alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Andrew Maurice TROTTER, Defendant-Appellant.

No. 07-4786.

United States Court of Appeals, Fourth Circuit.

Submitted: April 24, 2008.

Decided: June 24, 2008.

Katherine E. Evatt, Assistant Federal Public Defender, Columbia, South Carolina, for Appellant. Reginald I. Lloyd, United States Attorney, Stanley D. Rags-dale, Assistant United States Attorney, Columbia., South Carolina, for Appellee.

Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.

*237Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Andrew Maurice Trotter was convicted by a jury of being a felon in possession of a weapon and was sentenced to fifty-one months of imprisonment. On appeal, he raises two issues: (1) whether the district court erred by denying his motion to suppress evidence found at the traffic stop, and (2) whether there was sufficient evidence that he possessed the pistol at issue. For the reasons that follow, we affirm.

First, viewing the evidence as required, *United States v. Seidman,*156 F.3d 542, 547 (4th Cir.1998), we do not find that the district court’s factual findings, following a hearing on the motion, were clearly erroneous or that its legal findings were incorrect. *Ornelas v. United States,*517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); *United States v. Rusher,*966 F.2d 868, 873 (4th Cir.1992). Second, we find that any rational trier of fact could have found the element of possession, viewing the evidence in the light most favorable to the prosecution. *Glasser v. United States,*315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680 (1942); *United States v. Burgos,*94 F.3d 849, 862-63 (4th Cir.1996). Thus, we find that both claims fail.

Accordingly, we affirm. 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

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANESOXLEY ACT OF 2002

The undersigned, as the Chief Financial Officer of HQ Sustainable Maritime Industries, Inc. (the Company), certifies that, to
his knowledge on the date of this certification:



| | 1. | This Annual Report on Form 10K of the Company for the year ended December 31, 2009 as filed with the Securities and Exchange Commission on this date (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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

The foregoing certifications are made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
§1350) and shall not be relied upon for any other purpose.

Dated: March 15, 2010



|                        
|------------------------
|/s/ JeanPierre Dallaire
|JeanPierre Dallaire    
|Chief Financial Officer
#### WEIXIONG ZHU, Petitioner, v. Michael B. MUKASEY,* Attorney General, Respondent.

No. 04-76406.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 4, 2007.

Filed Dec. 21, 2007.

William K. Kiang, Esq., Kiang & Kiang, San Gabriel, CA, for Petitioner.

CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Anne Gannon, Esq., USSA-Office of the U.S. Attorney, Santa Ana, CA, Carol Federighi, Esq., Anh-Thu P. Mai, Esq., U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

*44Before: BOWMAN,** BRUNETTE, and BYBEE, Circuit Judges.

*

 Pursuant to Rule 43(c)(2) of the Federal Rules of Appellate Procedure, Michael B. Mukasey is substituted for Peter D. Keisler as respondent.

**

 The Honorable Pasco M. Bowman, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

MEMORANDUM ***

Weixiong Zhu, a native and citizen of the People’s Republic of China, petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his application for asylum and withholding of removal. Zhu sought asylum on the ground that the Chinese government forced his wife to abort a pregnancy that violated China’s one-child policy. The immigration judge (IJ) denied Zhu’s application because the IJ determined that Zhu “failed to present a credible account of persecution.” Administrative R. at 44. The BIA summarily affirmed the IJ’s decision.

We grant the petition for review. The IJ’s conclusion that Zhu was not credible was based on speculation and conjecture, not on substantial evidence in the record. *See Singh v. Gonzales,*439 F.3d 1100, 1105 (9th Cir.2006). The non-speculative reasons given by the IJ for not believing Zhu were based on inconsistencies in Zhu’s claim that he experienced political persecution in China. Those inconsistencies, however, did not go to the heart of Zhu’s alternative claim that his wife had suffered a forced abortion. *See id.*

