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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-2165

JOHN MICHAEL WOLFE,

Plaintiff – Appellant,

v.

PATRICK R. WOOLLEY; MARLINE S. KHALIL; BRITTANY A. VERA, 

Individual and Official Capacity; LORI WYMORE-KIRKLAND, Individual and 

Official Capacity; FAIRFAX COUNTY, VIRGINIA,

Defendants – Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Alexandria. Liam O’Grady, Senior District Judge. (1:20-cv-00116-LO-MSN)

Submitted: May 25, 2021 Decided: May 27, 2021

Before DIAZ and QUATTLEBAUM, Circuit Judges, and SHEDD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

John Michael Wolfe, Appellant Pro Se. Jesse D. Stein, POLICASTRI LAW FIRM, LLC, 

Rockville, Maryland; David Drake Hudgins, HUDGINS LAW FIRM, PC, Alexandria, 

Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

John Michael Wolfe appeals the district court’s order granting Defendants’ motions 

to dismiss Wolfe’s 42 U.S.C. § 1983 complaint and a subsequent order denying Wolfe’s

Fed. R. Civ. P. 59(e) motion to alter or amend judgment. We have reviewed the record 

and find no reversible error. Accordingly, we affirm for the reasons stated by the district 

court. Wolfe v. Woolley, No. 1:20-cv-00116-LO-MSN (E.D. Va. July 31, 2020 & Sept. 25, 

2020). We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

AFFIRMED
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Exhibit 13.6CERTIFICATION PURSUANT TO 18 U.S.C.  SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE U.S. SARBANES‐OXLEY ACT OF 2002 In connection with the Annual Report of TAM Capital Inc. (the "Company") on Form 20‐F for the fiscal year ended December 31, 2010, as filed with the U.S. Securities and Exchange Commission on the date hereof (the "Report"), I, Líbano Miranda Barroso, Chief Financial Officer, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the U.S. Sarbanes‐Oxley Act of 2002, that to the best of my knowledge: (i)          the Report fully complies with the requirements of section 13(a) or 15(d) of the U.S. Securities Exchange Act of 1934; and (ii)         the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. Date: May 13, 2011 By:/s/ Líbano Miranda BarrosoLíbano Miranda BarrosoChief Financial Officer


---
TYRONE L. SMITH,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D15-1008

_____________________________/

Opinion filed June 1, 2015.

An appeal from an order of the Circuit Court for Duval County.

Jack M. Schemer, Judge.

Tyrone L. Smith, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

LEWIS, C.J., BENTON and ROBERTS, JJ., CONCUR.
#### UNITED STATES of America, Plaintiff-Appellee v. Martin Alvarez GAMEZ, also known as Martin Alvarez, also known as Martin Carlos-Gamez, also known as Martin Alvarez-Gamez, also known as Juan Garcia-Rivera, also known as Martin Carlos Alvarez-Gamez, also known as Carlos Alvarez, also known as Martin Gamez Alvarez, also known as Eduardo Gamez Alvarez, Defendant-Appellant.

No. 12-20694

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Nov. 13, 2013.

Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges.

PER CURIAM: *

Martin Alvarez Gamez pleaded guilty to illegal reentry of a deported alien after an aggravated felony conviction. He was sentenced to 78 months of imprisonment and no term of supervised release. Gamez argues that his guilty plea was not knowing and voluntary because trial counsel failed to recognize, investigate, and advise him about a potential defense to his offense of conviction. Specifically, he contends that although counsel did investigate and advise him of a possible defense based on derivative citizenship, counsel did not recognize, investigate, and advise him that he may have had a possible defense to the illegal reentry charge based on acquisition of citizenship at birth.

Gamez did not raise this ineffective assistance of counsel claim in the district court. “[T]he general rule in this circuit is that a claim for ineffective assistance of counsel cannot be resolved on direct appeal when the claim has not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations.” *United States v. Cantwell,*470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). Because we conclude that “we cannot fairly evaluate the claim from the record,” we decline to consider Gamez’s ineffective assistance of counsel claim on appeal without prejudice to his right to raise the claim in a timely 28 U.S.C. § 2255 proceeding. *See United States v. Gulley,*526 F.3d 809, 821-22 (5th Cir .2008).

