alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

The Honorable Howard F. Sachs, United States District Judge for the Western

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 10-3283

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

 v. * District Court for the 

* Western District of Missouri.

John H. Lauth, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: June 13, 2011

Filed: June 17, 2011

___________

Before RILEY, Chief Judge, BYE and MELLOY, Circuit Judges.

___________

PER CURIAM.

After pleading guilty to being a felon in possession of a firearm, in violation of

18 U.S.C. § 922(g)(1), John H. Lauth was sentenced to 188 months imprisonment and

3 years supervised release. In sentencing Lauth, the district court1

 applied the

provisions of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1), which

provides enhanced criminal penalties in cases where defendants “[have] three previous

convictions . . . for a violent felony or a serious drug offense, or both, committed on
-2-

occasions different from one another.” The district court counted certain violent felony

offenses, charged and sentenced in the same case, but taking place on three different

dates over a six-week period, as distinct occasions for the purpose of meeting the

ACCA’s three-conviction requirement. 

Lauth appeals his sentence, arguing the offenses should be “construed as a single

criminal episode for [ACCA] purposes.” But Lauth acknowledges his argument “is

contrary to this Court’s precedent.” See, e.g., United States v. Van, 543 F.3d 963, 966

(8th Cir. 2008) (“We have repeatedly held that convictions for separate drug

transactions on separate days are multiple ACCA predicate offenses, even if the

transactions were sales to the same victim or informant.”); United States v. Long, 320

F.3d 795, 802 (8th Cir. 2003) (reversing a sentence which did not impose the ACCA

enhancement because the district court erred by concluding “three violations merged

into just one because the convictions occurred in the same proceeding and because [the

defendant] received a single sentence that accounted for all three convictions”); United

States v. Rush, 840 F.2d 580, 581-82 (8th Cir. 1988) (holding robberies were separate

offenses for ACCA purposes because they occurred on different dates). Because

“[t]his panel is bound by Eighth Circuit precedent, and cannot overrule an earlier

decision by another panel,” United States v. Lovelace, 565 F.3d 1080, 1085 (8th Cir.

2009) (quoting Passmore v. Astrue, 533 F.3d 658, 660 (8th Cir. 2008)), we must reject

Lauth’s invitation to revisit the issue.

Accordingly, we affirm.

______________________________
#### The Southern Connecticut Cas Company *v.*Public Utilities Commission

Decided November 13, 1969

Pursuant to Practice Book § 762, as amended effective July 1, 1969, it is ordered that the parties appear on December 2, 1969, at 10 a.m. for hearing on the matters embraced within the purported appeal dated October 31,1969.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF SHERIDAN HEALTHCARE, INC. FOR THE YEAR ENDED
DECEMBER 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   DEC-31-1998
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  30,646
<ALLOWANCES>                                   2,346
<INVENTORY>                                    0
<CURRENT-ASSETS>                               33,815
<PP&E>                                         7,183
<DEPRECIATION>                                 3,142
<TOTAL-ASSETS>                                 139,810
<CURRENT-LIABILITIES>                          12,736
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       78
<OTHER-SE>                                     67,469
<TOTAL-LIABILITY-AND-EQUITY>                   139,810
<SALES>                                        0
<TOTAL-REVENUES>                               112,990
<CGS>                                          0
<TOTAL-COSTS>                                  76,350
<OTHER-EXPENSES>                               16,278
<LOSS-PROVISION>                               5,592
<INTEREST-EXPENSE>                             3,955
<INCOME-PRETAX>                                11,443
<INCOME-TAX>                                   5,070
<INCOME-CONTINUING>                            6,373
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   6,373
<EPS-PRIMARY>                                  0.80
<EPS-DILUTED>                                  0.78
        


</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 on Form 10-KSB ("Form 10-KSB") of Smart-tek

Solutions, Inc. (the "Company") for the annual period ended June 30,2005 as filed with

the Securities and Exchange Commission on the date hereof, I, Joseph C Sienkiewicz, 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 Form 10-KSB 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 Form 10-KSB fairly presents, in all

material respects, the financial condition and results of operations

of the Company.



