alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. John R. WARD a/k/a Billy, Defendant-Appellant.

No. 07-7680.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 17, 2008.

Decided: Jan. 28, 2008.

*496Cheryl Johns Sturm, Chadds Ford, Pennsylvania, for Appellant. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

John R. Ward seeks to appeal the district court’s order denying his 28 U.S.C. § 2255 (2000) motion as successive. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Ward has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.

*DISMISSED.*
# Third District Court of Appeal

State of Florida

Opinion filed September 16, 2015

. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D14-1726

Lower Tribunal No. 06-CF-1440 -K

________________



### Enrique Davalos

, Appellant,

vs.



### The State of Florida

, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) for

Monroe County, Tegan Slaton

, Judge.

Enrique Davalos, in proper person.

Pamela Jo Bondi, Attorney General, and Magaly Rodriguez

, Assistant

Attorney General, for appellee.

Before WELLS, EMAS and FERNANDEZ, JJ.

FERNANDEZ, J.

Enrique Davalos appeals the summary denial of his motion to correct illegalsentence, pursuant to Florida Rule of Criminal Procedure 3.801. We reverse the

denial of Davalos’ motion, and remand to the trial court for further proceedings.

On February 17, 2009, Davalos received a sentence of 33.75 months in

prison, followed by 26.25 months probation, with credit for 804 days for time

served. Davalos served his prison sentence after which he was released on August

14, 2009 to serve his probationary period and an INS Detainer. Davalos

subsequently violated his probation and entered a plea of partial admission to the

violations. The court revoked Davalos’ probation and, on April 16, 2014, Davalos

received a sentence of five years in prison, followed by eight years probation.

Davalos alleges and the State concedes that there is a jail credit discrepancy

between the jail credit awarded in February 2009 and April 2014. Upon the

imposition of the new sentence in April 2014, Davalos received jail credit for 711

days. Specifically, he received jail credit for 668 days from April 22, 2007 to

February 17, 2009 and 43 days from March 5, 2014 to April 16, 2014. Thus, there

is a 93-day discrepancy for which remand is warranted. See Williams v. State

, 768

So. 2d 1195, 1196 (Fla. 2d DCA 2000).

We therefore reverse the denial of Davalos’ 3.801 motion, and remand for

the trial court to either provide record attachments that explain the discrepancy in

the amount of jail credit awarded or correct Davalos’ jail credit.

Reversed and remanded for further proceedings.

2
II 

Calendar No. 70 

114TH CONGRESS 

1ST SESSION S. 994 

To designate the facility of the United States Postal Service located at 

1 Walter Hammond Place in Waldwick, New Jersey, as the ‘‘Staff 

Sergeant Joseph D’Augustine Post Office Building’’. 

IN THE SENATE OF THE UNITED STATES 

APRIL 16, 2015 

Mr. BOOKER (for himself and Mr. MENENDEZ) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

MAY 6, 2015 

Reported by Mr. JOHNSON, without amendment 

A BILL 

To designate the facility of the United States Postal Service 

located at 1 Walter Hammond Place in Waldwick, New 

Jersey, as the ‘‘Staff Sergeant Joseph D’Augustine Post 

Office Building’’. 

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

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2 

•S 994 RS

1 SECTION 1. STAFF SERGEANT JOSEPH D’AUGUSTINE POST 

2 OFFICE BUILDING. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 1 Walter Hammond Place in 

5 Waldwick, New Jersey, shall be known and designated as 

6 the ‘‘Staff Sergeant Joseph D’Augustine Post Office 

7 Building’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 

10 States to the facility referred to in subsection (a) shall 

11 be deemed to be a reference to the ‘‘Staff Sergeant Joseph 

12 D’Augustine Post Office Building’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

mstockstill on DSK4VPTVN1PROD with BILLS

Calendar No. 70 

114TH CONGRESS 

1ST SESSION S. 994 

A BILL 

To designate the facility of the United States PostJoseph D’Augustine Post Office Building’’. in Waldwick, New Jersey, as the ‘‘Staff Sergeant al Service located at 1 Walter Hammond Place 

MAY 6, 2015 

Reported without amendment 

mstockstill on DSK4VPTVN1PROD with BILLS
#### Josefina B. MENDOZA, Claimant-Appellant, v. Gordon H. MANSFIELD, Acting Secretary of Veterans Affairs, Respondent-Appellee.

No. 2007-7262.

United States Court of Appeals, Federal Circuit.

Dec. 11, 2007.

Josefina B. Mendoza, pro se.

*255Before RADER, SCHALL, and PROST, Circuit Judges.

*ORDER*

PER CURIAM.

