alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 22 - 10761 Summary Calendar

**____________ United States of America,**  Plaintiff
— Appellee **,** versus **Jose Maria Ibarra -**  **Quintero,** Defendant
— Appellant **.**

**______________________________** Appeal from the United States District Court for the Northern District of Texas USDC No. 6:19 - CR - 15 - 1

**___________ ___________________**  Before **Higginbotham, Graves,** and **Ho,** C ircuit Judges **. Per Curiam**  **:** ***** The attorney appointed to represent Jose Maria Ibarra - Quintero 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). Ibarra - Quintero has not filed a response. We have reviewed counsel’s brief a nd the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous

**_____________________** * This opinion is not designated for publication. See **5th Cir .**  **R .**  47.5. United States Court of Appeals Fifth Circu it 

### FILED May 1, 2023 Lyle W. Cayce Clerk Case: 22-10761 Document: 00516732421 Page: 1 Date Filed: 05/01/2023No. 22 - 10761

2 issue for appellate review. Accordingly, 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 . Case: 22-10761 Document: 00516732421 Page: 2 Date Filed: 05/01/2023
EXHIBIT 32.1



CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



In
connection with the Quarterly Report of J.Crew Group, Inc. and J.Crew Operating Corp. (collectively, the Company) on Form 10-Q/A for the period ended October 29, 2005 as filed with the Securities and Exchange Commission on the date
hereof (the Report), we, Millard S. Drexler, Chairman of the Board and Chief Executive Officer of the Company, and James S. Scully, Executive Vice President and 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 to the best of each of our 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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                            
|--------------------------------------------
|Dated: April 24, 2006                       
|                                            
|/s/ Millard S. Drexler                      
|Millard S. Drexler                          
|Chairman of the Board and                   
|Chief Executive Officer                     
|                                            
|/s/ James S. Scully                         
|James S. Scully Executive Vice President and
|Chief Financial Officer                     



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 is staff upon request.
**MW EPA CAA Testing Method 315 A398's** 

4 HR Test Start DateAl ProductionMCEM Total MCEM

Total ParticulateParticulate tons/hr lbs/TAP lbs/hr lbs/TAP lbs/hr 4/23/2013 Run 1 16.87 0.892 15.05 3.096 52.23 4/24/2013 Run 2 16.87 0.526 8.87 0.850 14.34 4/25/2013 Run 3 16.87 0.568 9.58 0.900 15.18 Plant Average 16.87 0.662 11.17 1.615 27.25
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Financial Statements of National Equipment Services, Inc. and its
subsidiaries and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>            <C>
<PERIOD-TYPE>                   3-MOS          3-MOS
<FISCAL-YEAR-END>               DEC-31-2000    DEC-31-1999
<PERIOD-START>                  JAN-01-2000    JAN-01-1999
<PERIOD-END>                    MAR-31-2000    MAR-31-1999
<CASH>                                3,710         33,530
<SECURITIES>                              0              0
<RECEIVABLES>                       115,423        118,561
<ALLOWANCES>                          5,060          5,425
<INVENTORY>                          43,640         37,016
<CURRENT-ASSETS>                          0              0
<PP&E>                              773,765        725,044
<DEPRECIATION>                      127,375        105,033
<TOTAL-ASSETS>                    1,228,437      1,219,614
<CURRENT-LIABILITIES>                     0              0
<BONDS>                             882,629        856,710
<PREFERRED-MANDATORY>                95,422         95,297
<PREFERRED>                               0              0
<COMMON>                                241            241
<OTHER-SE>                          139,692        151,237
<TOTAL-LIABILITY-AND-EQUITY>      1,228,437      1,219,614
<SALES>                              18,961         15,935
<TOTAL-REVENUES>                    134,298         87,532
<CGS>                                13,406         11,855
<TOTAL-COSTS>                        80,963         52,294
<OTHER-EXPENSES>                     37,022         21,364
<LOSS-PROVISION>                          0              0
<INTEREST-EXPENSE>                   19,482         12,722
<INCOME-PRETAX>                     (3,060)          1,359
<INCOME-TAX>                        (1,239)            571
<INCOME-CONTINUING>                 (1,821)            788
<DISCONTINUED>                            0              0
<EXTRAORDINARY>                           0              0
<CHANGES>                                 0              0
<NET-INCOME>                        (1,821)            788
<EPS-BASIC>                          (0.09)           0.03
<EPS-DILUTED>                        (0.09)           0.03



