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

No. 19

- 30632

UNITED STATES OF AMERICA , Plaintiff

- Appell ee

v. DONALD SAMPSON, also known as Yune Sampson , Defendant

- Appell ant

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:19

- CV

- 2368 USDC No. 2:14

- CR

- 184

- 1

Before HAYNES, GRAVES, and ENGELHARDT, Circuit Judges.
PER CURIAM: * Donald Sampson, federal prisoner # 73174

- 379, moves for a certificate of appealability (COA) to appeal the denial of his 28 U.S.C. § 2255 motion challenging his guilty plea conviction and sentence for conspiracy to possess
with intent to distribu te cocaine hydrochloride. He contends that (1) he received ineffective assistance of counsel when his trial counsel failed to move for a bill of particulars or object to the inclusion of certain prior state felony

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 June 2, 2020 Lyle W. Cayce Clerk Case: 19-30632 Document: 00515436956 Page: 1 Date Filed: 06/02/2020No. 19

- 30632

2 convictions in his criminal history compu tation , and (2) the district court erred by denying § 2255 relief without an evidentiary hearing. In addition, Sampson moves for leave to proceed in forma pauperis (IFP) on appeal and for the appointment of counsel in connection with his COA motion.
To o btain a COA to appeal the denial of § 2255 relief , Sampson must make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). To meet that burden, he must show that “reasonable jurists would find the district court’s asses sment of the constitutional claims debatable or wrong.” Slack v. McDaniel , 529 U.S. 473, 484 (2000). Sampson fails to make the requisite showing to obtain a COA , and his motion for a COA is accordingly denied. We construe Sampson’s motion for a COA with respect to the district court’s denial of an evidentiary hearing as a direct appeal of that issue, see Norman v. Stephens , 817 F.3d 226, 234 (5th Cir. 2016), and affirm

. Additionally, we deny Sampson’s motion to appoint counsel
in r elation to his COA motion. See Fifth Circuit Plan for Representation under the Criminal Justice Act, § 3(B). Finally, because a COA will not issue, we deny Sampson’s motion for leave to appeal IFP as moot

. MOTION FOR COA DENIED; JUDGMENT AFFIRMED; MOTIO N TO APPOINT COUNSEL DENIED; MOTION FOR LEAVE TO APPEAL IFP DENIED AS MOOT. Case: 19-30632 Document: 00515436956 Page: 2 Date Filed: 06/02/2020
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___________

No. 95-2489

___________

Bjorn Michael Rydder, *

 *

Appellee, *

 * Appeal from the United States

v. * District Court for the

 * Southern District of Iowa.

Susan Marie Rydder, *

 * [UNPUBLISHED]

Appellant. *

___________

 Submitted: March 6, 1996

 Filed: March 20, 1996

___________

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

Before the court is an appeal from the district court's award of

attorneys' fees occasioned by the first appeal in this case. See Rydder

v. Rydder, 49 F.3d 369 (1995). In that opinion, we noted that an award of

more than $10,000 for fees occasioned by the trial of the case would be

"clearly inappropriate" (see 42 U.S.C. § 11607(b)(3)) because of Mrs.

Rydder's "straitened financial circumstances." Because we see no evidence

in the record that Mrs. Rydder's financial circumstances have ameliorated,

we reverse the award of the district court and direct it to enter an

amended judgment awarding Mr. Rydder $10,000 in fees and expenses.
-2-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
<PAGE>

EXHIBIT 99.2

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

The undersigned hereby certify, pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 and in connection with this Quarterly Report on Form 10-Q, that:

         -        the report fully complies with the requirements of Sections
                  13(a) and 15(d) of the Securities and Exchange Act of 1934, as
                  amended, and

         -        the information contained in the report fairly presents, on
                  all material respects, the Corporation's financial condition
                  and results of operations.

