alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued May 9, 2013

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-13-00252-CR

———————————

CHARLES ALLEN STEWART, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court 

Harris County, Texas

Trial Court Cause No. 1375967

MEMORANDUM OPINION

Appellant, Charles Allen Stewart, pleaded guilty to the state-jail felony 

offense of theft1and pleaded true to the allegations in two state-jail felony 

 

1 See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(D) (West Supp. 2012).
2

enhancement paragraphs.2 The trial court found appellant guilty, found the 

enhancements true, and, in accordance with the terms of appellant’s plea 

agreement with the State, sentenced appellant to confinement for two years. 

Appellant has filed a pro se notice of appeal. We dismiss the appeal.

In a plea-bargained case, a defendant may only appeal those matters that 

were raised by written motion filed and ruled on before trial or after obtaining the 

trial court’s permission to appeal. TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 

2006); TEX. R. APP. P. 25.2(a)(2); see Woods v. State, 108 S.W.3d 314, 316 (Tex. 

Crim. App. 2003). An appeal must be dismissed if a certification showing that the 

defendant has the right of appeal has not been made part of the record. TEX. R.

APP. P. 25.2(d).

Here, the trial court’s certification is included in the record on appeal. See id. 

The trial court’s certification states that this is a plea-bargained case and the 

defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). The record 

supports the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615 

(Tex. Crim. App. 2005). Because appellant has no right of appeal, we must 

dismiss this appeal. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 

2006) (“A court of appeals, while having jurisdiction to ascertain whether an 

appellant who plea-bargained is permitted to appeal by Rule 25.2(a)(2), must 

 

2 See TEX. PENAL CODE ANN. § 12.425(a) (West Supp. 2012).
3

dismiss a prohibited appeal without further action, regardless of the basis for the 

appeal.”). 

Accordingly, we dismiss this appeal for want of jurisdiction. We dismiss all 

pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale.

Do not publish. TEX. R. APP. P. 47.2(b).
Before the First Division,

November 1, 1956

No. 60309.

protest 294836-K (New

#### The Otto Gerdau Co. *v.*United States,

York).

Opinion by

Mollison, J.

In accordance with stipulation of counsel that the merchandise consists of bamboo fishing poles similar in all material respects to those the subject of Abstract 59620, the claim of the plaintiff was sustained.
No. 59857.

#### Friedman Mirror & Glass Co., Inc., et al. *v.*United States

protests 213684-K, etc. (New York).

*406Opinion by

Wilson, J.

In accordance witb stipulation of counsel that the merchandise consists of glass strips specially designed and manufactured for use as a frame around mirrors the same in all material respects as those the subject of *Friedman Mirror & Glass Co., Inc.*v. *United States*(34 Cust. Ct. 236, C. D. 1710), the claim of the plaintiffs was sustained.
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 Quarterly Report of Zebra Technologies Corporation (Zebra) on Form 10-Q/A for the period that ended April 2, 2016, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Michael C. Smiley, Chief Financial Officer of Zebra, 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 result of operations of Zebra.




A signed original of this written statement required by Section 906, or another document authenticating, acknowledging or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Zebra and will be retained by Zebra and furnished to the Securities and Exchange Commission or its staff upon request.





Date: May 25, 2016By:/s/Michael C. SmileyMichael C. SmileyChief Financial Officer
1

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28 ORDER - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

NEIL GREENING,

Plaintiff,

v.

EILEEN BISON et al.,

Defendants.

Case No. C06-5298RJB

ORDER

This action, brought under 42 U.S.C. 1983, has been referred to the undersigned Magistrate

Judge pursuant to Title 28 U.S.C. § 636(b)(1)(B). The plaintiff has an incomplete application for 

leave to proceed in forma pauperis pending. The clerks office sent a letter to plaintiff outlining the

deficiencies in his pleadings. (Dkt. # 3). In response plaintiff sent a letter to the clerks office asking

for an explanation as to each deficiency. (Dkt. # 4). 

The court cannot give legal advice. The deficiencies were properly identified in the clerk’s

original letter. Plaintiff has until July 3rd, 2006 to cure the defects in his original filings. 