Accordingly, the judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
EX-10.8



 





Exhibit 10.8




AMENDMENT TO AGREEMENT



This Amendment (the “Amendment”) to the SECOND AMENDED AND RESTATED AGREEMENT (as
further defined below and hereinafter referred to as the “Agreement”), is dated February 22, 2007,
and is among and between JO-ANN STORES, INC , an Ohio corporation formerly known as
Fabri-Centers of America, Inc (the “Company”), BETTY ROSSKAMM (“Betty Rosskamm”), and JOAN WITTENBERG, SANDRA ZUCKER and LARRY ZIMMERMAN
(the successors to Alma Zimmerman, and hereinafter referred to collectively as the “Zimmerman
Successors”).



WHEREAS the Company, Betty Rosskamm and Alma Zimmerman entered into the

SECOND AMENDED AND RESTATED AGREEMENT on October 30, 2003 (such agreement being hereinafter defined
as the “Agreement”);



WHEREAS Alma Zimmerman is now deceased, and her interests under the Agreement are now represented
by the Zimmerman Successors, who represent to the other parties hereto that they have full power
and authority to bind the Zimmermans with respect to this Amendment, and



WHEREAS the parties to this Amendment wish to amend certain provisions of the Agreement.



NOW, THEREFORE, and in consideration of good and valuable consideration, the adequacy of which is
hereby acknowledged, the parties agree as follows:



1.  Any capitalized terms used in this Amendment which are not otherwise defined in this

Amendment shall be defined in the same manner as such terms are defined in the Agreement.



2.  Betty Rosskamm hereby waives the Rosskamms’ right of first refusal under Section 3 of the
Agreement with respect to the disposition of any Shares by the Ziinmermans or their Permitted
Holders.



3.  The Zimmerman Successors hereby waive the Zimmermans’ right of first refusal under

Section 3 of the Agreement with respect to the disposition of any Shares by the
Rosskamms or their Permitted Holders.



4.  Section 3(b) of the Agreement is amended, so that the Company must give its notice that it wishes
to exercise its right of first refusal within five (5) business days after the day on
which it receives a notice of a proposed disposition pursuant to Section 3(a) of the
Agreement. In Section 3(c) of the Agreement, the clause “20-day period” is amended to
read “5 business day period.”




 









 




5.  All other provisions of the Agreement remain in full force and effect.



6.  This Amendment may be executed in counterparts.



IN WITNESS WEREOF, the parties have signed this Amendment on the date set fourth in the Preamble.




JO-ANN STORES, INC.




/s/ David B. Goldston

By: David B. Goldston

       Senior Vice President, General Counsel & Secretary




/s/ Betty Rosskamm

Betty Rosskamm




/s/ Joan Wittenberg

Joan Wittenberg




/s/ Sandra Zucker

Sandra Zucker




/s/ Larry Zimmerman

Larry Zimmerman
**EXHIBIT
      32.2**





**CERTIFICATION**





In
      connection with the quarterly report of Findex.com, Inc. (the “company”) on Form
      10-QSB/A for the period ending June 30, 2002 as filed with the Securities and
      Exchange Commission on the date hereof (the “Periodic Report”), I, Kirk R.
      Rowland, Chief Financial Officer of the company, certify, pursuant to Section
      906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350, as adopted),
      that
      to my knowledge:





(1)
            The
                Periodic 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 Periodic Report fairly presents, in
                all
                material respects, the financial condition and results of operations
                of
                the company at the end of the periods covered by the Periodic Report.





In
      Witness Whereof, the undersigned has set his hand hereto as of this
      29 th day of
      September, 2005.