On the record before the BIA, Zhu is statutorily eligible for asylum. *See*8 U.S.C. § 1101(a)(42)(B). Husbands of women who have been forced to undergo an abortion are deemed to have suffered past persecution and are “automatically eligible for asylum.” *Wenda Ge v. Ashcroft,*367 F.3d 1121, 1127 (9th Cir.2004). On this same basis, Zhu is entitled to withholding of removal without further showing. *See Zi Zhi Tang v. Gonzales,*489 F.3d 987, 992 (9th Cir.2007). We therefore remand, in part, for the Attorney General to exercise discretion in deciding whether to grant Zhu asylum, *see Wang He v. Ashcroft,*328 F.3d 593, 604 (9th Cir.2003), and we grant Zhu withholding of removal as a matter of law, *see Zi Zhi Tang,*489 F.3d at 992.

Petition for review GRANTED. Withholding of removal GRANTED. Asylum claim REMANDED.

***

 This disposition is not appropriate for publi- ■ cation and is not precedent except as provided by 9th Cir. R. 36-3.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2419 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2419

   To amend title 38, United States Code, to clarify the meaning of 
    ``combat with the enemy'' for purposes of service-connection of 
                             disabilities.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 6, 2011

   Mr. Connolly of Virginia introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
   To amend title 38, United States Code, to clarify the meaning of 
    ``combat with the enemy'' for purposes of service-connection of 
                             disabilities.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Compensation Owed for Mental Health 
Based on Activities in Theater Post-traumatic Stress Disorder Act'' or 
the ``COMBAT PTSD Act''.

SEC. 2. CLARIFICATION OF MEANING OF ``COMBAT WITH THE ENEMY'' FOR 
              PURPOSES OF SERVICE-CONNECTION OF DISABILITIES.