The Clerk is directed to send a copy of this Order to plaintiff.

DATED this 22nd day of June 2006.

/S/ J. Kelley Arnold

J. Kelley Arnold

United States Magistrate Judge 

Case 3:06-cv-05298-RJB Document 5 Filed 06/23/06 Page 1 of 1
Before the Second Division,

April 12, 1957

No. 60639.

#### Reynolds Fasteners, Inc. *v.*United States,

protest 252345-K/6684 (Chicago).

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of bolts of steel, imported without nuts or threads, the claim of the plaintiff was sustained.
##### 



EXHIBIT 31.1
 
  1.
    
    I have reviewed this Annual Report on Form 10-K of US BioEnergy Corporation;2.
    
    Based on my knowledge, this report does not contain any untrue statement 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 financial condition,
results of operations and cash flows of the registrant as of, and for, the periods
presented in this report;4.
    
    The registrants other certifying officer(s) 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)) for the registrant and have:
 (a)
    
    designed such disclosure controls and procedures, or caused such
disclosure controls 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 the period in which this report is being prepared;(b)
    
    evaluated the effectiveness of the registrants disclosure
controls and procedures and presented in this report 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(c)
    
    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 (the registrants fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrants internal control over financial reporting;
and
 5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal controls over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
 (a)
    
    all significant deficiencies and material weaknesses in the design
or operation of internal controls over financial reporting 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.
  /s/ Gordon W. OmmenGordon W. OmmenChairman of the Board, Chief Executive Officer and President
(principal executive officer)
|    |                                                                                        |
|----|----------------------------------------------------------------------------------------|
| 1. | I have reviewed this Annual Report on Form 10-K/A of Brookdale Senior Living Inc.; and |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2. | Based on my knowledge, this report does not contain any untrue statement 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. |

|                       |
|-----------------------|
|                       |  |  |
| Date:  April 23, 2018 |   | /s/ Teresa F. Sparks |
|                  |   | Teresa F. Sparks |
|                  |   | Interim Chief Financial Officer |
From: Elin Peltz <epeltz@beetsugar.org>

Date: May 17, 2012 3:07:26 PM EDT

To: "Lorie Schmidt/DC/USEPA/US (Schmidt.Lorie@epamail.epa.gov)" 

<Schmidt.Lorie@epamail.epa.gov>, "Ganesan.Arvin@epamail.epa.gov" 

<Ganesan.Arvin@epamail.epa.gov>

Cc: Kevin Price <Kprice@crystalsugar.com>, "Janet Anderson (jma@vnf.com)" 

<jma@vnf.com>

Subject: Beet Sugar Processors Boiler MACT Proposal

Lorie, Arvin –

Attached is a proposal which we developed after our meeting last week with you and your 

technical staff. We have tried to respond to concerns raised in the meeting regarding EPA’s legal 

authority to allow beet sugar processors to comply with work practice standards, similar to those 

granted to the cane processing industry, with whom we compete in the domestic sugar market.

We would be happy to meet with you again to discuss this proposal or respond to any questions 

you might have in the meantime. We are also open to any thoughts or approaches you might 

offer in order to achieve our objectives.

Thanks again for your time and attention to our concerns, as we try to work toward a mutually 

acceptable accommodation.

Elin

Elin Peltz

Vice President

U.S. Beet Sugar Association

epeltz@beetsugar.org

202-296-4820 (p)

202-331-2065 (f)

USBSA Boiler MACT White Paper 5.17.12.docx
# Official Journal C 164A/29 M

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 164A |
| | |
| English edition | Information and Notices | Volume 5729 May 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 164A

English edition

Information and Notices

Volume 5729 May 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Central Bank |
| 2014/C 164A/01 | Extension of the deadline for applications to be appointed as a member of the Administrative Board of Review | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Central Bank

2014/C 164A/01

Extension of the deadline for applications to be appointed as a member of the Administrative Board of Review

1

| | |
| --- | --- |
| 2014/C 164A/02 | Review of Competition C A Official Journals | 2 |