/s/ Duane J. Costenbader
Duane J. Costenbader, Principal Financial Officer

Dated: May 12, 2003
§ 125.377 Fuel supply: Turbine-engine-powered airplanes other than turbopropeller. ( a ) Except as provided in paragraph (b) of this section, no person may release for flight or takeoff a turbine-powered airplane (other than a turbopropeller-powered airplane) unless, considering the wind and other weather conditions expected, it has enough fuel— ( 1 ) To fly to and land at the airport to which it is released;
( 2 ) Thereafter, to fly to and land at the most distant alternate airport specified in the flight release; and
( 3 ) Thereafter, to fly for 45 minutes at normal cruising fuel consumption.
( b ) For any operation outside the 48 conterminous United States and the District of Columbia, unless authorized by the Administrator in the operations specifications, no person may release for flight or take off a turbine-engine powered airplane (other than a turbopropeller-powered airplane) unless, considering wind and other weather conditions expected, it has enough fuel— ( 1 ) To fly and land at the airport to which it is released;
( 2 ) After that, to fly for a period of 10 percent of the total time required to fly from the airport of departure and land at the airport to which it was released;
( 3 ) After that, to fly to and land at the most distant alternate airport specified in the flight release, if an alternate is required; and
( 4 ) After that, to fly for 30 minutes at holding speed at 1,500 feet above the alternate airport (or the destination airport if no alternate is required) under standard temperature conditions.
( c ) No person may release a turbine-engine-powered airplane (other than a turbopropeller airplane) to an airport for which an alternate is not specified under § 125.367(b) unless it has enough fuel, considering wind and other weather conditions expected, to fly to that airport and thereafter to fly for at least 2 hours at normal cruising fuel consumption.
( d ) The Administrator may amend the operations specifications of a certificate holder to require more fuel than any of the minimums stated in paragraph (a) or (b) of this section if the Administrator finds that additional fuel is necessary on a particular route in the interest of safety.
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
FINANCIAL DATA SCHEDULE FOR QUARTER ENDING JUNE 30, 1999
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                         DEC-31-1999
<PERIOD-START>                            APR-01-1999
<PERIOD-END>                              JUN-30-1999
<CASH>                                      1,250,052
<SECURITIES>                                        0
<RECEIVABLES>                                   7,250
<ALLOWANCES>                                        0
<INVENTORY>                                         0
<CURRENT-ASSETS>                            1,316,574
<PP&E>                                        153,867
<DEPRECIATION>                                102,612
<TOTAL-ASSETS>                              1,367,829
<CURRENT-LIABILITIES>                         452,303
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                       76,821
<OTHER-SE>                                    838,705
<TOTAL-LIABILITY-AND-EQUITY>                1,367,829
<SALES>                                             0
<TOTAL-REVENUES>                              595,696
<CGS>                                               0
<TOTAL-COSTS>                                 523,250
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                              5,020
<INCOME-PRETAX>                                     0
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                           130,327
<DISCONTINUED>                                      0
<EXTRAORDINARY>                               110,245
<CHANGES>                                           0
<NET-INCOME>                                 $240,572
<EPS-BASIC>                                      0.08
<EPS-DILUTED>                                       0



</TABLE>
467970 © ~59 (In pocket)

GEOLOGICAL SURVEY

I9

Sec. 35, T.195., R. 65.
PUEBLO COUNTY

Shoren
Springs
member
of the
Pierre

40 mies
<Smies >

COLUMNAR SECTIONS OF LOWER PART OF PIERRE SHALE IN CHEYENNE,
KIOWA, CROWLEY. AND PUEBLO COUNTIES, COLORADO

See. 4,7. 225. 8.59. |
CROWLEY COUNTY

is)

Secs. 16, 17, T. 205., R. 56 TM,
CROWLEY COUNTY

16

Secs. 32, 33, T. 215, R. 59M.
CROWLEY COUNTY

Gilbert

zone_of

Coveres

Sec. 30, T. 205, R56 Wil
CROWLEY county |

vara, !

<Npmies > <20mies

oo3eu
o003eu =
au.

oozeu

Po.003eu
oozu

—2vemies >

|
41

somes

i 13 |

Sec. 26, T. 185. R.52.W.
JKiOwA COUNTY 2
2 ?

