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

**No. 0**  **9 -**  **793 4** 

MICHAEL LANE MCHONE, JR. , P etitioner

– Appell ant ,
v. THEODIS BECK , Respondent

– Appell ee .

Appeal from the United States District Court for the Middle Distr ict of Nor th Carolina , at Greensboro
. T homas D
. Schroeder , District Judge. ( 1 : 0 8

- c v - 00 775

- T DS

- DPD )

Submitted : July 26, 2010 Decided: August 19, 2010

Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.

Dismiss e d by un published per curiam opinion
.
Michael Lane Mchone, Jr. , Appellant Pro Se
. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, Nort h Carolina , for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Michael Lane Mchone, Jr., seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006) . A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006)
. When the district court denies relief on the merits, a prisoner satisfies th is standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently review ed the record and conclude that Mchone has not made the requisite showing. Accordingly, we deny a certificate of appealability , deny leave to proceed in forma pauperis , and dismiss the appeal. We dispense with oral a rgument because the facts and legal3 contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
IB 

Union Calendar No. 173

108TH CONGRESS 

1ST SESSION H. R. 542

[Report No. 108–297] 

To repeal the reservation of mineral rights made by the United States when 

certain lands in Livingston Parish, Louisiana, were conveyed by Public 

Law 102–562. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2003

Mr. BAKER introduced the following bill; which was referred to the Committee 

on Resources 

OCTOBER 7, 2003

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL

To repeal the reservation of mineral rights made by the 

United States when certain lands in Livingston Parish, 

Louisiana, were conveyed by Public Law 102–562.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 542 RH 

1 SECTION 1. REPEAL OF RESERVATION OF MINERAL 

2 RIGHTS, LIVINGSTON PARISH, LOUISIANA. 

3 (a) AMENDMENTS.—Section 102 of Public Law 102–

4 562 (106 Stat. 4234) is amended—

5 (1) by striking ‘‘(a) IN GENERAL.—’’; 

6 (2) by striking ‘‘and subject to the reservation 

7 in subsection (b),’’; and 

8 (3) by striking subsection (b). 

9 (b) IMPLEMENTATION OF AMENDMENT.—The Sec10 retary of the Interior shall execute the legal instruments 

11 necessary to effectuate the amendment made by sub12 section (a)(3). 

Union Calendar No. 173

108TH CONGRESS 

1ST SESSION H. R. 542

[Report No. 108–297] 

A BILL

To repeal the reservation of mineral rights made by 

the United States when certain lands in Livingston Parish, Louisiana, were conveyed by Public Law 102–562. 

OCTOBER 7, 2003

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed
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 quarterly report of ThermoEnergy Corporation (the "Company")
on Form 10-Q for the period ended March 31, 2009, as filed with the Securities
and Exchange Commission on the date hereof (the “Report"), I, Arthur S.
Reynolds, Chief Financial Officer of the Company, certify to the best of my
knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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 results of operations of the Company.





Date:  October
14, 2009





By:
                  /s/ Arthur S. ReynoldsName:
      Arthur S. ReynoldsTitle:
      Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S REPORT ON FORM 10-Q FOR THE QUARTER ENDED MARCH 31, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH REPORT.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          13,427
<SECURITIES>                                    29,628
<RECEIVABLES>                                      816
<ALLOWANCES>                                         0
<INVENTORY>                                      3,867
<CURRENT-ASSETS>                                 1,760
<PP&E>                                          39,213
<DEPRECIATION>                                   8,546
<TOTAL-ASSETS>                                  87,943
<CURRENT-LIABILITIES>                            9,994
<BONDS>                                         45,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            14
<OTHER-SE>                                      29,742
<TOTAL-LIABILITY-AND-EQUITY>                    87,943
<SALES>                                            630
<TOTAL-REVENUES>                                 1,794
<CGS>                                              275
<TOTAL-COSTS>                                    7,157
<OTHER-EXPENSES>                                 8,398
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 959
<INCOME-PRETAX>                               (13,959)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (13,959)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (13,959)
<EPS-PRIMARY>                                   (1.03)
<EPS-DILUTED>                                   (1.03)
        

</TABLE>
#### The People of the State of New York, Respondent, v James D. Johnson, Appellant.