</TABLE>
# MTS Cover

# Table 1

# Table 2

# Figure 1

# Figure 2

# Figure 3

# Figure 4

# Figure 5

# Figure 6

# Figure 7

# Figure 8

# Table 3

# Table 4

# Table 5

# Table 6

# Table 6A

# Table 6B

# Table 6C

# Table 6D

# Table 6E

# Table 7

# Table 8

# Table 9

# image1.emf

# image2.png

# image3.JPG

# image4.png

# image5.JPG

# image6.png

# image7.JPG

# image8.png

# image9.JPG

# image10.png

# image11.png

# image12.png

# image13.png

# image14.png
Before the Third Division,

October 15, 1957

No. 61277.

protests 293008-K, etc. (New York).

#### Capitol Distributors Corp. et al. *v.*United States,

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise and issues are similar in all material respects to those involved in *United States*v. *R. C. Williams & Co., Inc.*(40 C. C. P. A. 130, C. A. D. 508) and *Austin, Nichols & Co., Inc.*v. *United States*(22 Cust. Ct. 33, C. D. 1155), the claim of the plaintiffs was sustained.
EXHIBIT
31.1





Certification
of President and Chief Executive Officer (principal executive and financial
officer)


Pursuant
To Rule 13a-14(a)/15d-14(a)





I, Ronald
J. Ricciardi, certify that:




1.    I
have reviewed this Annual Report on Form 10-K of FirstFlight, Inc.;




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.    I
am 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 my 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 has 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 the
equivalent functions):




(a)    All
significant deficiencies and material weaknesses in the design or operation of
internal control 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.




Date:
April 15, 2009




By: 
/s/ Ronald J. Ricciardi


Ronald J.
Ricciardi


President
and Chief Executive Officer (principal executive and financial
officer)
# C_2016260EN.01002901.xml

| 18.7.2016 | EN | Official Journal of the European Union | C 260/29 |
| --- | --- | --- | --- |

18.7.2016

EN

Official Journal of the European Union

C 260/29

---

Request for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 9 May 2016 — Deichmann SE v Hauptzollamt Duisburg

(Case C-256/16)

(2016/C 260/36)

Language of the case: German

Referring court

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings

Parties to the main proceedings

Applicant: Deichmann SE

Applicant:

Defendant: Hauptzollamt Duisburg

Defendant:

Question referred

Question referred

Is Commission Implementing Regulation (EU) 2016/223 (1) of 17 February 2016 establishing a procedure for assessing certain market economy treatment and individual treatment claims made by exporting producers from China and Vietnam, and implementing the judgment of the Court of Justice in Joined Cases C-659/13 and C-34/14 valid?

1

---

(1)  OJ 2016 L 41, p. 3.

1

---
<TABLE> <S> <C>

<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                               0
<INT-BEARING-DEPOSITS>                       9,408,000
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 38,445,000
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                              0
<ALLOWANCE>                                  2,640,000
<TOTAL-ASSETS>                             359,303,000
<DEPOSITS>                                 208,297,000
<SHORT-TERM>                                62,500,000
<LIABILITIES-OTHER>                          5,329,000
<LONG-TERM>                                 53,700,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        40,000
<OTHER-SE>                                  29,217,000
<TOTAL-LIABILITIES-AND-EQUITY>             359,303,000
<INTEREST-LOAN>                             14,725,000
<INTEREST-INVEST>                            1,433,000
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                            16,158,000
<INTEREST-DEPOSIT>                           4,741,000
<INTEREST-EXPENSE>                           7,711,000
<INTEREST-INCOME-NET>                        8,447,000
<LOAN-LOSSES>                                1,535,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              2,551,000
<INCOME-PRETAX>                              5,356,000
<INCOME-PRE-EXTRAORDINARY>                   5,356,000
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,488,000
<EPS-BASIC>                                        .89
<EPS-DILUTED>                                      .89
<YIELD-ACTUAL>                                    4.08
<LOANS-NON>                                  2,218,000
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             1,523,000
<CHARGE-OFFS>                                  418,000
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                            2,640,000
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                      2,640,000