    (a) Clarification.--Section 1154(b) of title 38, United States 
Code, is amended--
            (1) by striking ``In the case'' and inserting ``(1) In the 
        case''; and
            (2) by adding at the end the following new paragraph:
    ``(2) For the purposes of this subsection, the term `combat with 
the enemy' includes service on active duty--
            ``(A) in a theater of combat operations (as determined by 
        the Secretary in consultation with the Secretary of Defense) 
        during a period of war; or
            ``(B) in combat against a hostile force during a period of 
        hostilities.''.
    (b) Effective Date.--Paragraph (2) of subsection (b) of section 
1154 of title 38, United States Code, as added by subsection (a), shall 
apply with respect to a claim for disability compensation under chapter 
11 of such title pending on or after the date of the enactment of this 
Act.
                                 <all>
```
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ATLANTA,_

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o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A1 9 A0 23 2

. SI CAY-PERROW
, KNI GHTEN & BOHAN, P.C. v

. CARLA S.
J OHNSON.

Th e p l ai n t i ff, Carl a S. J o h n s o n , o b t ai n ed a defau l t ju d g m en t ag ai n s t t h e

d efen d an t

, Si cay -Perr o w , Kn i g h t en & Bo h an , P.C., an d th e t ri al co u rt award ed

$ 7 8 9 ,0 0 0 i n l i q u i d at ed d am ag es

. Th e d efen d an t s ub s eq u en t l y s ou g h t t o s et as i d e t h e

d efau l t ju d gm en t p u rs u an t t o O CGA § 9 -1 1 -6 0 (d ). Th e t ri al co urt den ied t h e m o t i o n,

an d t h e d efen d an t fi l ed t h i s ap peal . W e, h o wev er, l ack ju ri s d i ct i o n

. A n ap peal fro m an o rd er d en y i n g a m o t i o n t o s et as i d e a ju d g m en t u n d e r

OCGA § 9 -1 1 -6 0 (d ) m

us t b e m a d e b y ap pl i cat i o n fo r d i s cret i o n ary rev i ew. See

OCGA § 5 -6 -3 5 (a) (8 ); Ji m El l i s At l a n ta

, In c

. v

. Ad a ms o n , 2 8 3 Ga. Ap p

. 1 1 6

, 1 1 6
(6 4 0 SE2 d 6 8 8 ) (2 0 0 6 ). T h e defen d an t ’ s fai l u re to fi l e a di s cret i on ary ap p l i cat i o n

t h u s d ep ri v es th i s Co u rt o f ju ri s d i ct i o n o v er t h i s a p p eal

, wh i ch is h ereb y

DISM ISSED.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e
, A t la n t a
,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i t n e s s m y s i g n a t u r e a n d th e s e a l o

f s a i d c o u r t

h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. August 29, 2018

08/29/2018
<PAGE>
                                                                    EXHIBIT 31.1

                                  CERTIFICATION

I, E. Kevin Hrusovsky, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Caliper Life Sciences,
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;

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. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

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

     b) evaluated the effectiveness of the registrant's disclosure controls and
     procedures and presented in this report our conclusions about the
     effectiveness of the disclosure controls and procedures, as of the end of
     the period covered by this report based on such evaluation; and

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

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

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

     b) any fraud, whether or not material, that involves management or other
     employees who have a significant role in the registrant's internal control
     over financial reporting.


Date: November 9, 2004


/S/ E. Kevin Hrusovsky
----------------------------------------
E. Kevin Hrusovsky, Chief Executive
Officer and President
(Principal Executive Officer)


                                       30
Exhibit
10.2

     

    FIRST
AMENDMENT TO MANAGEMENT SERVICES AGREEMENT

     

    THE FIRST
AMENDMENT TO MANAGEMENT SERVICES AGREEMENT is made this   day of
January, 2009, by and between HARDY CREDIT COMPANY, a Pennsylvania limited
partnership (the “Company”), and 84 LUMBER COMPANY, a Pennsylvania Limited
Partnership, a Pennsylvania limited partnership (“Manager”)

     

    WITNESSETH:

     

    WHEREAS,
Company and Manager executed that certain Management services Agreement dated as
of January 1, 2007 (the “Agreement”); and

    


    WHEREAS, Company and Manager desire to
amend and modify certain provisions of the Agreement as hereinafter
provided.

     

    NOW THEREFORE, in consideration of the
Agreement and the terms and conditions contained herein, the parties hereto
hereby agree as follows:

    


    1.           Preamble.  The
foregoing recitals are true and correct and are incorporated herein by this
reference. All capitalized but undefined terms used herein shall have the same
meaning as used in the Agreement.

    


    2.           Compensation.  Paragraph
5 (a) of the Agreement is hereby amended to provide that the Base Management Fee
shall be increased to an amount equal to $5,000 per month commencing January 1,
2009.

    


    3.           Counterparts;
Facsimiles.  This First Amendment may be executed in
counterparts, each of which (or any combination of which) when signed by all of
the parties shall be deemed an original, but all of which when taken together
shall constitute one agreement.  Executed copies hereof may be
delivered by facsimile or e-mail and upon receipt shall be deemed originals and
binding upon the parties hereto, and actual originals shall be promptly
delivered.

    


    4.           Full Force &
Effect.   Except as specifically modified in this First
Amendment all terms and conditions of this Agreement shall remain in full force
and effect.

     

    [SIGNATURE
PAGE FOLLOWS]

    


    
      
         

      

      