[854 NYS2d 609]

*1245Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted criminal possession of a controlled substance in the fifth degree (Penal Law §§ 110.00, 220.06 [2]), defendant contends that Supreme Court erred in refusing to suppress the marihuana and cocaine found when his parole officer searched the vehicle that defendant had driven to his appointment with the parole officer. We reject that contention. The record establishes that defendant previously had failed drug tests and also had failed the drug test given on the day in question. In addition, defendant had an inexplicably large amount of cash on his person that day. We thus conclude that “the conduct of the parole officer was rationally and reasonably related to the performance of the parole officer’s duty” *(People v Huntley,*43 NY2d 175, 181 [1977]; *see People v Lopez,*288 AD2d 70 [2001], *Iv denied*97 NY2d 706 [2002]). Defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution *(see People v Lopez,*71 NY2d 662, 665 [1988]; *People v Brown,*305 AD2d 1068, 1069 [2003], *lv denied*100 NY2d 579 [2003]). “In any event, ‘[a] bargained guilty plea to a lesser crime makes unnecessary a factual basis for the particular crime confessed’ ” *(People v Turner,*16 AD3d 1150 [2005], *lv denied*5 NY3d 770 [2005], quoting *People v Clairborne,*29 NY2d 950, 951 [1972]). Finally, the fact that the court did not inform defendant that he may be subject to predicate felon treatment in the future did not render the plea involuntary or unknowing *(see People v Folk,*43 AD3d 1229, 1230 [2007]; *People v August,*33 AD3d 1046, 1050 [2006], *lv denied*8 NY3d 878 [2007]). Present—Smith, J.P., Centra, Fahey, Peradotto and Green, JJ.
# cpsaat55
| Sextant

**Mutual Funds** |  |
|---------------------------|--|
Exhibit 14

INDEPENDENT AUDITORS' CONSENT

The
Supervisory Board of
Infineon Technologies AG:

We
hereby consent to the incorporation by reference in the registration statements on Form S-8 (No. 333-11670; No. 333-12952;
No. 333-13566; No. 333-13856 and No. 333-104935) of Infineon Technologies AG of our report dated November 7, 2003 with respect to the
consolidated balance sheets of Infineon Technologies AG and subsidiaries as of September 30, 2002 and 2003, and the related consolidated statements of operations, shareholders' equity, and cash
flows for each of the years in the three-year period ended September 30, 2003, which report appears in the annual report of Infineon Technologies AG on Form 20-F
for the 2003 financial year.



KPMG
Deutsche Treuhand-Gesellschaft
Aktiengesellschaft
Wirtschaftsprüfungsgesellschaft

Munich,
Germany
November 20, 2003

---

QuickLinks
TABLE SNR07. Nonfatal occupational illnesses by major industry sector and category of illness, 2013

Industry

sector

Total cases Skin diseases or disorders Respiratory conditions Poisonings Hearin

Number of

cases

(thousands)

Incidence

rate1

Number of

cases

(thousands)

Incidence

rate1

Number of

cases

(thousands)

Incidence

rate1

Number of

cases

(thousands)

Incidence

rate1

Number of

cases

(thousands)

All industries including state and local

government2 ...................................... 199.4 18.8 33.6 3.2 19.6 1.8 3.2 0.3 21.2 

Private industry2 .................................. 152.3 16.6 26.0 2.8 13.0 1.4 1.6 .2 18.1 

Goods producing2 ........................... 52.5 27.6 6.7 3.5 2.7 1.4 .5 .3 14.0 

Natural resources and mining2,3 4.5 24.9 .9 5.1 .8 4.4 .1 .6 .3 

Construction ................................ 5.2 9.8 1.1 2.0 .4 .7 .2 .3 .3 

Manufacturing ............................. 42.7 35.9 4.7 4.0 1.5 1.3 .2 .2 13.4 

Service providing ............................ 99.9 13.7 19.3 2.7 10.3 1.4 1.1 .2 4.1 

Trade, transportation, and

utilities4 ...................................... 25.5 11.8 3.3 1.5 2.2 1.0 .6 .3 – 

Information .................................. 2.7 11.0 .3 1.1 – – – – .2 

Financial activities ....................... 4.9 6.9 .6 .9 .5 .7 – – – 

Professional and business

services ..................................... 11.8 8.3 – – 1.3 .9 .1 5 ( ) .3 

Education and health services .... 41.7 27.4 7.5 4.9 4.9 3.2 .3 .2 .1 

Leisure and hospitality ................ 10.1 11.2 3.1 3.4 .9 1.0 .2 .2 .1 

Other services, except public

administration ............................ 3.1 10.4 .8 2.7 .3 1.0 – – .1 

State and local government2 ............... 47.1 32.7 7.5 5.2 6.6 4.6 1.5 1.1 3.1 

