alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-30403

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff–Appellee,

v.

MARIA AIDE DELGADO,

Defendant–Appellant.

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 6:06-CR-60074-5

Before WIENER, PRADO, and OWEN, Circuit Judges.

PER CURIAM:

*

The attorney appointed to represent Marie Aide Delgado 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).

Delgado has filed a response. Her motions to supplement her response are

GRANTED.

The record is insufficiently developed to allow consideration at this time

of Delgado’s claims of ineffective assistance of counsel; such claims generally

United States Court of Appeals

Fifth Circuit

F I L E D

April 6, 2011

Lyle W. Cayce

Clerk

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.

Case: 10-30403 Document: 00511436744 Page: 1 Date Filed: 04/06/2011
No. 10-30403

“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). We have reviewed

counsel’s brief and the relevant portions of the record reflected therein, as well

as Delgado’s response. We concur with counsel’s assessment that the appeal

presents no nonfrivolous issue for appellate review. Accordingly, the motion for

leave to withdraw is GRANTED, counsel is excused from further responsibilities

herein, the APPEAL IS DISMISSED, and all other outstanding motions are

DENIED. See 5TH CIR. R. 42.2.

2

Case: 10-30403 Document: 00511436744 Page: 2 Date Filed: 04/06/2011
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 Quarterly Report of NL Industries,  Inc. (the Company) on
Form 10-Q for the quarter ended June 30, 2005 as filed with the  Securities  and
Exchange Commission on the date hereof (the Report), I, Harold C. Simmons, Chief
Executive  Officer of the Company,  and I, Gregory M. Swalwell,  Chief Financial
Officer of the Company,  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 the Company.




/s/ Harold C. Simmons
--------------------------
Harold C. Simmons
   Chief Executive Officer


/s/ Gregory M. Swalwell
--------------------------
Gregory M. Swalwell
   Chief Financial Officer


August 3, 2005


Note: The certification  the registrant  furnishes in this exhibit is not deemed
"filed" for purposes of Section 18 of the  Securities  Exchange Act of 1934,  as
amended,  or otherwise subject to the liabilities of that Section.  Registration
Statements or other documents filed with the Securities and Exchange  Commission
shall not incorporate this exhibit by reference,  except as otherwise  expressly
stated in such filing.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2272 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2272

To direct the Secretary of Defense to establish an electronic means by 
which members of the Ready Reserves of the Armed Forces may track their 
                          active-duty service.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2013

Mr. McKinley (for himself and Mr. Owens) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To direct the Secretary of Defense to establish an electronic means by 
which members of the Ready Reserves of the Armed Forces may track their 
                          active-duty service.

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

SECTION 1. ELECTRONIC TRACKING OF CERTAIN RESERVE DUTY.