ff

12

Covered

<8 rles

8,T. 18S, R52W.
KIOWA COUNTY

BULLETIN 1046 PLATE 36

EXPLANATION

Sondstone

Coleareaus shale
Shole

Limestone
Sondy shole

Sandy shote with
won carbonate

Bentonitic cloy

Limestone septarion

Limestone concretions

Cloystone concretions
Iron carbonate
concretions

Clay shale ond
Selenite concretion

Shole concretion with
cone-in-cone crust

0 002¢U)-Equivatent uromum content (percent)
002U-Urenium content Yoercentl

10— Locotity number

See figure 27

flO Feet
Sec. 9, T. 15'S. R46 H.
5 CHEYENNE COUNTY
=a

Vertical scale

Sec. 34, T. 16., R. 45 W.
CHEYENNE COUNTY

Covered

Covered
interval
oppreximote

<4 ries Homies
<PAGE>

                                                                    EXHIBIT 99.1


                            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 Blue Valley Ban Corp (the
"Company") on Form 10-K for the year ended December 31, 2002, as filed with the
United States Securities and Exchange Commission on the date hereof (the
"Report"), I, Robert D. Regnier, President and Chief Executive 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, 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
Company.


                                           /s/ Robert D. Regnier
                                           ---------------------
                                           Robert D. Regnier,
                                           President and Chief Executive Officer

March 26, 2003
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998             DEC-31-1998
<PERIOD-START>                             JAN-01-1998             JUL-01-1998
<PERIOD-END>                               SEP-30-1998             SEP-30-1998
<CASH>                                         326,587                       0
<SECURITIES>                                 2,677,634                       0
<RECEIVABLES>                                2,619,295                       0
<ALLOWANCES>                                   107,233                       0
<INVENTORY>                                     48,869                       0
<CURRENT-ASSETS>                             6,072,662                       0
<PP&E>                                       1,143,267                       0
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                              18,978,746                       0
<CURRENT-LIABILITIES>                        3,245,622                       0
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                       722,859                       0
<OTHER-SE>                                  12,001,852                       0
<TOTAL-LIABILITY-AND-EQUITY>                18,978,746                       0
<SALES>                                     10,954,569               3,052,284
<TOTAL-REVENUES>                            10,954,569               3,052,284
<CGS>                                        1,774,814                 274,277
<TOTAL-COSTS>                               12,948,782               4,940,197
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              63,090                  27,228
<INCOME-PRETAX>                              (217,242)               (428,316)
<INCOME-TAX>                                  (69,141)               (140,143)
<INCOME-CONTINUING>                          (148,101)               (288,173)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 (148,101)               (288,173)
<EPS-PRIMARY>                                    (.02)                   (.04)
<EPS-DILUTED>                                    (.02)                   (.04)
        

</TABLE>
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 NT Holding Corp. on Form 10-QSB for
the period ending June 30, 2007 as filed with the Securities and Exchange
Commission on the date hereof, I, Alan Lew, Chief Executive 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:

1.    The Report 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/ Alan Lew
-------------------------------
Alan Lew
Chief Executive Officer
```

To the Board of Directors
BIFS Technologies Corporation
Sarasota, Florida

                          Independent Auditors' Report
                          ----------------------------

We have audited the accompanying consolidated balance sheet of BIFS Technologies
Corporation as of December 31, 2001, and the related consolidated statements of
operations, changes in stockholders' equity and cash flows for the years ended
December 31, 2001 and 2000. These financial statements are the responsibility of
the Company's management. Our responsibility is to express an opinion on these
financial statements based on our audits.

We conducted our audit in accordance with auditing standards generally accepted
in the United States of America. Those standards require that we plan and
perform the audit to obtain reasonable assurance about whether the financial
statements are free of material misstatement. An audit includes examining, on a
test basis, evidence supporting the amounts and disclosures in the financial
statements. An audit also includes assessing the accounting principles used and
significant estimates made by management, as well as evaluating the overall
financial statement presentation. We believe that our audit provides a
reasonable basis for our opinion.

In our opinion, the consolidated financial statements referred to above present
fairly, in all material respects, the financial position of BIFS Technologies
Corporation as of December 31, 2001, and the results of its operations, changes
in stockholders' equity (deficit) and cash flows for the years ended December
31, 2001 and 2000, in conformity with accounting principles generally accepted
in the United States of America.

The accompanying financial statements have been prepared assuming the Company
will continue as a going concern. As shown in the accompanying financial
statements, the Company incurred net losses of $4,625,351 and $3,025,145 for
2001 and 2000. At December 31, 2001, current liabilities exceed current assets
by $656,951 and total liabilities exceed total assets by $1,248,940. These
factors and others discussed in Note I raise substantial doubt about the
Company's ability to continue as a going concern. The financial statements do
not include any adjustments relating to the recoverability and classification of
recorded assets or the amounts and classification of liabilities that might be
necessary in the event the Company cannot continue in existence.

/s/ B2d semago

CERTIFIED PUBLIC ACCOUNTANTS
Tampa, Florida
April 11, 2002
```
Editorial Note on Part 139
Editorial Note: Nomenclature changes to part 139 appear at 69 FR 24069, May 3, 2004.