/s/ Joseph C Sienkiewicz

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

Joseph C Sienkiewicz

Chief Financial Officer

October xx, 2005
**Exhibit 32.1**

SECTION 1350CERTIFICATION 

        Inconnection with the accompanying Quarterly Report on Form 10-Q/A of Penn TreatyAmerican Corporation (the “Company”) for the period ended June 30, 2004 as filedwith the Securities and Exchange Commission, I, William W. Hunt, President and ChiefExecutive Officer of the Company, certify pursuant to 18 U.S.C. Section §1350,as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002 that to the best of myknowledge:
# C_2014212EN.01003901.xml

| 7.7.2014 | EN | Official Journal of the European Union | C 212/39 |
| --- | --- | --- | --- |

7.7.2014

EN

Official Journal of the European Union

C 212/39

---

Action brought on 12 May 2014 — Volkswagen v OHIM (STREET)

(Case T-321/14)

2014/C 212/51

Language of the case: German

Parties

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by U. Sander, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 March 2014 in Case R 2025/2013-1; |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 March 2014 in Case R 2025/2013-1;

| — | Order the defendant to pay the costs. |
| --- | --- |

—

Order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘STREET’ for goods in Classes 12, 28 and 35

Community trade mark concerned:

Decision of the Examiner: the application was rejected

Decision of the Examiner:

Decision of the Board of Appeal: the appeal was dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(c) of Regulation No 207/2009

Pleas in law:

---
Exhibit 32.1

CERTIFICATION PURSUANT TO
SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as
Chief Executive Officer of The Timberland Company (the "Company"), does hereby certify that to the undersigned's knowledge:



| |  |  | /s/JEFFREY B. SWARTZJeffrey B. Swartz
Chief Executive Officer
| |  |  | -------------------------------------------------------------

Date:
November 10, 2004

The
foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of
Title 18, United States Code) and is not being filed as part of the Form 10-Q or as a separate disclosure document.

A
signed original of this written statement, required by Section 906, has been provided to The Timberland Company and will be retained by The Timberland Company and furnished to the Securities
and Exchange Commission or its staff upon request.

---



QuickLinks
CONSENT OF ACCOUNTANT

      The undersigned consents to the inclusion of his audit report dated
December 26, 2001 on the financial statements of First India Diversified
Holdings, Inc. as of September 30, 2001 and September 30, 2000 and for the years
then ended in the Registrant's Annual Report on Form 10-K for the year ended
September 30, 2001.

                                                     /s/ Aaron Stein
                                                     ---------------------------
                                                     Aaron Stein
                                                     Certified Public Accountant

Woodmere, New York
December 27, 2001
Editorial Note on Part 868
Editorial Note: Nomenclature changes to part 868 appear at 73 FR 35341, June 23, 2008.

§ 868.5780 Tube introduction forceps. ( a ) *Identification.* Tube introduction forceps (e.g., Magill forceps) are a right-angled device used to grasp a tracheal tube and place it in a patient's trachea.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 868.9.
[47 FR 31142, July 16, 1982, as amended at 61 FR 1120, Jan. 16, 1996; 66 FR 38795, July 25, 2001]
| (logo) CWCapital

      ASSET MANAGEMENT

  |
|--------------------------------------------------------------------------------|

 

 

Annual Statement as to Compliance

For the Period of January 1, 2015 to December 31, 2015

 

 

WFCM 2015-C30

 

 

In accordance with Item 1123 of Regulation AB and with the requirements detailed in §11.12 of the Pooling and Servicing Agreement (the “Agreement”) for the above-mentioned CMBS pool, (the “CMBS Pool”), CWCapital Asset Management LLC (“CWCAM”), in its capacity as Special Servicer, is providing this Officer’s Certificate with respect to the following:

 

(A) a review of CWCAM’s activities during the preceding calendar year or portion thereof (the “Reporting Period”) and of CWCAM’s performance under the Agreement has been made under such officer’s supervision and;

 

(B) to the best of such officer’s knowledge, based on such review, CWCAM has fulfilled all its obligations under the Agreement in all material respects throughout the Reporting Period.

 

Should you have any questions, please do not hesitate to contact us.