</TABLE>
**Exhibit 32.2****CERTIFICATION**Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, asamended (the “Exchange Act”), and Section 1350 of Chapter 63 of Title 18 of the United States Code(18 U.S.C. §1350), Greg Hildebrand, Chief Financial Officer of Volterra Semiconductor Corporation(the “Company”), hereby certifies that, to the best of his knowledge:1. The Company’s Quarterly Report on Form 10-Q for the period ended March 31, 2006, to which thisCertification is attached as Exhibit 32.1 (the “Quarterly Report”) fully complies with therequirements of Section 13(a) or Section 15(d) of the Exchange Act, and2. The information contained in the Quarterly Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.**In Witness Whereof**, the undersigned has set his hand hereto as of the 10th day of May, 2006.     By: /s/ Greg Hildebrand         Greg Hildebrand    Chief Financial Officer  This certification accompanies the Form 10-Q to which it relates, is not deemed filed with theSecurities and Exchange Commission and is not to be incorporated by reference into any filing ofVolterra Semiconductor Corporation under the Securities Act of 1933, as amended, or the SecuritiesExchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q),irrespective of any general incorporation language contained in such filing.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6887
ANTHONY BERNARD BURNSIDE, Plaintiff - Appellant, versus JON NEWLON, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (6:06-cv-00620-HMH) Submitted: July 20, 2006 Decided: July 28, 2006 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Anthony Bernard Burnside, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Anthony Bernard Burnside appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Burnside v. Newlon , No. 6:06-cv-00620-HMH (D.S.C. Mar. 29, 2006). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

: CIVIL ACTION NOS.

:

ELKINS : 02-1527

GRANT : 02-1943

MURPHY : 02-3866

RENER : 02-3870

JACKSON : 02-3900

MARUSHI, et al. : 02-3914

MORRIS : 02-3953

FORTNER : 02-3961

MACHALA : 02-3984

RAMIREZ, et al. : 02-4114

THEODORAN : 02-4123

STOPHER : 02-4147

COPENHAVER, et al. : 02-4187

PERERA : 02-4205

BERUMEN, et al. : 02-4238

RISLEY, et al. : 02-4246

MONTGOMERY, et al. : 02-4280

MILLER, et al. : 02-4281

DUBOIS : 02-4317

EDUVALA, et al. : 02-4327

:

VS. :

:

BAYER CORPORATION, et al. :

O R D E R

AND NOW, this day of July, 2002, the Court having been previously

advised that the above action cannot proceed to trial and disposition because of the following

reason:

[ ] - Order staying these proceedings pending disposition of a related

action.

[ ] - Order staying these proceedings pending determination of

arbitration proceedings.

[ ] - Interlocutory appeal filed.

Case 2:02-cv-04327-AB Document 2 Filed 07/17/2002 Page 1 of 2
[ X ] - Other: Case is placed into suspense pending receipt of the Case

Transfer Order from the Judicial Panel on Multi District Litigation

transferring case to District of Minnesota.

It is

ORDERED that the Clerk of Court mark this action closed for statistical purposes and

place the matter in the Civil Suspense File, and it is

FURTHER ORDERED that the Court shall retain jurisdiction; and that the case be

restored to the trial docket when the action is in a status so that it may proceed to final

disposition; this order shall not prejudice the rights of the parties to this litigation.