§ 139.309 Safety areas. ( a ) In a manner authorized by the Administrator, each certificate holder must provide and maintain, for each runway and taxiway that is available for air carrier use, a safety area of at least the dimensions that— ( 1 ) Existed on December 31, 1987, if the runway or taxiway had a safety area on December 31, 1987, and if no reconstruction or significant expansion of the runway or taxiway was begun on or after January 1, 1988; or
( 2 ) Are authorized by the Administrator at the time the construction, reconstruction, or expansion began if construction, reconstruction, or significant expansion of the runway or taxiway began on or after January 1, 1988.
( b ) Each certificate holder must maintain its safety areas as follows: ( 1 ) Each safety area must be cleared and graded and have no potentially hazardous ruts, humps, depressions, or other surface variations.
( 2 ) Each safety area must be drained by grading or storm sewers to prevent water accumulation.
( 3 ) Each safety area must be capable under dry conditions of supporting snow removal and aircraft rescue and firefighting equipment and of supporting the occasional passage of aircraft without causing major damage to the aircraft.
( 4 ) No objects may be located in any safety area, except for objects that need to be located in a safety area because of their function. These objects must be constructed, to the extent practical, on frangibly mounted structures of the lowest practical height, with the frangible point no higher than 3 inches above grade.
( c ) FAA Advisory Circulars contain methods and procedures for the configuration and maintenance of safety areas acceptable to the Administrator.
Editorial Note on Part 725
Editorial Note: Nomenclature changes to part 725 appear at 84 FR 1608, Feb. 5, 2019.

§ 725.6 Termination of membership. ( a ) A member of the Facility whose stock subscription constitutes less than 5 percent of total subscribed Facility stock may withdraw from membership in the Facility six months after notifying the NCUA Board in writing of its intention to do so.
( b ) A member of the Facility whose stock subscription constitutes 5 percent or more of total subscribed Facility stock may withdraw from membership in the Facility twenty-four months after notifying the NCUA Board in writing of its intention to do so.
( c ) The NCUA Board may terminate membership in the Facility if, after the opportunity for a hearing, the NCUA Board determines the member has failed to comply with any provision of the National Credit Union Central Liquidity Facility Act or any regulation issued pursuant thereto. If membership is terminated under this subsection, the credit union will be required to obtain the approval of the NCUA Board before becoming a member of the Facility again. Such approval will be granted only if the NCUA Board is satisfied that the credit union will comply with such Act and regulations.
( d ) ( 1 ) If membership is terminated under any provision of this section, the terminated member's stock shall be redeemed upon termination. In such event, the Facility may retain any amount owed to the Facility by the member.
( 2 ) When a member natural person credit union withdraws from membership in a corporate credit union which is an Agent or a member of an Agent group, the stock subscription of the Agent, or in the case of an Agent group, the stock subscription of the Agent group representative, will be adjusted after the waiting period which would apply under paragraph (a) or (b) of this section if the withdrawing credit union were a member of the Facility.
[44 FR 49437, Aug. 23, 1979]
Exhibit
32.1




CERTIFICATION
PURSUANT TO


18
U.S.C. § 1350, AS ADOPTED PURSUANT TO


§
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the filing with the Securities and Exchange Commission of the
Quarterly Report of Lakeland Industries, Inc. (the “Company”) on Form 10-Q for
the period ending July 31, 2009 (the “Report”), I, Christopher J. Ryan, Chief
Executive Officer, President, Secretary and General Counsel of the Company,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:





(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.





September
      9, 2009
              /s/Christopher J. RyanChristopher
      J. RyanChief
      Executive Officer, President,Secretary
      and General Counsel