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

FOR THE FIFTH CIRCUIT

No. 12-40357

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ARTURO DELGADO-ALMAZAN,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:11-CR-1946-1

Before DAVIS, OWEN, and HIGGINSON, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Arturo DelgadoAlmazan 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-Almazan has filed a response. We have

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

as well as Delgado-Almazan’s response. We concur with counsel’s assessment

that the appeal presents no nonfrivolous issue for appellate review. Accordingly,

United States Court of Appeals

Fifth Circuit

F I L E D

December 17, 2012

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: 12-40357 Document: 00512085297 Page: 1 Date Filed: 12/17/2012
No. 12-40357

counsel’s motion for leave to withdraw is GRANTED, counsel is excused from

further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR.

R. 42.2.

2

 Case: 12-40357 Document: 00512085297 Page: 2 Date Filed: 12/17/2012
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-K of FBR Capital Markets Corporation (the Company) for the year ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Bradley J.
Wright, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.



|               |  |  |  |                                          
|-------------- |  |  |  | -----------------------------------------
|March 16, 2010 |  |  |  | /s/ Bradley J. Wright                    
|               |  |  |  | BRADLEY J. WRIGHT Chief Financial Officer
§ 96.66 Hearing procedure. ( a ) A hearing is public, except when the Secretary or the presiding officer determines that all or part of a hearing should be closed to prevent a clearly unwarranted invasion of personal privacy (such as disclosure of information in medical records that would identify patients), to prevent the disclosure of a trade secret or confidential commercial or financial information, or to protect investigatory records compiled for law enforcement purposes that are not available for public disclosure.
( b ) A hearing will be conducted by the presiding officer. Employees of the Department will first give a full and complete statement of the action which is the subject of the hearing, together with the information and reasons supporting it, and may present any oral or written information relevant to the hearing. The State may then present any oral or written information relevant to the hearing. Both parties may confront and conduct reasonable cross-examination of any person (except for the presiding officer and counsel for the parties) who makes any statement on the matter at the hearing.
( c ) The hearing is informal in nature, and the rules of evidence do not apply. No motions or objections relating to the admissibility of information and views will be made or considered, but either party may comment upon or rebut all such data, information, and views.
( d ) The presiding officer may order the hearing to be transcribed. The State may have the hearing transcribed, at the State's expense, in which case a copy of the transcript is to be furnished to the Department at the Department's expense.
( e ) The presiding officer may, if appropriate, allow for the submission of post-hearing briefs. The presiding officer shall prepare a written decision, which shall be based on a preponderance of the evidence, shall include a statement of reasons for the decision, and shall be final unless appealed pursuant to § 96.52 of this part. If post-hearing briefs were not permitted, the parties to the hearing will be given the opportunity to review and comment on the presiding officer's decision prior to its being issued.
( f ) The presiding officer shall include as part of the decision a finding on the credibility of witnesses (other than expert witnesses) whenever credibility is a material issue.
( g ) The presiding officer shall furnish a copy of the decision to the parties.
( h ) The presiding officer has the power to take such actions and make such rulings as are necessary or appropriate to maintain order and to conduct a fair, expeditious, and impartial hearing, and to enforce the requirements of this subpart concerning the conduct of hearings. The presiding officer may direct that the hearing be conducted in any suitable manner permitted by law and these regulations.
( i ) The Secretary or the presiding officer has the power to suspend, modify, or waive any provision of this subpart.
# CE2009286EN.01016901.xml

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/169 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/169

---

Wednesday 18 June 2008Protection of pedestrians and other vulnerable road users ***I

P6_TA(2008)0297

European Parliament legislative resolution of 18 June 2008 on the proposal for a regulation of the European Parliament and of the Council on the protection of pedestrians and other vulnerable road users (COM(2007)0560 — C6-0331/2007 — 2007/0201(COD))

2009/C 286 E/46

(Codecision procedure: first reading)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0560),

having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0331/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Transport and Tourism (A6-0081/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

Wednesday 18 June 2008P6_TC1-COD(2007)0201

Position of the European Parliament adopted at first reading on 18 June 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No .../2008.)