The Acting Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and dismiss for lack of jurisdiction Josefina B. Mendoza’s appeal from the United States Court of Appeals for Veterans Claims. Mendoza has not responded.

On April 10, 2006, Mendoza filed a notice of appeal with the Court of Appeals for Veterans Claims from a May 16, 2005, decision of the Board of Veterans’ Appeals. Prior to filing her notice of appeal, however, Mendoza moved the Board for reconsideration of its decision. Determining that Mendoza’s motion for reconsideration abated the finality of the Board’s April 2006 decision, the Court of Appeals for Veterans Claims dismissed Mendoza’s appeal for lack of jurisdiction. Mendoza now appeals, seeking review by this court.

The court’s jurisdiction to review decisions of the Court of Appeals for Veterans Claims is limited. *See Forshey v. Principi,*284 F.3d 1335, 1338 (Fed.Cir.2002) (en banc). Under 38 U.S.C. § 7292(a), this court has jurisdiction over rules of law or the validity of any statute or regulation, or an interpretation thereof relied on by the court in its decision. This court may also entertain challenges to the validity of a statute or regulation, and to interpret constitutional and statutory provisions as needed for resolution of the matter. 38 U.S.C. § 7292(c). In contrast, except where an appeal presents a constitutional question, this court lacks jurisdiction over challenges to factual determinations or laws or regulations as applied to the particular case. 38 U.S.C. § 7292(d)(2).

In her brief, Mendoza does not challenge the validity or interpretation of any statute or regulation. Because Mendoza’s appeal does not raise issues within our jurisdiction, we agree with the Acting Secretary that this appeal must be dismissed.

Accordingly,

IT IS ORDERED THAT:

(1) The Acting Secretary’s motions are granted.

(2) Each side shall bear its own costs.
Exhibit 32.1


        CERTIFICATION PURSUANT TO RULE 13a-14(b) OF THE EXCHANGE ACT AND
         18 U.S.C. SECTION 1350, AS ENACTED PURSUANT TO SECTION 906 OF
                         THE SARBANES-OXLEY ACT OF 2002

         In connection with the filing of Zunicom, Inc. and Subsidiary (the
"Company") Quarterly Report on Form 10-Q for the period end September 30, 2010
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"),I, William Tan, President and Chief Executive Officer of the Company,
certify, pursuant to Rule 13a-14(b) of the Exchange Act and 18 U.S.C. (SS) 1350,
as enacted 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 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/ William Tan
--------------------
William Tan
President and Chief Executive Officer
(principal executive officer)

November 14, 2010



























                                Exhibit 32.1 - 1
II 

Calendar No. 40 

114TH CONGRESS 

1ST SESSION S. 906 

[Report No. 114–17] 

To amend the Internal Revenue Code of 1986 to modify the types of wines 

taxed as hard cider. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2015 

Mr. HATCH, from the Committee on Finance, reported the following original 

bill; which was read twice and placed on the calendar 

A BILL 

To amend the Internal Revenue Code of 1986 to modify 

the types of wines taxed as hard cider. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cider Investment and 

5 Development through Excise Tax Reduction (CIDER) 

6 Act’’. 


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2 

•S 906 PCS

1 SEC. 2. MODIFICATION OF DEFINITION OF HARD CIDER. 

2 (a) IN GENERAL.—Section 5041 of the Internal Rev3 enue Code of 1986 is amended by adding at the end the 

4 following new subsection: 

5 ‘‘(g) HARD CIDER.—For purposes of subsection 

6 (b)(6), the term ‘hard cider’ means a wine— 

7 ‘‘(1) containing not more than 0.64 gram of 

8 carbon dioxide per hundred milliliters of wine, except 

9 that the Secretary may by regulations prescribe such 

10 tolerances to this limitation as may be reasonably 

11 necessary in good commercial practice, 

12 ‘‘(2) which is derived primarily from— 

13 ‘‘(A) apples, apple juice concentrate, pears, 

14 or pear juice concentrate, and 

15 ‘‘(B) water, 

16 ‘‘(3) which contains no fruit product or fruit 

17 flavoring other than apple or pear, and 

18 ‘‘(4) which contains at least one-half of 1 per19 cent and less than 8.5 percent alcohol by volume.’’. 

20 (b) CONFORMING AMENDMENT.—Paragraph (6) of 

21 section 5041(b) of such Code is amended by striking 

22 ‘‘which is a still wine’’ and all that follows through ‘‘alco23 hol by volume’’. 