BY THE COURT:

________________________________________

Anita B. Brody, Judge

Case 2:02-cv-04327-AB Document 2 Filed 07/17/2002 Page 2 of 2
# C_2017121EN.01000902.xml

| 18.4.2017 | EN | Official Journal of the European Union | C 121/9 |
| --- | --- | --- | --- |

18.4.2017

EN

Official Journal of the European Union

C 121/9

---

Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 19 December 2016 — Amber Capital Italia Sgr SpA, Amber Capital Uk Llp v Commissione Nazionale per le Società e la Borsa (Consob)

(Case C-654/16)

(2017/C 121/13)

Language of the case: Italian

Referring court

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings

Parties to the main proceedings

Applicants: Amber Capital Italia Sgr SpA, Amber Capital Uk Llp

Applicants:

Defendant: Commissione Nazionale per le Società e la Borsa (Consob)

Defendant:

Question referred

Question referred

Is the proper application of the first and second subparagraphs of Article 5(4) of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids, (1) in the light of the general principles laid down in Article 3(1) thereof, and in the light of the proper application of the general principles relating to protection of legitimate expectations, proportionality, reasonableness, transparency and non-discrimination, prevented by a provision of national law such as Article 106(3)(d)(2) of Legislative Decree No 58 of 24 February 1998 (consolidating all provisions in the field of financial intermediation within the meaning of Articles 8 and 21 of Law No 52 of 6 February 1996), as subsequently amended, and Article 47 octies of the Decision of the Commissione Nazionale per le Società e la Borsa — Consob No 11971 of 14 May 1999 (Order implementing Legislative Decree No 58 of 24 February 1998 laying down rules applicable to offerees), as subsequently amended, in so far as those provisions, in authorising Consob to increase the price of the takeover bid as referred to in Article 106 where collusion is found between, on the one hand, the offeror or the persons acting in concert with it and, on the other, one or more sellers, simply refer to the criterion of the ‘price ascertained’ without specifying the parameters and criteria for such a finding?

1

octies

---

(1)  OJ 2004 L 142, p. 12.

1

---
```

Exhibit 32

                            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 Form 10-KSB/A Annual Report of Xfone, Inc. (the "Company")
for the period ended December 31, 2002, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that:

     o    the Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and
     o    the information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.

April 20, 2004

By: /s/Guy Nissenson

Guy Nissenson
President, Principal Executive Officer, Principal Financial Officer, and
Principal Accounting Officer
```
# C_2019139EN.01004302.xml

| 15.4.2019 | EN | Official Journal of the European Union | C 139/43 |
| --- | --- | --- | --- |

15.4.2019

EN

Official Journal of the European Union

C 139/43

---

Judgment of the General Court of 28 February 2019 — Drex Technologies v Council

(Case T-414/16) (1)

(Common foreign and security policy - Restrictive measures adopted against Syria - Freezing of funds - Rights of the defence - Right to effective judicial protection - Duty to state reasons - Error of assessment - Right to respect for one’s good name and reputation - Right to property - Presumption of innocence - Proportionality)

(2019/C 139/41)

Language of the case: French

Parties

Applicant: Drex Technologies SA (Tortola, British Virgin Islands) (represented by: E. Ruchat, lawyer)

Defendant: Council of the European Union (represented initially by S. Kyriakopoulou, G. Étienne and A. Vitro, and subsequently by S. Kyriakopoulou, A. Vitro and V. Piessevaux, acting as Agents)

Re:

Application brought pursuant to Article 263 TFEU and seeking annulment of Council Decision (CFSP) 2016/850 of 27 May 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2016, L 141, p. 125) and its subsequent implementing acts, Council Decision (CFSP) 2017/917 of 29 May 2017 amending Decision 2013/255 CFSP concerning restrictive measures against Syria (OJ 2017, L 139, p. 62) and Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018, L 131, p. 16), in so far as they concern the applicant.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Drex Technologies SA to bear its own costs and to pay those of the Council of the European Union |
| --- | --- |

2.

Orders Drex Technologies SA to bear its own costs and to pay those of the Council of the European Union

---

(1)  OJ C 364, 3.10.2016.

---