State government2 .............................. 14.3 35.3 1.7 4.3 1.7 4.2 .4 1.0 .9 

Local government2 .............................. 32.8 31.7 5.8 5.6 4.9 4.7 1.1 1.1 2.2 

1 The incidence rates represent the number of illnesses per 10,000 full-time workers and were calculated as: 

(N/EH) x 20,000,000, where

N = number of illnesses EH = total hours worked by all employees during the calendar year 20,000,000 = base for 10,000 equivalent full-time workers 

(working 40 hours per week, 50 weeks per year)

2 Excludes farms with fewer than 11 employees. 3 Data for Mining (Sector 21 in the North American Industry Classification System — United States, 2007)

include establishments not governed by the Mine Safety and Health Administration rules and reporting, such asthose in Oil and Gas Extraction and related support activities. Data for mining operators in coal, metal, and

nonmetal mining are provided to BLS by the Mine Safety and HeIndependent mining contractors are excluded from the coal, metal, not reflect the changes the Occupational Safety and Health Admineffective January 1, 2002; therefore, estimates for these industindustries.

4 Data for employers in railroad transportation are provided to B

Department of Transportation. 5 Data too small to be displayed.

NOTE: Because of rounding, components may not add to tota

guidelines. 

SOURCE: U.S. Bureau of Labor Statistics, U.S. Department
**EXHIBIT      32.1**

|   | (1) | The                Report fully complies with the requirements of section 13(a) or 15(d)                of                the Securities Exchange Act of 1934, as amended;                and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  | (2) | The                information contained in the Report fairly presents, in all material                respects, the financial condition and result of operations of the                Company. |
|--|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| August                12, 2008 | /s/                Michael S. Smith          |
|--------------------------------|----------------------------------------------|
|                           | Michael                S. Smith              |
|                           | Chief                Executive Officer       |
|                           | (Principal                Executive Officer) |

----
EXHIBIT 31.1



CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO

EXCHANGE ACT RULE 13a-14(a)/15d-14(a)

AS ADOPTED PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Robert L. Howard-Anderson, Chief Executive Officer of Occam Networks, Inc., certify that:



|1. | I have reviewed this annual report on Form 10-K/A of Occam Networks, 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 report;
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: April 15, 2005



/s/ Robert L. Howard-AndersonRobert L. Howard-AndersonPresident and Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               MAR-31-1998
<CASH>                                       1,707,676
<SECURITIES>                                         0
<RECEIVABLES>                                5,379,131
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             8,282,995
<PP&E>                                      25,638,234
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              34,611,157
<CURRENT-LIABILITIES>                       32,881,986
<BONDS>                                      3,434,678
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           523
<OTHER-SE>                                 (1,706,030)
<TOTAL-LIABILITY-AND-EQUITY>                34,611,157
<SALES>                                     17,266,823
<TOTAL-REVENUES>                            17,266,823
<CGS>                                                0
<TOTAL-COSTS>                               20,458,792
<OTHER-EXPENSES>                             2,199,592
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,565,253
<INCOME-PRETAX>                            (6,956,814)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (6,956,814)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (6,956,814)
<EPS-PRIMARY>                                   (1.33)
<EPS-DILUTED>                                        0
        

</TABLE>
I 

108TH CONGRESS 

2D SESSION H. R. 5361

To require the Secretary of the Interior to provide public access to Navassa 

National Wildlife Refuge and Desecheo National Wildlife Refuge. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2004

Mr. RAHALL (for himself and Mr. POMBO) introduced the following bill; which 

was referred to the Committee on Resources 

A BILL

To require the Secretary of the Interior to provide public 

access to Navassa National Wildlife Refuge and Desecheo 

National Wildlife Refuge.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ACCESS TO NAVASSA AND DESECHEO NA4 TIONAL WILDLIFE REFUGES. 