24 (c) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply to articles removed during calendar 

26 years beginning after December 31, 2015. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•S 906 PCS

1 SEC. 3. INCREASE IN CONTINUOUS LEVY. 

2 (a) IN GENERAL.—Paragraph (3) of section 6331(h) 

3 of the Internal Revenue Code of 1986 is amended by strik4 ing ‘‘30 percent’’ and inserting ‘‘35 percent’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 this section shall apply to payments made after 180 days 

7 after the date of the enactment of this Act. 


emcdonald on DSK67QTVN1PROD with BILLS
Calendar No. 40 

114TH CONGRESS 

1ST SESSION S. 906 

[Report No. 114–17] 

A BILL 

To amend the Internal Revenue Code of 1986 to 

modify the types of wines taxed as hard cider. 

APRIL 14, 2015 

Read twice and placed on the calendar 


emcdonald on DSK67QTVN1PROD with BILLS
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41611-41612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18620]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management 
and Budget (OMB) for clearance the following proposal for collection of 
information under the provisions of the Paperwork Reduction Act (44 
U.S.C. Chapter 35).
    Agency: National Oceanic and Atmospheric Administration (NOAA).
    Title: Processed Products Family of Forms.
    OMB Control Number: 0648-0018.
    Form Number(s): NOAA 88-13, NOAA88-13(c).
    Type of Request: Regular (extension of a currently approved 
information collection).
    Number of Respondents: 747.
    Average Hours per Response: 30 minutes for an Annual Processed 
Products Report and 15 minutes for a monthly Fishery Products Report 
Fish Meal and Oil.
    Burden Hours: 395.
    Needs and Uses: This request is for extension of a current 
information collection.
    National Oceanic and Atmospheric Administration (NOAA) annually 
collects information from seafood and industrial fishing processing 
plants on the volume and value of their processed fishery products and 
their monthly employment figures. NOAA also collects monthly production 
volume of fish meal, oil, and solubles. The information gathered is 
used by NOAA in the economic and social analyses developed when 
proposing and evaluating fishery management actions.
    Affected Public: Business and other for-profit organizations.
    Frequency: Annually and monthly.
    Respondent's Obligation: Mandatory.
    This information collection request may be viewed at reginfo.gov. 
Follow the instructions to view Department of Commerce collections 
currently under review by OMB.

[[Page 41612]]

    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to <a href="/cdn-cgi/l/email-protection#6c23253e2d333f190e01051f1f0503022c03010e4209031c420b031a"><span class="__cf_email__" data-cfemail="9bd4d2c9dac4c8eef9f6f2e8e8f2f4f5dbf4f6f9b5fef4ebb5fcf4ed">[email protected]</span></a> or fax to (202) 395-5806.

    Dated: August 29, 2017.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2017-18620 Filed 8-31-17; 8:45 am]
 BILLING CODE 3510-22-P


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</html>
IN THE SUPREME COURT OF THE STATE OF MONTANA

Supreme Court No. DA 19-0648

STATE OF MONTANA,

Plaintiff and Appellee,

v.

ANDREW PIERCE LAKE,

Defendant and Appellant.

ORDER

Pursuant to authority granted under Mont. R. App. P. 26(1), the Appellant is 

given an extension of time until September 14, 2020 to prepare, file and serve the 

Appellant’s opening brief.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

August 14 2020

08/14/2020

Case Number: DA 19-0648
Order filed, January 6, 2017.

In The

Fourteenth Court of Appeals

____________

NO. 14-16-00982-CR

____________

CITY OF HOUSTON, Appellant

V.

G.L., Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 1435565

ORDER

The reporter’s record in this case was due July 05, 2016. See Tex. R. App. 

P. 35.1. The court has not received a request to extend time for filing the record. 

The record has not been filed with the court. Because the reporter’s record has not 

been filed timely, we issue the following order.

We order Mary Mills, the official court reporter, to file the record in this 

appeal within 30 days of the date of this order. 

PER CURIAM
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 #15263 and #15264; Pennsylvania Disaster Number PA-00081]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Pennsylvania dated August 23, 2017.
 DATES: Issued on 08/23/2017. *Physical Loan Application Deadline Date:*
                         10/23/2017. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         05/23/2018.
 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, (202) 205-6734.


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. *Incident:*
                     Flash Flooding. *Incident Period:*
                     07/14/2017. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Clearfield *Contiguous Counties:* Pennsylvania Blair, Cambria, Cameron, Centre, Clinton, Elk, Indiana, Jefferson. The Interest Rates are: Percent*For Physical Damage:*Homeowners With Credit Available Elsewhere
3.500Homeowners Without Credit Available Elsewhere
1.750Businesses With Credit Available Elsewhere
6.610Businesses Without Credit Available Elsewhere
3.305Non-Profit Organizations With Credit Available Elsewhere
2.500Non-Profit Organizations Without Credit Available Elsewhere
2.500*For Economic Injury:*Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere
3.305Non-Profit Organizations Without Credit Available Elsewhere
2.500
 The number assigned to this disaster for physical damage is 15263 6 and for economic injury is 15264 0. The State which received an EIDL Declaration # is Pennsylvania. (Catalog of Federal Domestic Assistance Number 59008) Dated: August 23, 2017. Linda E. McMahon, Administrator.