---
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

I, Christopher LeClerc, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge,
FBC Holding Inc.'s Annual Report on Form 10-K for the year ended July 31, 2009
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Annual Report on
Form 10-K fairly presents in all material respects the financial condition and
results of operations of FBC Holding Inc.


                            By: /s/ Christopher LeClerc
                                ------------------------------------------------
Date: November 17, 2009         Christopher LeClerc
                                President, Secretary, Treasurer, Chief Executive
                                Officer, Chief Financial Officer
                                and Director


This certification accompanies the Annual Report on Form 10-K pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed for
purposes of Section 18 of the Exchange Act, or otherwise subject to the
liability of that section. This certification shall not be deemed to be
incorporated by reference into any filing under the Securities Act or the
Exchange Act, except to the extent that FBC Holding Inc. specifically
incorporates it by reference.
EXHIBIT 11

                         CATSKILL FINANCIAL CORPORATION
                   COMPUTATION OF NET INCOME PER COMMON SHARE
                 (In thousands, except share and per share data)

<TABLE>
<CAPTION>
                                                                  Three Months Ended Sept 30,               Year Ended Sept 30,
                                                                 -----------------------------        ------------------------------
                                                                    1998              1997                1998               1997
                                                                 ----------         ----------         ----------         ----------
<S>                                                              <C>                <C>                <C>                <C>       
Net income per common share - basic
   Net income applicable to common shares ..............         $      978         $      949         $    3,882         $    3,907
   Weighted average common shares outstanding ..........          3,851,094          4,262,551          4,066,971          4,629,697
   Net income per common share - basic .................         $      .25         $      .22         $      .95         $      .84
                                                                 ==========         ==========         ==========         ==========

Net income per common share - diluted
   Net income applicable to common shares ..............         $      978         $      949         $    3,882         $    3,907
   Weighted average common shares outstanding ..........          3,851,094          4,262,551          4,066,971          4,629,697
   Dilutive common stock options (1) ...................             95,618            129,772            120,762             71,731
                                                                 ----------         ----------         ----------         ----------
   Weighted average common shares and
         common share equivalents outstanding ..........          3,946,712          4,392,323          4,187,733          4,701,428
                                                                 ==========         ==========         ==========         ==========
   Net income per common share - diluted ...............         $      .25         $      .22         $      .93         $      .83
                                                                 ==========         ==========         ==========         ==========
</TABLE>



(1) Dilutive common stock options (includes  granted,  but unvested,  restricted
stock under the Company's MRP plan and options granted,  but unexercised,  under
its stock  option plan) are based on the  treasury  stock  method using  average
market price.  The treasury stock method  recognizes the use of assumed proceeds
upon the exercise of options, and the amount of unearned compensation attributed
to future services under the Company's  restricted stock plan, including any tax
benefits,  to purchase the  Company's  common stock at the average  market price
during the period.
**HOME | 	  ABOUT US | 	  CONTACT | 	  REGIONAL MANAGERS**Nautical Charts & Pubs****Surveys & Wrecks****GIS & Other Products****Research & Development****Customer Service****Business Opportunities****Education****NGA Chart: 81030          Scale: 73,190          Edition: 5          Edition Date: 04-JUL-98          CORRECTED TO NTM:  1998/38**Notice Listing-  **Click the +/- buttons and drag the slider tool (solid triangle) 				to zoom in and out.** 
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#### § 1633.1 Purpose.