    The Secretary of Defense shall establish an electronic means by 
which members of the Ready Reserve of the Armed Forces can track their 
operational active-duty service performed after January 28, 2008, under 
section 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, 
United States Code. The tour calculator shall specify early retirement 
credit authorized for each qualifying tour of active duty, as well as 
cumulative early reserve retirement credit authorized to date under 
section 12731(f) of such title.
                                 <all>
```
|  |  |  |  |  |  |
|--|--|--|--|--|--|
|  |  |
|  |  |  |  |  |  |
|  |  |  |
|  |  |  |
|  |  |  |

# Bureau of Land Management Northern Field Office      1150 University Avenue       Fairbanks, AK 99709       Ph: 1-800-437-7021; Fax: 907-474-2282

| U.S. Department of Interior           Privacy        Disclaimer        FirstGov |
|----------------------------------------------------------------------------------------------------------------------------------------|
<PAGE>
                                                                   EXHIBIT 10.51

September 11, 2003



Richard Bacon
142 Oakwood Court
Abbotsbury Road
London, UK W14 8JS

Dear Rick:

This letter confirms our agreement with you regarding your compensation,
effective 9/2/03.

PRG Schultz International, Inc. will protect fifty percent (50%) of your base
salary against the currency exchange rate on the date of September 2, 2003 ($1 =
Pound Sterling 0.63694) for a period of 16 months. There will be two true-up
periods, one in January 2004 for income earned through December 31, 2003 and one
in January 2005 for income earned from January 1, 2004 through December, 2004.

Sincerely,

/s/ Marie Neff

Marie Neff
Executive Vice President, Human Resources

MN/smh
* Pursuant to Local Rule 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 Local Rule 47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 95-40432

Summary Calendar

_____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE MARIA MENDOZA,

Defendant-Appellant.

________________________________________________

Appeal from the United States District Court

for the Southern District of Texas

(L-94-CR-191-01)

________________________________________________

February 8, 1996

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:*

Jose Maria Mendoza appeals his conviction and sentence for

conspiracy to possess with intent to distribute a controlled

substance, in violation of 21 U.S.C. §§ 846, 841(a)(1), and

841(b)(1)(A). He asserts that the evidence was not sufficient to

independently corroborate his confession. See United States v.

Ybarra, __ F.3d __, 1195 WL 692990 (5th Cir. 1995) (quoting Smith

v. United States, 348 U.S. 147, 152-53 (1954), for recognition of

general rule that accused may not be convicted on his own

uncorroborated confession). 
- 2 -

Needless to say, we will not disturb a verdict on

insufficiency of evidence grounds if a reasonable trier of fact

could find that the evidence established guilt beyond a reasonable

doubt. E.g., United States v. Bell, 678 F.2d 547, 549 (5th Cir.

1982) (en banc), aff'd, 462 U.S. 356 (1983). We find more than

sufficient evidence to corroborate Mendoza's inculpatory statements

and sufficient evidence from which a reasonable jury could have

concluded that Mendoza conspired to possess cocaine with intent to

distribute. 

Accordingly, we 

AFFIRM.
<TABLE> <S> <C>


<ARTICLE>                           5
<LEGEND>

This schedule  contains summary  financial  information  extracted from Davidson
Growth Plus. L.P. 1999 Fourth Quarter 10-KSB and is qualified in its entirety by
reference to such 10-KSB filing.
</LEGEND>

<CIK>                               0000795757
<NAME>                              DAVIDSON GROWTH PLUS, L.P.
<MULTIPLIER>                               1,000


<S>                                   <C>
<PERIOD-TYPE>                       12-MOS
<FISCAL-YEAR-END>                   DEC-31-1999
<PERIOD-START>                      JAN-01-1999
<PERIOD-END>                        DEC-31-1999
<CASH>                                       746
<SECURITIES>                                   0
<RECEIVABLES>                                366
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0 <F1>
<PP&E>                                    24,870
<DEPRECIATION>                           (10,829)
<TOTAL-ASSETS>                            15,651
<CURRENT-LIABILITIES>                          0 <F1>
<BONDS>                                   11,596
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                 3,236
<TOTAL-LIABILITY-AND-EQUITY>              15,651
<SALES>                                        0
<TOTAL-REVENUES>                           5,570
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                           4,593
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                         1,034
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                 889
<EPS-BASIC>                                30.38 <F2>
<EPS-DILUTED>                                  0
<FN>