[FR Doc. 2017-18382 Filed 8-29-17; 8:45 am] BILLING CODE 8025-01-P
<PAGE>

                                  EXHIBIT 32.2


            SECTION 1350 CERTIFICATION OF THE CHIEF FINANCIAL OFFICER


        In connection with the Quarterly Report on Form 10-Q for the quarterly
period ended February 28, 2006 of Arrow International, Inc., a Pennsylvania
corporation (the "Company"), as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Frederick J. Hirt, the Senior
Vice President of Finance and Chief Financial Officer of the Company, hereby
certify pursuant to 18 U.S.C. ss.1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to my knowledge and based upon a review of the
Report, 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 as of the dates and periods presented as required by such Report.

        This certification is based upon, among other things, my
responsibilities as Chief Financial Officer of the Company, my own due diligence
and representations made by certain other members of the Company's senior
management.

Date:   April 10, 2006                /s/ Frederick J. Hirt
                                      ------------------------------------------
                                      Frederick J. Hirt
                                      Chief Financial Officer and Senior Vice
                                      President of Finance (Principal Financial
                                      Officer and Chief Accounting Officer)
U.S. BUREAU OF LABOR STATISTICS COMPENSATION AND WORKING CONDITIONS

Page 1

IRRA Considers Name Change

by John K. Steinmeyer

Originally Posted: November 24, 2003

The Industrial Relations Research Association (IRRA) is considering a name change to reflect its broader interests in

research, practice, theory, and public policy in the fields of labor, employment, and the workplace. The new name being

considered is the Labor and Employment Relations Association.

While the idea of a name change had been debated for years, it wasn't until June 2003 that the Executive Board formally

discussed and agreed upon the new name. But before the change can become final, comments from members will be

solicited up to December 19, 2003. Local chapters of the IRRA have also been asked to consider the name change at their

fall 2003 meetings and send their views to the national office. All of these comments will then be discussed at the

organization's Executive Board meeting and General Membership meeting to be held in San Diego in January 2004. Finally,

in spring 2004, the proposal for the name change will be submitted to the membership in a mail vote.

A key event leading up to the change was a decision by past president John Burton, Jr., to appoint a Special Strategic

Membership Committee to consider how the IRRA could expand its membership. In the course of this task, the range of the

organization's activities was reviewed, and the option of a name change considered in light of trade-offs that could affect

recruitment. Ultimately, the term "industrial relations " was considered to have evolved into too narrow a focus. The current

IRRA constitution provided a basis for a name change by specifying the group's purposes to include "the encouragement of

research in all aspects of the field of labor, employment, and the workplace."1

Notes

1 "Board Considering Changing IRRA Name to Labor and Employment Relations Association," on the Internet at http://www.irra.uiuc.edu/

Pubs/newsletters/2003%20IRRA%20NL/NameChangeProposal090803.htm, visited September 29, 2003.

U.S. Bureau of Labor Statistics | Division of Information and Marketing Services, PSB Suite 2850, 2 Massachusetts Avenue, NE Washington, DC

20212-0001 | www.bls.gov/OPUB | Telephone: 1-202-691-5200 | Contact Us
**Exhibit 23.1**

 

 

Consent of Independent Registered Public Accounting Firm

 

 

 

The Board of Directors

Inamed Corporation:

Weconsent to the incorporation by reference in the registration statements (Nos.333-107528, 333-105021, 333-43072, 333-32226, 333-88541, 333-38698 and333-33498) on Forms S-3 andS-8 of InamedCorporation of our reports dated March 14, 2005, with respect to theconsolidated balance sheets of Inamed Corporation as of December 31, 2004 and2003, and the related consolidated statements of income, stockholders’ equityand comprehensive income, and cash flows for each of the years in thethree-year period ended December 31, 2004, and the related financial statementschedule II, management’s assessment of the effectiveness of internal control overfinancial reporting as of December 31, 2004 and the effectiveness of internalcontrol over financial reporting as of December 31, 2004, which reports appearin the December 31, 2004 Annual Report on Form 10-K/A of Inamed Corporation.

 

 
| /s/ KPMG LLP |
|--------------|

Los Angeles,California

April 29, 2005

 

1

----

** **