 

Sincerely,

CWCapital Asset Management LLC

 

/s/ David B Innarone

David B. Iannarone

President

 

 

7501 Wisconsin Avenue, Suite 500 West, Bethesda, MD 20814

www.cwcapital.com
# C_2021252EN.01003502.xml

| 28.6.2021 | EN | Official Journal of the European Union | C 252/35 |
| --- | --- | --- | --- |

28.6.2021

EN

Official Journal of the European Union

C 252/35

---

Order of the General Court of 5 May 2021 — Vassiliou v Commission and ECB

(Case T-151/14) (1)

(2021/C 252/48)

Language of the case: English

The President of the First Chamber, Extended Composition has ordered that the case be removed from the register.

---

(1)  OJ C 159, 26.5.2014.

---
axdx_ex10134.htm

EXHIBIT 10.13.4

 

AMENDMENT

TO

12% REVOLVING LINE OF CREDIT PROMISSOPRY NOTE DUE 2016

 

OF

 

CO-DIAGNOSTICS, INC.

 

Original Principal Amount: $100,000

Original Issuance Date: March 1, 2016 

 

Whereas, THIS AMENDMENT TO THE 12% PROMISSORY NOTE dated March 1, 2016 as amended (the “Note”) is entered into, by and between Co-Diagnostics, Inc., a Utah corporation (the “Company”) and Legends Capital Group, LLC (“Holder”);

 

Now therefore, the Note is hereby amended as follows:

 

The Maturity Date shall be September 30, 2017.

 

The Holder agrees that in the event the Company is able to file a Registration Statement for an Initial Public Offering on or before December 31, 2016, the Holder agrees to include the Note principal and accrued interest outstanding on the filing date with the Registration Statement and to convert all of the Note principal and accrued interest to Company common stock.  


The “Conversion Price” means shall be the same as the anticipated Bridge Financing to be provided by Alexander Capital, LP, as reflected in the Registration Statement.

 

All other terms and conditions of the Note, as amended, shall continue in full force and effect. 

 

IN WITNESS WHEREOF, the Parties have amended the Note effective as of September 14, 2016.

 

 


	
CO-DIAGNOSTICS, INC.
	
 
	
LEGENDS CAPITAL GROUP, LLC

	
 
	
 
	
 

	
By: /s/ Dwight Egan 
	
 
	
By: /s/ Jason Briggs

	
Dwight H. Egan, 
	
 
	
 

	
President & CEO
	
 
	
Its: Manager
Exhibit 32.2

     CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the filing of the Quarterly Report on Form 10-QSB
for the Quarter Ended September 31, 2003 (the "Report"), by GVC Venture Corp.
(the "Registrant"), the undersigned hereby certifies that, to the best of his
knowledge:

1.       The Report fully complies with the requirements of Section 13(a) or
         15(d) of the Securities Exchange Act of 1934, as amended, as
         applicable; 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/ Marc Hanover
                                           -------------------------------------
                                           Marc Hanover
                                           Vice President, Finance and Treasurer
                                           (Principal Financial Officer and
                                           Principal Accounting Officer)

                                           December 8, 2003

A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 HAS BEEN
PROVIDED TO GVC VENTURE CORP. AND WILL BE RETAINED BY GVC VENTURE CORP., AND
FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.


                                       13
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          FEB-28-1998
<PERIOD-START>                             MAR-01-1997
<PERIOD-END>                               NOV-30-1997
<CASH>                                           5,763
<SECURITIES>                                         0
<RECEIVABLES>                                    5,702
<ALLOWANCES>                                         0
<INVENTORY>                                    213,843
<CURRENT-ASSETS>                                12,824
<PP&E>                                          12,884
<DEPRECIATION>                                   4,688
<TOTAL-ASSETS>                                 247,078
<CURRENT-LIABILITIES>                           17,188
<BONDS>                                        100,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,500
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   247,070
<SALES>                                        128,792
<TOTAL-REVENUES>                               128,792
<CGS>                                          107,837
<TOTAL-COSTS>                                  124,900
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 8,000
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (3,581)
<INCOME-TAX>                                     (895)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,686)
<EPS-PRIMARY>                                    (.18)
<EPS-DILUTED>                                    (.18)
        