5 (a) ACCESS, GENERALLY.—The Secretary of the In6 terior, acting through the Director of the United States 

7 Fish and Wildlife Service (in this section referred to as 

8 the ‘‘Secretary’’), shall provide public access to, use of, 

9 and recreational opportunities at the Navassa National 

10 Wildlife Refuge and Desecheo National Wildlife Refuge 
2

•HR 5361 IH 

1 under special use permits issued under the first section 

2 of Public Law 87–714 (16 U.S.C. 460k), popularly known 

3 as the Refuge Recreation Act, section 4 of the National 

4 Wildlife Refuge System Administration Act of 1966 (16 

5 U.S.C. 668dd), and regulations issued under this section. 

6 (b) TIME LIMITATIONS.—The Secretary—

7 (1) subject to paragraph (2), may limit access 

8 to such refuges to specific time periods in any year; 

9 and 

10 (2) shall provide access to each refuge during at 

11 least one period each year. 

12 (c) PRIORITY.—In issuing special use permits under 

13 this section, the Secretary shall give priority to consider14 ation of permit applications that do not negatively impact 

15 opportunities for wildlife-dependent recreation. 

16 (d) CONDITIONS.—The Secretary may include in any 

17 permit issued under this section conditions that the Sec18 retary determines are necessary to protect fish and wildlife 

19 populations and their habitat or public health and safety. 

20 (e) REGULATIONS.—

21 (1) IN GENERAL.—Not later than 120 days 

22 after the date of the enactment of this Act, the Sec23 retary shall issue regulations governing the issuance 

24 of special use permits under this section. 
3

•HR 5361 IH 

1 (2) CONTENTS.—Regulations under this sub2 section shall establish for each of the Navassa Na3 tional Wildlife Refuge and Desecheo National Wild4 life Refuge—

5 (A) the dates for which access may be pro6 vided; 

7 (B) the process for submitting an applica8 tion for a special use permit; and 

9 (C) the minimum information required to 

10 be included in a permit application.

Æ
#### The People of the State of New York, Respondent, v Banaisha E. Rios, Appellant.

[852 NYS2d 898]

*1272Memorandum: On appeal from a judgment convicting her upon a plea of guilty of, inter alia, two counts of robbery in the first degree (Penal Law § 160.15 [3]), defendant contends that the police lacked reasonable suspicion to stop her while she was walking down a street in the City of Rochester and to transport her to the scene of the crime for a showup identification. We reject that contention. Here, the victim provided the police with general descriptions of the three perpetrators, including references to gender, height and ethnicity. The police observed defendant and two other individuals, each of whom matched the victim’s descriptions of the perpetrators, within an hour of the incident and in proximity to the scene of the crime. We thus conclude that, “based on the totality of the circumstances,” the police had a reasonable suspicion that defendant was involved in the robbery *(People v Casillas,*289 AD2d 1063, 1064 [2001], *Iv denied*97 NY2d 752 [2002]; *see People v Wilson,*225 AD2d 568 [1996], *lv denied*88 NY2d 997 [1996]). We note in any event that defendant voluntarily accompanied the police to the scene of the crime *(see People v Hodge,*44 NY2d 553, 559 [1978]). Present—Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.
Exhibit 13.2



Kowloon-Canton Railway Corporation

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(18 U.S.C. Section 1350)



Pursuant to the requirements of Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. Sections 1350(a) and (b)), the undersigned hereby certifies as follows:



|1. | I, Lawrence C.P. Li, am the Director-Finance, of Kowloon-Canton Railway Corporation (the Corporation).
|-- | --------------------------------------------------------------------------------------------------------



|2. | To the best of my knowledge:
|-- | ----------------------------



| | (A) | The Corporations Form 20-F accompanying this Certification, in the form filed with the Securities and Exchange Commission (the Report) fully complies with the
requirements of Section 13(a) of the Securities Exchange Act of 1934 (the Exchange Act); and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (B) | The information in the Report fairly presents, in all material respects, the financial condition and results of operations of the Corporation.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------



Dated: June 24, 2005



/s/ Lawrence C.P. LiName:

Lawrence C.P. LiTitle:

Director-Finance




A SIGNED ORIGINAL OF THIS
WRITTEN STATEMENT REQUIRED BY SECTION 906 OF THE SARBANES-OXLEY ACT HAS BEEN PROVIDED TO KOWLOON-CANTON RAILWAY CORPORATION AND WILL BE RETAINED BY KOWLOON-CANTON RAILWAY CORPORATION AND FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS
STAFF UPON REQUEST.