This part is designed to ensure that in certain public housing eviction proceedings recipients refrain from defending persons charged with or convicted of illegal drug activities.
#### §§ 1170.25-1170.30 [Reserved]
§ 86.51 Employment. ( a ) *General.* ( 1 ) No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefor, whether full-time or part-time, under any education program or activity operated by a recipient which receives Federal financial assistance.
( 2 ) A recipient shall make all employment decisions in any education program or activity operated by such recipient in a nondiscriminatory manner and shall not limit, segregate, or classify applicants or employees in any way which could adversely affect any applicant's or employee's employment opportunities or status because of sex.
( 3 ) A recipient shall not enter into any contractual or other relationship which directly or indirectly has the effect of subjecting employees or students to discrimination prohibited by this subpart, including relationships with employment and referral agencies, with labor unions, and with organizations providing or administering fringe benefits to employees of the recipient.
( 4 ) A recipient shall not grant preferences to applicants for employment on the basis of attendance at any educational institution or entity which admits as students only or predominantly members of one sex, if the giving of such preferences has the effect of discriminating on the basis of sex in violation of this part.
( b ) *Application.* The provisions of this subpart apply to: ( 1 ) Recruitment, advertising, and the process of application for employment;
( 2 ) Hiring, upgrading, promotion, consideration for and award of tenure, demotion, transfer, layoff, termination, application of nepotism policies, right of return from layoff, and rehiring;
( 3 ) Rates of pay or any other form of compensation, and changes in compensation;
( 4 ) Job assignments, classifications and structure, including position descriptions, lines of progression, and seniority lists;
( 5 ) The terms of any collective bargaining agreement;
( 6 ) Granting and return from leaves of absence, leave for pregnancy, childbirth, false pregnancy, termination of pregnancy, leave for persons of either sex to care for children or dependents, or any other leave;
( 7 ) Fringe benefits available by virtue of employment, whether or not administered by the recipient;
( 8 ) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, selection for tuition assistance, selection for sabbaticals and leaves of absence to pursue training;
( 9 ) Employer-sponsored activities, including those that are social or recreational; and
( 10 ) Any other term, condition, or privilege of employment.
(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
[40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005]
EXHIBIT 32.2





CERTIFICATION


Pursuant
to 18 U.S.C. 1350


(Section
302 of the Sarbanes-Oxley Act of 2002)





In
connection with the Annual Report on Form 10-K of Shiner International,
Inc. (the “Company”) for the year ended December 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), XueZhu Xu,
Chief Financial Officer of the Company, hereby certifies, pursuant to
18 U.S.C. §1350, as adopted pursuant to §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.





Date:    
           July 23, 2009
                By:
                /s/ XueZhu XuName:
      XueZhu XuTitle:
      Chief Financial Officer











This
certification accompanies each Report pursuant to § 906 of the Sarbanes-Oxley
Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
Act of 2002, be deemed filed by the Company for purposes of §18 of the
Securities Exchange Act of 1934, as amended.





A signed
original 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.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 6966

JOSHUA LEE HORTON , Petitioner

- Appellant ,

v. HAROLD CLARKE , Respondent

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. Liam O’Grady , District Judge. ( 1:19

- cv - 00004

- LO

- MSN )

Submitted : November 21, 2019 Decided: November 26, 2019

Before KEENAN and DIAZ , Circuit Judges , and SHEDD, Senior Circuit Judge.

Dismissed by un published per curiam opinion

. Joshua Lee Horton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Joshua L. Horton seeks to appeal the district c ourt’s order denying relief on his
28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate of appealability will not issue abs ent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that
the distr ict court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Horton has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in t he materials before this court and argument would not aid the decisional process.
DISMISSED
§ 86.8 Designation of responsible employee and adoption of grievance procedures. ( a ) *Designation of responsible employee.* Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to such recipient alleging its noncompliance with this part or alleging any actions which would be prohibited by this part. The recipient shall notify all its students and employees of the name, office address and telephone number of the employee or employees appointed pursuant to this paragraph.
( b ) *Complaint procedure of recipient.* A recipient shall adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action which would be prohibited by this part.
(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
**Exhibit
      99.4**








CERTIFICATE
      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 (the “Report”) on the Form 10-KSB of Patterson
      Brooke Resources Inc. (the “Company”) for the year ended October 31, 2007, as
      filed with the Securities and Exchange Commission on the date hereof, I, David
      Moore, Chief Accounting Officer, Chief Financial Officer and Director, 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 and
      belief:





1.
      The
      Report fully complies with the requirements of Section 13 (a) or 15 (d) of
      the
      Securities and Exchange Act of 1934, as amended; and





2.
      The
      information contained in this Report fairly presents, in all material respects,
      the financial condition and results of operation of the Company.




January
      12, 2008




DAVID
      MOORE


David
      Moore


Chief
      Accounting Officer, Chief


Financial
      Officer and Director








-1-