2014/C 164A/02

Review of Competition C A Official Journals

2

| EN | |
| --- | --- |

EN

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Central Bank

| 29.5.2014 | EN | Official Journal of the European Union | CA 164/1 |
| --- | --- | --- | --- |

29.5.2014

EN

Official Journal of the European Union

CA 164/1

---

Extension of the deadline for applications to be appointed as a member of the Administrative Board of Review

2014/C 164 A/01

The ECB hereby announces that the deadline for the submission of applications under the call for expressions of interest from external experts to be appointed as a member or alternate of the Administrative Board of Review of the European Central Bank (Frankfurt am Main, Germany), as published in the Official Journal of the European Union on 1 May 2014 (1), is extended until 2 June 2014.

Frankfurt am Main, 23 May 2014.

---

(1)  OJ C 133 A, 1.5.2014, p. 1.

---

29.5.2014

| 29.5.2014 | EN | Official Journal of the European Union | CA 164/2 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

CA 164/2

---

REVIEW OF COMPETITION C A OFFICIAL JOURNALS

2014/C 164 A/02

Please find below the list of C A Official Journals published during the present year.

Unless otherwise indicated, the Official Journals are published in all language versions.

| 5 | |
| --- | --- |
| 6 | |
| 11 | |
| 19 | |
| 21 | |
| 26 | |
| 27 | |
| 30 | (PL) |
| 35 | |
| 41 | (DE/EN/FR) |
| 42 | |
| 43 | |
| 46 | |
| 47 | |
| 48 | |
| 55 | |
| 56 | |
| 60 | |
| 62 | |
| 65 | |
| 73 | (DE/EN/FR) |
| 74 | |
| 81 | |
| 88 | |
| 92 | (DE/EN/FR) |
| 97 | |
| 98 | |
| 99 | |
| 108 | |
| 109 | |
| 116 | |
| 119 | |
| 133 | |
| 134 | |
| 136 | |
| 137 | (DE/EN/FR) |
| 140 | |
| 145 | |
| 152 | |
| 160 | |
| 163 | |
| 164 | |

5

6

11

19

21

26

27

30

(PL)

35

41

(DE/EN/FR)

42

43

46

47

48

55

56

60

62

65

73

(DE/EN/FR)

74

81

88

92

(DE/EN/FR)

97

98

99

108

109

116

119

133

134

136

137

(DE/EN/FR)

140

145

152

160

163

164

---
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 241 Enrolled Bill (ENR)]

        H.Con. Res.241
                                      Agreed to January 27, 2000        

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                          Concurrent Resolution

 

    Resolved by the House of Representatives (the Senate concurring), 
That the two Houses of Congress assemble in the Hall of the House of 
Representatives on Thursday, January 27, 2000, at 9 p.m., for the 
purpose of receiving such communication as the President of the United 
States shall be pleased to make to them.
  Attest:

                                 Clerk of the House of Representatives.

  Attest:

                                               Secretary of the Senate.
```
No. 61625.

#### American Almond Products Co., Inc. *v.*United States,

protest 306031-K (A) (New York).

Opinion by

Donlon, J.

Plaintiff having raised no objection and following *The Best Foods, Inc.*v. *United States*(37 Cust. Ct. 1, C. D. 1791), the motion was granted.
Exhibit 32.2

CERTIFICATION FURNISHED 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 China Clean Energy Inc. (the Company) on Form 10-K for the period ended December 31, 2008, as filed with the Securities and Exchange Commission and to which this Certification is an exhibit (the Report), the undersigned officer of the Company does hereby certify, pursuant to Rule 15d-14(b) of the Securities and Exchange Act of 1934, as amended, and Section 1350 of Chapter 63 of Title 18 of the United States Code 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to her 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; 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: March 27, 2009

| |        |                                                              
| | ------ | -------------------------------------------------------------
| | By:    | /s/ Shannon Yan                                              
| | Name:  | Shannon Yan                                                  
| | Title: | Interim Chief Financial Officer (Principal Financial Officer)
CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
 
 We have
issued our reports dated March 15, 2010 with respect to the consolidated
financial statements and schedules and internal control over financial reporting
included in the Annual Report of Resource Capital Corp. and subsidiaries on Form
10-K for the year ended December 31, 2009.  We hereby consent to the
incorporation by reference of said reports in the Registration Statements of
Resource Capital Corp. on Forms S-3 (File No. 333-151621, effective on June 12,
2008 and File No. 333-146626, effective on May 29, 2008) and Form S-8 (File No.
333-151622, effective on June 12, 2008).
 
 /s/ Grant
Thornton LLP
 
 Philadelphia,
Pennsylvania
 March 15,
2010
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 50965 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. CARLOS HOMAR TOVAR

- TORRES , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:14

- CR

- 92

- 1

Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM: * Carlos Homar Tovar

- Torres appeals the abo ve - guidelines, 30

- month sentence imposed for his illegal reentry conviction. He contends that his sentence is substantively unreasonable and greater than necessary to satisfy the 18 U.S.C. § 3 553(a) factors

. We re view the substantive reasonableness of a sentence for abuse of discretion. Gall v. United States , 552 U.S. 38, 51 (2007). “A non

- Guideline

* 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 April 7, 2015 Lyle W. Cayce Clerk Case: 14-50965 Document: 00512995957 Page: 1 Date Filed: 04/07/2015No. 14

- 50965 sentence unreasonably fails to reflect the statutory sentencing factors where it (1) does not account for a factor that should have received significant weight, (2) gives significant weight to an irrelevant or improper factor, or (3) represents a clear error of judgment in balancing the sentencing factors.” United States v. Smith , 440 F.3d 704, 708 (5th Cir. 2006). The district court cited Tovar

- Torres’s prior immigration convictions and disciplinary violations at his de tention facility as evincing a lack of respect of the law and necessitati ng an above

- guidelines sentence in order to deter Tovar

Torres and protect the public. Tovar

- Torres’s disagreement with the district court’s assessment of these factors is not sufficient to show an abuse of discretion. See Gall , 552 U.S. at 51. The extent of the variance, nine months above the guidelines maximum of 21 months, is within the range of variances that we have upheld

. See United States v. McElwee , 646 F.3d 328, 345 (5th Cir. 2011). Given the significant deference that is due to a district court’s consideration of the § 3553(a) factors, see Gall , 552 U.S. at 51, and the district court’s reasons for its sentencing decision, Tovar

- Torres has not demonstrated that the sentence is substantively unreasonable, see McElwee , 646 F.3d at 344

- 45. The judgment of the district court is AFFIRMED.

2 Case: 14-50965 Document: 00512995957 Page: 2 Date Filed: 04/07/2015
EXHIBIT 23.1




Silberstein Ungar, PLLC CPAs and Business Advisors





Phone (248) 203-0080


Fax (248) 281-0940


30600 Telegraph Road, Suite 2175


Bingham Farms, MI 48025-4586


www.sucpas.com




November 29, 2011




CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





Board of Directors


Lux Digital Pictures, Inc.


Los Angeles, California





To Whom It May Concern:





Silberstein Ungar, PLLC hereby consents to the use in the Form 10-K, Annual Report Pursuant to Section 3 or 15(d) of the Securities and Exchange Act of 1934, filed by Lux Digital Pictures, Inc. of our report dated November 29, 2011, relating to the financial statements of Lux Digital Pictures, Inc., a Wyoming Corporation, as of and for the years ending August 31, 2011 and 2010.





Sincerely,





/s/ Silberstein Ungar, PLLC





Silberstein Ungar, PLLC
No. 56216.

protest 175906-K (New York).

#### I. J. Nethe & Co. *v.*United States,

Opinion by

Cole, J.

The protest was dismissed.
Exhibit 32.1

CERTIFICATION CHIEF EXECUTIVE 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 Artisoft, Inc. (the "Company") for the period ended September 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, William Y. Tauscher, Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C.
Section 1350, that:



|Date: January 24, 2005 |  | /s/WILLIAM Y. TAUSCHERWilliam Y. Tauscher
Chief Executive Officer
|---------------------- |  | -----------------------------------------------------------------

---



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