        1

        
          

        

      

      
         

      

    

     

    IN
WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS FIRST AMENDMENT ON THE DATES
INDICATED BELOW:

     

    
      
        	
                The
      Company

              
	 
      
	
                Hardy
      Credit Co., L.P.

              
	 
      	 
      
	
                By:

              	
                 /s/ Margaret H.
    Magerko

              
	 
      	 
      
	
                Its:

              	
                Margaret
      H. Magerko

              
	 
      	 
      
	 
      	
                President

              
	 
      	 
      
	
                Manager

              
	 
      
	
                84
      Lumber Company

              
	 
      	 
      
	
                By

              	
                /s/ Daniel M. Wallach

              
	 
      	 
      
	 
      	
                Daniel
      M. Wallach

              
	 
      	 
      
	 
      	
                Chief
      Financial Officer

              


      

    

     

    
      
         


      

      
        2
II 

Calendar No. 259 

112TH CONGRESS 

1ST SESSION H. R. 2422 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 15, 2011 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

DECEMBER 15, 2011 

Reported by Mr. LIEBERMAN, without amendment 

AN ACT 

To designate the facility of the United States Postal Service 

located at 45 Bay Street, Suite 2, in Staten Island, 

New York, as the ‘‘Sergeant Angel Mendez Post Office’’. 

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

3 SECTION 1. SERGEANT ANGEL MENDEZ POST OFFICE. 

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

5 Postal Service located at 45 Bay Street, Suite 2, in Staten 

6 Island, New York, shall be known and designated as the 

7 ‘‘Sergeant Angel Mendez Post Office’’. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 2422 RS

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

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

4 be deemed to be a reference to the ‘‘Sergeant Angel 

5 Mendez Post Office’’. 


jbell on DSK7SPTVN1PROD with BILLS

jbell on DSK7SPTVN1PROD with BILLS
Calendar No. 259 

112TH CONGRESS 

1ST SESSION H. R. 2422 

AN ACT 

To designate the facility of the United States PostMendez Post Office’’. Staten Island, New York, as the ‘‘Sergeant Angel al Service located at 45 Bay Street, Suite 2, in 

DECEMBER 15, 2011 

Reported without amendment 


jbell on DSK7SPTVN1PROD with BILLS
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, July 13, 2017.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, July 13, 2017

The Court of Appeals hereby passes the following order

A17I0264. IN THE INTEREST OF J. N., A CHILD (MOTHER).

Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be 

hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of 

this order. The Clerk of Juvenile Court is directed to include a copy of this order in the record 

transmitted to the Court of Appeals.

LC NUMBERS:

152204
Exhibit 32.1

        Certification under Section 906 of the Sarbanes-Oxley Act of 2002

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Henry E.
Gemino, as Chief Executive Officer and Chief Financial Officer, of Profile
Technologies, Inc., hereby certify that the Quarterly Report fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, as amended, and that the information contained in the Quarterly Report
fairly presents, in all material respects, the financial condition and results
of operations of Profile Technologies, Inc.


                                               /s/ Henry E. Gemino
                                               -------------------
                                               Henry E. Gemino,
                                               Chief Executive Officer
                                               and
                                               Chief Financial Officer
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 Justice Drug Enforcement Administration [Docket No. DEA-392]
 ACTION: Notice of application.
 DATES: Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.33(a) on or before November 17, 2017.
 ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152.


SUPPLEMENTARY INFORMATION: The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Assistant Administrator of the DEA Diversion Control Division (“Assistant Administrator”) pursuant to section 7 of 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR 1301.33(a), this is notice that on July 11, 2017, Halo Pharmaceutical, Inc., 30 North Jefferson Road, Whippany, New Jersey 07981 applied to be registered as a bulk manufacturer the following basic classes of controlled substances: Controlled substance
Drug code
ScheduleDihydromorphine
9145
IHydromorphone
9150
II
 The company plans to manufacture Hydromorphone (9150) for distribution to its customers. Dihydromorphine (9145) is an intermediate in the manufacture of Hydromorphone and is not for commercial distribution. Dated: September 11, 2017. Demetra Ashley, Acting Assistant Administrator.


[FR Doc. 2017-19834 Filed 9-15-17; 8:45 am] BILLING CODE P
Fourth Court of Appeals

San Antonio, Texas

April 22, 2019

No. 04-18-00844-CV

TITLE SOURCE, INC., Reporters Committee for Freedom of the Press, and Houston Forward 

Times,

Appellants

v.

HOUSECANARY, INC. f/k/a Canary Analytics, Inc.,

Appellees

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2016CI06300

Honorable David A. Canales, Judge Presiding

O R D E R

The Verified Motion Requesting Permission for Kalpana Srinivasan to participate Pro 

Hac Vice is hereby GRANTED.

_________________________________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 22nd day of April, 2019.

___________________________________

KEITH E. HOTTLE,

Clerk of Court