<F1> Registrant has an unclassified balance sheet. <F2> Multiplier is 1.

</FN>


</TABLE>
**Exhibit 31.2**

 

CERTIFICATION

 

I, Lawrence Kong, certify that:

 

1. I have reviewed this Quarterly Report onForm 10-Q of Bidz.com, Inc.;

 

2. Based on my knowledge, this report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3. Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4. The registrant’s other certifying officer andI are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

 

a) Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant is made known to us by others, particularly during the period inwhich this report is being prepared;

 

b) Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

c) Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and

 

5. The registrant’s other certifying officerand I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the audit committeeof registrant’s board of directors (or persons performing the equivalentfunctions):

 

a) All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

b) Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

Date: November 10, 2005
|   | /s/ Lawrence  Kong       |   |
|--------|--------------------------|--------|
|   | Lawrence  Kong           |
|   | Chief  Financial Officer |

 

----
Exhibit 32.1





Certification
of Principal Executive Officer


Pursuant
to


Section 906
of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)





In
connection with the Quarterly Report on Form 10-Q for the quarter ended
June 30, 2009 (the “Report”) of ATS Corporation (the “Registrant”), as filed
with the Securities and Exchange Commission on the date hereof, I, Edward H.
Bersoff, Chairman and Chief Executive Officer of the Registrant, hereby certify
that:





(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 results of operations of the
Registrant.





Date:
      August 7, 2009
              By:
              /s/
      Edward H. BersoffEdward
      H. BersoffChairman,
      President and Chief Executive Officer(Principal
      Executive Officer)
##### 



EXHIBIT 32.1
 SARBANES-OXLEY SECTION 906 CERTIFICATION
 CERTIFICATION OF MICHAEL A. CREEL, CHIEF EXECUTIVE OFFICER
OF EPE HOLDINGS, LLC, THE GENERAL PARTNER OF
ENTERPRISE GP HOLDINGS L.P.
  (1)
    
    The Report fully complies with the requirements of Section 13(a) 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 Registrant.
 /s/ Michael A. CreelName:
    
    Michael A. CreelTitle:
    
    Chief Executive Officer of EPE Holdings, LLCon behalf of Enterprise GP Holdings L.P.Date:
    
    May 9, 2005
Case 4:20-cv-00078-WS-MJF Document 20 Filed 09/11/20 Page 1 of 1
Page 1 of 3

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

CHARLES J. DAVIS,

Plaintiff,

v. Case No. 5:20-cv-80-TKW/MJF

R. TAYLOR, et al.,

Defendants.

/

O R D E R

This case is before the Court based on the magistrate judge’s Report and 

Recommendation (Doc. 99). Plaintiff filed a “Motion to Object” (Doc. 102), which 

the Court construes as an objection to the Report and Recommendation. The Court 

reviewed the issues raised in the objection de novo as required by 28 U.S.C. 

§636(b)(1) and Fed. R. Civ. P. 72(b)(3).

Based on that review, the Court agrees with the magistrate judge’s 

determination that this case should be dismissed without prejudice pursuant to 28 

U.S.C. §1915A(b)(1) based on Plaintiff’s failure to fully disclose his litigation 

history. The Court did not overlook Plaintiff’s belated efforts to disclose his 

litigation history, see Docs. 95, 97, but those efforts are too little too late. See Hood 

v. Tompkins, 197 F. App’x 818, 819 (11th Cir. 2006) (“[T]he district court was 

correct to conclude that to allow [the plaintiff] to then acknowledge what he should 

have disclosed earlier would serve to overlook his abuse of the judicial process.”); 

Case 5:20-cv-00080-TKW-MJF Document 103 Filed 07/25/22 Page 1 of 3
Page 2 of 3

Merritt v. Dep't of Corr., 2020 WL 6703794, at *1 (N.D. Fla. Nov. 13, 2020) 

(rejecting inmate’s argument that he should be allowed to amend his complaint to 

disclose his litigation history where his failure to do so was allegedly based on an 

“honest mistake” because that “would amount to no penalty ... and would not serve 

as a deterrent to Plaintiff and others from falsely answering the questions on the civil 

rights complaint form”). 

Accordingly, it is ORDERED that:

1. The magistrate judge’s Report and Recommendation is adopted and 

incorporated by reference in this Order.

2. Plaintiff’s motion to supplement the record (Doc. 95) and motion to 

reattach prior civil litigation history (Doc. 97) are DENIED.

3. Defendants’ motion to dismiss (Doc. 85) is GRANTED insofar as it 

sought dismissal of the third amended complaint based on Plaintiff’s failure to fully 

disclose his litigation history,1and this case is DISMISSED without prejudice on 

that basis under 28 U.S.C. §1915A(b)(1).

4. All other pending motions are DENIED as moot.

5. The Clerk shall enter judgment in accordance with this Order and close 

the case file.

1

 Based on this ruling, the Court need not consider the other arguments in the motion to 

dismiss.