</TABLE>
**Exhibit 32**

 

**CERTIFICATION**

 
| The undersigned certify  pursuant to 18 U.S.C. § 1350, that: |   |   |
|-------------------------------------------------------------------|--------|--------|

 
| (1)    | The accompanying Quarterly Report on Form 10-Q for the period  ended January 31, 2008 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 accompanying Report fairly presents,  in all material respects, the financial condition and results of operations  of the Company.                                                         |

 
| Date:  | March 17, 2008 |                         | /s/ Rodney A. Young |
|--------|---------------------|------------------------------|---------------------|
|   |                | President and                |
|   |                | Chief Executive Officer      |
|   |                |                         |
|   |                |                         |
| Date:  | March 17, 2008 |                         | /s/ Brian J. Smrdel |
|   |                | Controller                   |
|   |                | Principal Accounting Officer |

 

----
Editorial Note on Part 870
Editorial Note: Nomenclature changes to part 870 appear at 73 FR 35341, June 23, 2008.

§ 870.3620 Pacemaker lead adaptor. ( a ) *Identification.* A pacemaker lead adaptor is a device used to adapt a pacemaker lead so that it can be connected to a pacemaker pulse generator produced by a different manufacturer.
( b ) *Classification.* Class II (special controls). The special control for this device is the FDA guidance document entitled “Guidance for the Submission of Research and Marketing Applications for Permanent Pacemaker Leads and for Pacemaker Lead Adaptor 510(k) Submissions.”
[45 FR 7907, Feb. 5, 1980, as amended at 52 FR 17736, May 11, 1987; 66 FR 18542, Apr. 10, 2001]
W i l l L e e C o o k O g l e
L a S a l l e R o c k

I ro q u o i s L i v i n g s t o n L a k e K a n e

F o rd L a k e D e K a l b

J a s p e r B e r r i e n L a P o rt e M c H e n ry

K a n k a ke e P o r t e r J e f f e rs o n

E l k h a r t Wa l w o rt h Wa u k e s h a

P u l a s k i G r u n d y Ko s c i u s k o M a rs h a l l N ewt o n R a c i n e W i n n e b a g o

S t a r k e S t . J o s e p h B o o n e
K e n d a l l D u P a g e K e n o s h a M i l w a u k e e

E s r i , H E R E , D e L o r m e , M a p m y I n d i a , © O p e n S t re e t M a p co n t r i b u t o rs , a n d t h e G I S u s e r c o m m u n i ty 

### J e f f J u d y c k i P e rc e p t i o n I m a g e ry I n c . 0 8 /0 8 /2 0 1 5 E x e m p t i o n R e q u e s t : N o . F AA - 2 0 1 5 - 1 7 6 4 E x h b i t 1 E x e m p t i o n R e q u e s t A re a 0 2 0 4 0 6 0 8 0 1 0 M i l e s 

#  ̄
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMO POWER
CORPORATION'S QUARTERLY REPORT ON FORM 10-Q FOR THE PERIOD ENDED DECEMBER 28,
1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-27-1997
<PERIOD-END>                               DEC-28-1996
<CASH>                                          29,664
<SECURITIES>                                     5,070
<RECEIVABLES>                                   19,029
<ALLOWANCES>                                       589
<INVENTORY>                                     16,628
<CURRENT-ASSETS>                                81,662
<PP&E>                                          18,336
<DEPRECIATION>                                   8,174
<TOTAL-ASSETS>                                 109,340
<CURRENT-LIABILITIES>                           23,669
<BONDS>                                            291
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,249
<OTHER-SE>                                      66,192
<TOTAL-LIABILITY-AND-EQUITY>                   109,340
<SALES>                                         28,786
<TOTAL-REVENUES>                                28,786
<CGS>                                           24,533
<TOTAL-COSTS>                                   24,533
<OTHER-EXPENSES>                                   644
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   5
<INCOME-PRETAX>                                    197
<INCOME-TAX>                                       193
<INCOME-CONTINUING>                                  4
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<CHANGES>                                            0
<NET-INCOME>                                         4
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>