alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America v. Carl Anthony KNIGHT, Appellant.

No. 14-1195.

United States Court of Appeals, Third Circuit.

Submitted for Possible Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 and Consideration of Whether a Certificate of Appealability is Required May 30, 2014.

Opinion Filed June 10, 2014.

Rebecca R. Haywood, Esq., Office of United States Attorney, Pittsburgh, PA, Marshall J. Piccinini, Esq., Office of United States Attorney, Erie, PA, for United States of America.

Carl Anthony Knight, White Deer, PA, pro se.

Before: RENDELL, FISHER and GREENAWAY, JR., Circuit Judges.

OPINION

PER CURIAM.

In 1999, the District Court sentenced Appellant Carl Anthony Knight to life imprisonment following his conviction for conspiracy to distribute and possess with intent to distribute cocaine base. In January 2014, Knight filed a pro se motion with the District Court, asking the court to correct a “simple clerical error” in his judgment of sentence pursuant to Federal Rule of Criminal Procedure 36.1 Knight claimed that “the typist in the clerk[’s] office” had “fail[ed] to check the correct box [i]n the State[ment] of Reasons” section of the judgment.2 In that section, there are two boxes. The first box should have been checked if the court adopted the factual findings and guideline application in the presentence report *without exception.*The second box should have been checked if the court adopted the factual findings and guideline application in the presentence report *with one or more exceptions.*Knight’s judgment of sentence has the first box checked.

On January 9, 2014, the District Court denied Knight’s Rule 36 motion, concluding that no clerical error had been made because the court had, in fact, adopted the factual findings and guideline application in the presentenee report *without exception.*This pro se appeal followed.

We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291.3 For the reason given by the District Court, we agree with the court’s denial of Knight’s Rule 36 motion.4 Because this appeal does *82not present a substantial question, we will summarily affirm the District Court’s January 9, 2014 order. *See*3d Cir. I.O.P. 10.6.

1

. Rule 36 provides that, "[a]fter giving any notice it considers appropriate, the court may at any time correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission.” Fed.R. Crim.P. 36.

2

. Knight made clear that he was *not*challenging the sentence itself or his underlying conviction.

3

. Because this appeal is not challenging a final order in a proceeding under 28 U.S.C. § 2255, Knight does not need to obtain a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B).

4

. Although we have yet to articulate the standard for reviewing the denial of a Rule 36 motion, we need not do so here because this appeal fails under any available standard.
#### Judson WITHAM, Plaintiff-Appellant, v. NEW YORK STATE; Department of Environmental Conservation; International Paper Corporation; Warren County, New York; The Lake George Park Commission; Town of Ticonderoga, New York, Defendants-Appellees.

No. 13-2482.

United States Court of Appeals, Fourth Circuit.

Submitted: April 24, 2014.

Decided: April 28, 2014.

Judson Witham, Appellant Pro Se.

Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Judson Witham appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Witham v. New York State,*No. 5:13-cv-00611-BO (E.D.N.C. Oct. 24, *2422013). 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.*
I

103D CONGRESS

1ST SESSION H. R. 2313

To suspend until January 1, 1995, the duty on anthraquinone.

IN THE HOUSE OF REPRESENTATIVES

MAY 27, 1993

Mr. HASTERT introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To suspend until January 1, 1995, the duty on

anthraquinone.

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

3 SECTION 1. ANTHRAQUINONE.

4 Subchapter II of chapter 99 of the Harmonized Tar5 iff Schedule of the United States is amended by inserting

6 in numerical sequence the following new heading:

‘‘ 9902.31.12 9,10-

Anthracenedione

(CAS No. 84–

65–1) (provided

for in subheading

2914.61.00) ...... Free No change No change On or before

12/31/94 ’’.
2

•HR 2313 IH

1 SEC. 2. APPLICABILITY.

2 (a) IN GENERAL.—The amendment made by section

3 1 applies with respect to goods entered, or withdrawn from

4 warehouse for consumption, on or after the 15th day after

5 the date of the enactment of this Act.

6 (b) RETROACTIVE PROVISION.—Notwithstanding sec7 tion 514 of the Tariff Act of 1930 or any other provision

8 of law to the contrary, upon a request filed with the appro9 priate customs officer before the 90th day after the date

10 of the enactment of this Act, any entry or withdrawal from

11 warehouse for consumption of goods to which the amend12 ment made by section 1 applies and that was made—

13 (1) after December 31, 1992; and

14 (2) before the 15th day after the date of the en15 actment of this Act;

16 and with respect to which there would have been no duty

17 or a lower duty if the amendment made by section 1 had

18 applied to such entry or withdrawal, shall be liquidated

19 or reliquidated as though such entry or withdrawal had

20 occurred on such 15th day.

Æ
```

[Federal Register Volume 66, Number 37 (Friday, February 23, 2001)]
[Notices]
[Page 11284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4503]

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

DEPARTMENT OF ENERGY

[Docket No. RP01-228-000]

Northern Border Pipeline Company; Notice of Proposed Changes in 
FERC Gas Tariff

February 16, 2001.
    Take notice that on February 9, 2001, Northern Border Pipeline 
Company (Northern Border) tendered for filing to become part of its 
FERC Gas Tariff, First Revised Volume No. 1, the tariff sheets listed 
on the filing, to become effective March 12, 2001.
    Northern Border proposes to make housekeeping changes in its tariff 
to reflect cross-references to the applicable GISB standards and 
conform language in a few certain areas of Northern Border's tariff to 
conform to the GISB standards. The proposed housekeeping tariff 
changes, when approved will make it easier for the user of Northern 
Border's tariff to track the GISB standards.
    Northern Border copies of this filing have been sent to all of 
Northern Border's contracted shippers and interested state regulatory 
commissions.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with Sections 385.214 or 385.211 of the Commission's Rules 
and Regulations. All such motions or protests must be filed in 
accordance with Section 154.210 of the Commission's Regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceedings. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance). 
Comments and protests may be filed electronically via the internet in 
lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on 
the Commission's web site at http://www.ferc.fed.us/efi/doorbell.htm.

David P. Boergers,
Secretary.
[FR Doc. 01-4503 Filed 2-22-01; 8:45 am]
BILLING CODE 6717-01-M
```
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EXHIBIT 31.2
                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Stephen T. Wills, certify that:

1. I have reviewed this annual report on Form 10-K of Palatin Technologies,
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)) and internal control over financial
reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) 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
subsidiary, 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:

(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:  September 13, 2004

/s/  Stephen T. Wills
Stephen T. Wills, Chief Financial Officer
Exhibit 99.1


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

In connection with the filing of the Annual Report on Form 10-K for the
Year Ended December 31, 2002 (the "Report") by Mikohn Gaming Corporation
("Registrant"), each of the undersigned hereby certifies that:

1. The Report fully complies with the requirements of sections 13(a) and
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 results of operations of
Registrant.


                                               /s/ RUSSEL H. MCMEEKIN
                                              ------------------------
                                              Russel H. McMeekin
                                              Chief Executive Officer
                                              April 14, 2003



                                               /s/ JOHN M. GARNER
                                              -----------------------
                                              John M. Garner
                                              Chief Financial Officer
                                              April 14, 2003
<TABLE> <S> <C>


<ARTICLE>                     5

<CIK>                         0000830260
<NAME>                        Oregon Steel Mills, Inc.
<MULTIPLIER>                                  1000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   MAR-31-2000
<CASH>                                                5832
<SECURITIES>                                             0
<RECEIVABLES>                                        70463
<ALLOWANCES>                                         (2034)
<INVENTORY>                                         108633
<CURRENT-ASSETS>                                    196101
<PP&E>                                              856007
<DEPRECIATION>                                     (254663)
<TOTAL-ASSETS>                                      857803
<CURRENT-LIABILITIES>                               103250
<BONDS>                                             228250
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               258
<OTHER-SE>                                          340756
<TOTAL-LIABILITY-AND-EQUITY>                        857803
<SALES>                                             164903
<TOTAL-REVENUES>                                    164903
<CGS>                                               161642
<TOTAL-COSTS>                                       161642
<OTHER-EXPENSES>                                     12776
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                    8506
<INCOME-PRETAX>                                     (17393)
<INCOME-TAX>                                         (6626)
<INCOME-CONTINUING>                                 (10767)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        (10767)
<EPS-BASIC>                                          (0.41)
<EPS-DILUTED>                                        (0.41)



</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         295,610
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  1,169,169
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                      3,754,811
<ALLOWANCE>                                     64,783
<TOTAL-ASSETS>                               5,591,180
<DEPOSITS>                                   4,213,956
<SHORT-TERM>                                   788,359
<LIABILITIES-OTHER>                             57,143
<LONG-TERM>                                          0
<COMMON>                                           286
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     431,436
<TOTAL-LIABILITIES-AND-EQUITY>               5,591,180
<INTEREST-LOAN>                                170,105
<INTEREST-INVEST>                               36,075
<INTEREST-OTHER>                                 1,203
<INTEREST-TOTAL>                               207,383
<INTEREST-DEPOSIT>                              70,960
<INTEREST-EXPENSE>                              18,785
<INTEREST-INCOME-NET>                          117,638
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                   3
<EXPENSE-OTHER>                                 87,839
<INCOME-PRETAX>                                 54,505
<INCOME-PRE-EXTRAORDINARY>                      54,505
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    34,798
<EPS-PRIMARY>                                     1.24
<EPS-DILUTED>                                     1.24
<YIELD-ACTUAL>                                    4.76
<LOANS-NON>                                     36,487
<LOANS-PAST>                                     4,894
<LOANS-TROUBLED>                                 1,549
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                66,601
<CHARGE-OFFS>                                    3,182
<RECOVERIES>                                     1,364
<ALLOWANCE-CLOSE>                               64,783
<ALLOWANCE-DOMESTIC>                            64,783
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
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 Annual Report of Cubist Pharmaceuticals, Inc. ("Cubist") on Form 10-K for the period
ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, David W.J. McGirr, Chief Financial Officer of Cubist, certify, pursuant to
18 U.S.C. Section 1350, as adopted 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 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
Cubist.

February 26,
2010

/s/ DAVID W.J. MCGIRR David W.J. McGirr Senior Vice President and
Chief Financial Officer


---



QuickLinks
EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Quarterly Report of Eat at Joe's,  Ltd., on Form
10-QSB for the quarter  ending June 30,  2007 as filed with the  Securities  and
Exchange Commission on the date hereof (the "REPORT"),  the undersigned,  Joseph
Fiore, Chief Executive Officer and Principal  Accounting Officer of the Company,
certify,  pursuant to 18 U.S.C.  ss.1350,  as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

         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.

Date: August 14, 2007


/s/ Joseph Fiore
Joseph Fiore
CEO, CFO, Chairman, Secretary, Director
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.





                                       25
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 41086 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
JAMES BRANDON BENNETT , Defendant

- Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:17

- CR

- 124

- 2

Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent James Brandon Bennett has moved
for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Bennett h a s not filed a response. We have reviewed counsel’s brief
and the re levant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 28, 2019

Lyle W. Cayce Clerk Case: 18-41086 Document: 00515096320 Page: 1 Date Filed: 08/28/2019No. 18

- 41086

2 appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further resp onsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 18-41086 Document: 00515096320 Page: 2 Date Filed: 08/28/2019