By
            /s/
                Kirk R. RowlandKirk
                R. Rowland, CPAChief
                Financial Officer
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        Search Home > News Articles > Industry Advisory — Demurrage & Detention Billing Practices

Industry Advisory — Demurrage & Detention Billing Practices


Posted on:


July 22, 2022 Vessel-Operating Common Carriers (VOCCs) are required to comply with demurrage or detention billing practices established by the *Ocean Shipping Reform Act of 2022* (PL 117-146). As previously advised to the trade, there is no phase-in period for this provision of law. The law, and its requirements, related to demurrage and detention charges, became effective June 16, 2022. VOCCs must come into compliance with all self-executing provisions in the *Ocean Shipping Reform Act of 2022*, specifically the requirements for demurrage and detention billing (46 U.S.C. 41104(d)). The Federal Maritime Commission will pursue enforcement action against any conduct perceived to establish open-ended obligations or include coercive tactics circumventing the clear direction of Congress.
 Industry Advisory
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Document Headings

                    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.                  

###### Federal Accounting Standards Advisory Board

# AGENCY:

Federal Accounting Standards Advisory Board.

# ACTION:

Notice.

                    Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. 92-463), as amended, and the FASAB Rules Of Procedure, as amended in October 2010, notice is hereby given that the Federal Accounting Standards Advisory Board (FASAB) has issued Statement of Federal Financial Accounting Standards (SFFAS) 53,                     *Budget and Accrual Reconciliation.*

The Statement is available on the FASAB Web site at http://www.fasab.gov/​accounting-standards/​. Copies can be obtained by contacting FASAB at (202) 512-7350.

# FOR FURTHER INFORMATION CONTACT:

Ms. Wendy M. Payne, Executive Director, 441 G Street NW., Mailstop 6H19, Washington, DC 20548, or call (202) 512-7350.

Authority: Federal Advisory Committee Act, Pub. L. 92-463.

Dated: October 27, 2017.

Wendy M. Payne,

Executive Director.

[FR Doc. 2017-23801 Filed 10-31-17; 8:45 am]

 BILLING CODE 1610-02-P
**EXHIBIT 31.2 - RULE 13a-14(a)/15d-14(a)**CERTIFICATION OF CHIEF FINANCIAL OFFICER
I, Adail Ortiz, certify that:
1)  I have reviewed this quarterly report on Form 10-Q of Telecomunicaciones de PuertoRico, Inc. (the “registrant”); 2)  Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this report; 3)  Based on my knowledge, the financial statements, and other financial informationincluded 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 periodspresented in this report; 4)  The registrant’s other certifying officer(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the registrant and have:
 (a)  Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated 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 controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  (c)  Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and
5)  The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):
 (a)  All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process, summarizeand report financial information; and  (b)  Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internal controlover financial reporting.     Date: May 16, 2005         /s/ Adail Ortiz         Name: Adail Ortiz    Title: Vice President and Chief Financial Officer
---

Exhibit 32.1

|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 China Marketing Media Holdings, Inc. (the Company) on Form 10-K for
the period ended December 31, 2010 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Yingsheng Li, President and
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,
as adopted pursuant to § 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 result of operations of the Company.

| | /s/Yingsheng Li                      
| | -------------------------------------
| | Yingsheng Li                         
| | President and Chief Executive Officer

March 31, 2011

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

The forgoing certification is being furnished to the Securities
and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It is not being
filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.

---
Document Headings

                    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

###### Antitrust Division

                    Notice is hereby given that, on September 28, 2017, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), National Fire Protection Association (“NFPA”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing additions or changes to its standards development activities. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, NFPA has updated the regulations governing its standards development process and related rules, guidelines and policies, established a Patent Policy and has provided an updated and current list of its standards developments activities, related technical committee and conformity assessment activities. Information concerning NFPA regulations, technical committees, current standards, standards development, conformity assessment activities and Patent Policy are publicly available at                     *nfpa.org.*

                    On September 20, 2004, NFPA filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on October 21, 2004 (69 FR 61869).                

Patricia A. Brink,

Director of Civil Enforcement, Antitrust Division.

[FR Doc. 2017-23687 Filed 10-30-17; 8:45 am]

BILLING CODE P