alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

LUIS AMAYA,

 Appellant,

v.

THE STATE OF TEXAS,

 Appellee.

§

§

§

§

§

§ 

No. 08-11-00265-CR

Appeal from the

Criminal District Court No. 1

of El Paso County, Texas

(TC#20110D01529)

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the 

judgment. We therefore affirm the judgment of the court below. This decision shall be certified 

below for observance.

IT IS SO ORDERED THIS 9TH DAY OF OCTOBER, 2013.

GUADALUPE RIVERA, Justice

Before McClure, C.J., Rivera, and Rodriguez, JJ.
<PAGE>   1
                                                                    Exhibit 23.2

   
    


The Board of Directors
Cityscape Financial Corp.:

   
We consent to incorporation by reference in the registration statement (No.
333-1348) on Form S-8 of our report dated March 27, 1996, which report makes
reference to the report of other auditors, relating to the consolidated
statements of financial condition of Cityscape Financial Corp. and Subsidiary
as of December 31, 1995 and 1994 and the related statements of operations,
stockholders' equity, and cash flows for the years ended December 31, 1995 and
1994, which report appears in the December 31, 1995 annual report on Form 10-K/A
of Cityscape Financial Corp.
    

   
KPMG Peat Marwick LLP
    

   
New York, New York
January 29, 1997
No. 11-5616.

#### Williams *v.*Thompson, Warden, et al.

C. A. 4th Cir. Certiorari denied.
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

FEB 11, 2009

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 08-14378

Non-Argument Calendar

________________________

D. C. Docket No. 97-00251-CR-CB

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

BARRY LEON ARDLEY,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Alabama

_________________________

(February 11, 2009)

Before DUBINA, CARNES and PRYOR, Circuit Judges.

PER CURIAM:

Barry Leon Ardley, a federal prisoner convicted of crack cocaine offenses,

appeals the district court’s reduction of his sentences under Amendment 706
and 18 U.S.C. § 3582(c)(2). Ardley contends that the district court erroneously

failed to apply United States v. Booker, 543 U.S. 220, 125 S. Ct. 738 (2005), at his

resentencing.

We review de novo a district court’s conclusions about the scope of its

authority to reduce a sentence under 18 U.S.C. § 3582(c)(2). United States v.

Jones, 548 F.3d 1366, 1368 (11th Cir. 2008).

In this case, Ardley’s original offense level was 38 and his criminal history

category was I, giving him a guidelines range of 235 to 293 months. He was

sentenced to 293 months. After Amendment 706 became retroactive, Ardley’s

offense level dropped to 36 and his guidelines range became 188 to 235 months.

In resentencing Ardley under § 3582(c)(2), the district court noted that “[i]mposing

a similar high-end sentence under the revised guidelines would result in a sentence

of 235 months.” Without elaboration the district court then stated its intention to

resentence Ardley to 235 months. Ardley objected because he wanted a sentence

below the amended guidelines range, and he argued that under Booker the court

had the authority to give him such a sentence. Ardley asked the district court to

apply Booker, or at least to clarify whether it believed that Booker applied and if

not, to state why not. The district court did not respond to that request, but instead

entered its order sentencing Ardley to 235 months. Therefore, it is not entirely

2
clear whether the district court believed that it could use Booker to deviate below

the amended guidelines range and simply declined to, or whether the district court

believed that Booker was entirely inapplicable to resentencings under § 3582(c)(2).

Ardley asks us to presume that the district court believed that Booker was

inapplicable.

Ardley argues only that the district court erred in failing to apply Booker at

his § 3582(c) resentencing. Recently this circuit joined the Eighth, Fourth, and

Tenth Circuits in holding that Booker does not apply at resentencing proceedings

under § 3582(c)(2). United States v. Melvin, __ F.3d __, No. 08-13497 (Feb. 3,

2009); see also United States v. Starks, __ F.3d __, No. 08-2590, 2009 WL 66115

(8th Cir. Jan. 13, 2009); United States v. Dunphy, __ F.3d __, No. 08-6919, 2009

WL 19139 (4th Cir. Jan. 5, 2009); United States v. Rhodes, 549 F.3d 833 (10th

Cir. 2008). There was no error at the resentencing.

AFFIRMED.