Case 5:20-cv-00080-TKW-MJF Document 103 Filed 07/25/22 Page 2 of 3
Page 3 of 3

DONE and ORDERED this 25th day of July, 2022.

__________________________________

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

Case 5:20-cv-00080-TKW-MJF Document 103 Filed 07/25/22 Page 3 of 3
98-748.

#### Ferro Corp. v. Blaw-Knox Food & Chem. Equip. Co.

Cuyahoga App. Nos. 70804 and 70936. This cause is pending before the court on the certification of conflict by the Court of Appeals for Cuyahoga County. Upon consideration of the joint application for dismissal of the appeal,

IT IS ORDERED by the court that the application for dismissal be, and hereby is, granted.

ACCORDINGLY, IT IS FURTHER ORDERED by the court that this cause be, and hereby is, dismissed.
Case 7:20-cv-00035-MCR-GRJ Document 201 Filed 03/25/22 Page 1 of 5
Case 7:20-cv-00035-MCR-GRJ Document 201 Filed 03/25/22 Page 2 of 5
Case 7:20-cv-00035-MCR-GRJ Document 201 Filed 03/25/22 Page 3 of 5
Case 7:20-cv-00035-MCR-GRJ Document 201 Filed 03/25/22 Page 4 of 5
Case 7:20-cv-00035-MCR-GRJ Document 201 Filed 03/25/22 Page 5 of 5
98-1534.

#### State v. Butler.

Franklin App. No. 97APA10-1430. On review of order certifying a conflict. The court determines that a conflict exists; *sua sponte,*cause consolidated with 98-1431, *infra,*and held for the decision in 97- 1985, *State v. Cook,*Allen App. No. 1-97-21; briefing schedule stayed.
---

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

I, Roger Liere, Chief Executive Officer of Vitavea Inc. (the
Company), hereby certify pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of
my knowledge:

| | (i)  | the Quarterly Report on Form 10-QSB of the Company, for
      the fiscal quarter ended January 31, 2007, and to which this certification
      is attached as Exhibit 32.1 (the Report) fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
      1934, as amended; and
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                             
| | (ii) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                                                                            

| | By:    | /s/
      Roger Liere      
| | ------ | ---------------------------
| | Name:  | ROGER LIERE                
| | Title: | Chief Executive Officer and
| |        | President                  
| | Date:  | March 26, 2007             

A signed original of this written statement required by
Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the
Registrant and will be retained by the Registrant and furnished to the
Securities and Exchange Commission or its staff upon request.

This certification accompanies the Form 10-QSB to which it
relates, is not deemed filed with the Securities and Exchange Commission and is
not to be incorporated by reference into any filing of the Registrant under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of the Form 10-QSB), irrespective of any general
incorporation language contained in such filing.

---
Editorial Note on Part 2
Editorial Notes: 1. Nomenclature changes to part 2 appear at 83 FR 22178, May 14, 2018. 2. Nomenclature changes to part 2 appear at 83 FR 61310, Nov. 29, 2018 3. Nomenclature changes to part 2 appear at 85 FR 65504, Oct. 15, 2020. 4. Nomenclature changes to part 2 appear at 87 FR 44266, July 26, 2022.

Editorial Note on Subpart C of Part 2
Editorial Note: Nomenclature changes to subpart C of part 2 appear at 60 FR 66713, Dec. 26, 1995.

§ 2.26 Director, Office of the Executive Secretariat. ( a ) *Delegations.* The following delegations of authority are made by the Secretary to the Director, Office of the Executive Secretariat: ( 1 ) Exercise responsibility for all correspondence control and related records management functions for the Office of the Secretary;
( 2 ) Provide administrative, editorial, and project management support services to the immediate Office of the Secretary.
( b ) [Reserved]
[87 FR 44269, July 26, 2022]
Document No. 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

VS CASE NO. 3:94cr3012LAC

LEONARD BRADSHAW

Referred to Judge Lacey Collier on June 15, 2005

Motion/Pleadings: REQUEST FOR JOINER OF THE MOVANT’S CO-DEFENDANT’S

SUA SPONTE RECONSIDERATION MOTION, IN LIGHT OF THE DECISION OF

BOOKER, 543 U.S._____2005 and United States V Reese, 382 F. 3d 1308 pursuant to 18 U.S.C. 

3582, and 3553(a) and Federal Rule of Criminal Procedure 8(b) 

Filed by DEFENDANT, PRO SE on 6/6/05 Doc.# 728

RESPONSES:

BY GOVT on6/15/05 Doc.# 731

WILLIAM M. McCOOL, CLERK OF COURT

/s/ Mary Maloy-Wells

LC (1 OR 2) Deputy Clerk: Mary Maloy-Wells

ORDER

Upon consideration of the foregoing, it is ORDERED this 16th day of 

June, 2005, that:

(a) The relief requested is DENIED.

(b) The defendant is not entitled to resentencing as this Court lacks

jurisdiction to consider this successive post-conviction motion and the Supreme

Court’s decision in United States v Booker does not apply retroactively to cases

on collateral review. 

 s/L.A. Collier

LACEY A. COLLIER

United States District Judge

Entered On Docket: By: 

Rules 58 & 79(a) FRCP or 32(d)(1) & 55 FRCRP

Copies sent to:

Case 3:94-cr-03012-LC-MD Document 733 Filed 06/16/05 Page 1 of 1