H. Spilman, Jr.           
|Robert H. Spilman, Jr.               
|President and Chief Executive Officer

A signed original
of this written statement required by Section 906 has been provided to Bassett Furniture Industries, Incorporated and will be retained by Bassett Furniture Industries, Incorporated and furnished to the Securities and Exchange Commission or its
staff upon request.