3
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Statement of Financial Condition at June 30, 2000 (Unaudited) and
the Consolidated Statement of Income for the six months ended June 30, 2000
(Unaudited) and is qualified in its entirety by reference to such financial
statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                         316,257
<SECURITIES>                                         0
<RECEIVABLES>                                   34,115
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               394,032
<PP&E>                                         732,664
<DEPRECIATION>                                  98,651
<TOTAL-ASSETS>                               2,756,920
<CURRENT-LIABILITIES>                        1,130,007
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,453,166
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 2,756,920
<SALES>                                        355,451
<TOTAL-REVENUES>                               355,451
<CGS>                                          136,297
<TOTAL-COSTS>                                3,000,808
<OTHER-EXPENSES>                               206,030
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              25,412
<INCOME-PRETAX>                            (2,716,866)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,716,866)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,716,866)
<EPS-BASIC>                                     (0.29)
<EPS-DILUTED>                                   (0.29)


</TABLE>
§ 95.335 Operation of non-certified transmitters prohibited. Except as provided in paragraph (a) of this section, no person shall operate a transmitter in any Personal Radio Service unless it is a certified transmitter; that is, a transmitter of a type which has obtained a grant of equipment certification for that service, pursuant to part 2, subpart J of this chapter. Use of a transmitter that is not FCC-certified voids the user's authority to operate that station. *See* sections 302(a), (b), and (e) of the Communications Act (47 U.S.C. 302(a), (b), and (e)). ( a ) *Exceptions.* Under certain exceptions, non-certified Personal Radio Service transmitters, or transmitters certified for use in the land mobile radio services may be operated. Any such exceptions applicable to stations in a Personal Radio Service are set forth in the subpart governing that specific service. *See e.g.,* §§ 95.735 and 95.1735.
( b ) *Revoked or withdrawn certification.* In the event that the FCC revokes or withdraws a grant of equipment certification for a type of Personal Radio Service transmitter, existing transmitters already in service may continue to be operated unless and until the FCC determines otherwise and gives Public Notice of that decision.
( c ) *Grantee permissible modifications.* Only the grantee of the equipment certification may modify the design of a certified Personal Radio Service transmitter type, and then only pursuant to and in full compliance with the requirements and procedures for permissible changes and modifications in part 2 of this chapter. *See* §§ 2.932 and 2.1043 of this chapter.
H. R. 4635

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To extend the Export Administration Act of 1979.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That section

20 of the Export Administration Act of 1979 (50 U.S.C. App. 2419)

is amended by striking ‘‘June 30, 1994’’ and inserting ‘‘August

20, 1994’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
No. 11-6163.

#### Choup *v.*United States.

C. A. 3d Cir. Certiorari denied.
No. 11-5712.

#### Angelos *v.*United States.

C. A. 10th Cir. Certiorari denied.
§ 90.647 Station identification. ( a ) Conventional systems of communication shall be identified in accordance with existing regulations governing such matters.
( b ) Trunked systems of communication, except as noted in paragraph (c) of this section, shall be identified through the use of an automatic device which transmits the call sign of the base station facility at 30 minute intervals. Such station identification shall be made on the lowest frequency in the base station trunk group assigned the licensee. Should this frequency be in use at the time station identification is required, such identification may be made at the termination of the communication in progress on this frequency. Identification may be made by voice or International Morse Code. When the call sign is transmitted in International Morse Code, it must be at a rate of between 15 to 20 words per minute and by means of tone modulation of the transmitter, the tone frequency being between 800 and 1000 hertz.
( c ) Stations operating in either the 806-824/851-869 MHz or 896-901/935-940 MHz bands that are licensed on an exclusive basis, and normally employ digital signals for the transmission of data, text, control codes, or digitized voice may also be identified by digital transmission of the call sign. A licensee that identifies its station in this manner must provide the Commission, upon its request, information sufficient to decode the digital transmission and ascertain the call sign transmitted.
( d ) Notwithstanding the requirements set forth in this paragraph, systems operated by geographic area CMRS licensees are subject only to the station identification requirements of § 90.425(e).
[47 FR 41032, Sept. 16, 1982, as amended at 58 FR 12177, Mar. 3, 1993; 65 FR 24420, Apr. 26, 2000]
Arthur

Brule

Ogallala

Paxton

Sutherland North Platte

Brady

20

19

18

17

16

15

14

13

12

41 40 39 38 37 36 35

34 33 32 31 30 29 28

27

26

Well Drilling Suspensions & Stays

on Irrigated Acres

within the

Twin Platte Natural Resources District

Legend

Affected area within the TPNRD

Major Highway
No. 11-9755.

#### Osuna-Armenta *v.*United States.

C. A. 9th Cir. Certiorari denied.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Nuclear Regulatory Commission

The Advisory Committee on Nuclear Waste (ACNW) will hold a Planning and Procedures meeting on September 18, 2006, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance, with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to internal personnel rules and practices of ACNW, and information the release of which would constitute a clearly unwarranted invasion of personal privacy.

The agenda for the subject meeting shall be as follows:

## Monday, September 18, 2006—8:30 a.m.-9:30 a.m.

The Committee will discuss proposed ACNW activities and related matters. The purpose of this meeting is to gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee.

Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Mr. Antonio F. Dias (Telephone: 301/415-6805) between 8:15 a.m. and 5 p.m. (ET) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public.

Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 8:15 a.m. and 5:00 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes in the agenda.

Dated: August 31, 2006.

Michael R. Snodderly,

Branch Chief, ACRS/ACNW.

[FR Doc. 06-7504 Filed 9-5-06; 10:18 am]

BILLING CODE 7590-01-P
**EXHIBIT 31.1**

**CERTIFICATION**

I, Peter van Stolk, certify that: 

1. I have reviewed this quarterly report on Form 10-Q of Jones Soda Co. 

2. Based on my knowledge, this report does not contain any untruestatement 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 financialcondition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report. 

4. The registrant’s othercertifying officers 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 controls over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and have: 

a. designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during theperiod in which this report is being prepared; 

b. designed such internal control over financial reporting, or caused such internal controlover financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally acceptedaccounting principles; 

c. evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in thisreport 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 

d. 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 that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financial reporting. 

5. The registrant’s other certifyingofficers 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 (or persons performing equivalentfunctions): 

a. all significant deficiencies and material weaknesses in the design or operation of internal controls over financialreporting 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. 

Dated as of May 10, 2007.
EXHIBIT 32

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER 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 on Form 10-Q of I/OMagic
Corporation (the "Company") for the period ended September 30, 2005 (the
"Report"), the undersigned hereby certify in their capacities as Chief Executive
Officer and Chief Financial Officer of the Company, respectively, 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.


Dated:     November  11,  2005          By:     /s/  Tony  Shahbaz
                                                ------------------
                                                Tony  Shahbaz,
                                                Chief  Executive  Officer



Dated:     November  11,  2005          By:     /s/  Steve  Gillings
                                                --------------------
                                                Steve  Gillings,
                                                Chief  Financial  Officer


A  signed original of these written statements required by Section 906, or other
document  authenticating,  acknowledging,  or  otherwise adopting the signatures
that  appear  typed form within the electronic version of this written statement
required  by  Section 906, 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.
<TABLE> <S> <C>

<ARTICLE> 9 <LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM REPUBLIC
BANCSHARES' CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATION
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          45,998
<INT-BEARING-DEPOSITS>                             671
<FED-FUNDS-SOLD>                                33,000
<TRADING-ASSETS>                                37,046
<INVESTMENTS-HELD-FOR-SALE>                     71,547
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                      1,301,135
<ALLOWANCE>                                     20,776
<TOTAL-ASSETS>                               1,552,405
<DEPOSITS>                                   1,361,312
<SHORT-TERM>                                    54,654
<LIABILITIES-OTHER>                             12,158
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,500
<COMMON>                                        14,072
<OTHER-SE>                                      79,959
<TOTAL-LIABILITIES-AND-EQUITY>               1,552,405
<INTEREST-LOAN>                                 97,810
<INTEREST-INVEST>                               10,647
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                               108,457
<INTEREST-DEPOSIT>                              52,311
<INTEREST-EXPENSE>                              54,923
<INTEREST-INCOME-NET>                           53,534
<LOAN-LOSSES>                                    2,628
<SECURITIES-GAINS>                               1,308
<EXPENSE-OTHER>                                 59,895
<INCOME-PRETAX>                                 14,667
<INCOME-PRE-EXTRAORDINARY>                      14,667
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,571
<EPS-PRIMARY>                                     1.40
<EPS-DILUTED>                                     1.21
<YIELD-ACTUAL>                                    8.53
<LOANS-NON>                                     26,959
<LOANS-PAST>                                       196
<LOANS-TROUBLED>                                 7,189
<LOANS-PROBLEM>                                 17,364
<ALLOWANCE-OPEN>                                18,747
<CHARGE-OFFS>                                    1,003
<RECOVERIES>                                       223
<ALLOWANCE-CLOSE>                               20,776
<ALLOWANCE-DOMESTIC>                            20,776
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
Exhibit 23 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

We consent to the incorporation by reference in Registration Statement Nos: 333-61054,333-43790, 333-112361, and 333-12179 each on From S-3, and Registration Statement Nos. 333-82283 and 333-16935 each on Form S-8, of our report dated April 14, 2008 relating to the consolidated financial statements of BSML Inc. (formerlyBritesmile, Inc.) and Subsidiaries as of December 29, 2007 and for fiscal year then ended appearing in this Annual report on Form 10-K of BSML Inc. and Subsidiaries for fiscal year ended December 29, 2007. 

/s/ Stonefield Josephson Inc. 

CERTIFIED PUBLIC ACCOUNTANTS 

Los Angeles , California 

April 14, 2008