alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40908 Conference Calendar

ROBERT JESSE SMALLWOOD Petitioner-Appellant

v. UNITED STATES OF AMERICA Respondent-Appellee

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:06-CV-28
Before JOLLY, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM: * Robert Jesse Smallwood, federal prisoner # 42708-080, filed this petition pursuant to 28 U.S.C. § 2241. He argues that: (1) his sentence is unconstitutional in light of United States v. Booker, 543 U.S. 220 (2005), Blakely v. Washington, 542 U.S. 296 (2004), and Apprendi v. New Jersey, 530 U.S. 466 (2000); and (2) that a 28 U.S.C. § 2255 motion is inadequate and ineffective to test the legality of his detention. United States Court of Appeals Fifth Circuit 

### F I L E D October 24, 2007 Charles R. Fulbruge III ClerkNo. 06-40908

2 Section 2255 provides the primary means of collaterally attacking a federal sentence based on errors that occurred at or prior to sentencing. Cox v. Warde n , 911 F.2d 1111, 1113 (5th Cir. 1990). A § 2241 petition attacking the imposition of a federally imposed sentence may be considered only where the petitioner establishes that § 2255 is “inadequate or ineffective to test the legality of his detention.” I d. (internal quotation and citations omitted). Smallwood bears the burden of sho wing that a § 2255 motion is an inadequate vehicle in which to bring his claims into federal court. McGheev. Hanberry, 604 F.2d 9, 10 (5th Cir. 1979). Claims based on A pprendi , Blakely, and Booker do not fall under the savings clause of § 2255. Padilla v. United States, 416 F.3d 424, 426-27 (5th Cir. 2005); Wesson v. U.S. Penitentiary Beaumont, Tx. , 305 F.3d 343, 346-47 (5th Cir. 2002). Therefore, the district court did not err in dismissing Smallwood’s § 2241 petition. See Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001).Accordingly, the judgment of the district court is AFFIRMED.
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 of Independence Lead Mines Company (the "Company") on Form 10-KSB/A for the period ended December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Wayne L. Schoonmaker, Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  2. The information contained in the Report fairly presents, in all material respects, the financial condition, and results of operations of the Company.  /s/ Wayne L. Schoonmaker Principal Accounting Officer  Dated: December 13, 2007
# Sheet1

&"Arial,Bold"Part 2SUPPLEMENT	&"Arial,Bold"&KFF0000DRAFT	&"Arial,Bold"Fiscal Year 2018 ReportingSection VII

&"Arial,Bold"Bulletin No. 2017-16	&"Arial,Bold"&KFF0000DRAFT&K000000 VII VDR - &P	&"Arial,Bold"IRC Handout 12/5/17
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title:****Missouri report**
 
2002 | 2003| 2004 | 2005| 2006 | 2007| 2008 | 2009
 
SuDoc Number:A 57.81/25:
Item Number:0120-C-25 (online)
CGP systemNumber:000561500
 
February 18, 2020
<PAGE>

                                                                    EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

   PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

The undersigned executive officer of First BancTrust Corporation (the
"Registrant") hereby certifies that the Registrant's Form 10-K for the year
ended December 31, 2005 fully complies with the requirements of Section 13(a) of
the Securities Exchange Act of 1934 and that the information contained therein
fairly presents, in all material respects, the financial condition and results
of operations of the Registrant.


                                        /s/ Ellen M. Litteral
                                        ----------------------------------------
                                        Name: Ellen M. Litteral
                                        Title: Chief Financial Officer and
                                               Treasurer

Date: March 27, 2006
No. 62508.

#### Darlington Pearl Works and J. W. Hampton, Jr., & Co. of Phila. *v.*United States,

protests 313437-K (B) and 313437-K (A) (Philadelphia).

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of mother-of-pearl disks similar in all material respects to those the subject of *Paramount Import Export Co. et al.*v. *United States*(45 C. C. P. A. 82, C. A. D. 677), the claim of the plaintiffs was sustained.
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

GORDON ROY PARKER, : CIVIL ACTION NO. 05-CV-2752 

 : 

 Plaintiff, : 

 : 

 v. : 

 : 

LEARN THE SKILLS CORP., et al., : 

 : 

 Defendants. : 

ORDER 

AND NOW, this ________ day of _____________, 2005, upon consideration of 

Plaintiff's Motion to Conduct Jurisdictional Discovery, and any response and reply thereto, it is 

hereby ORDERED that Plaintiff's Motion to Conduct Jurisdictional Discovery is hereby 

DENIED. 

BY THE COURT: 

 Harvey Bartle, III, J. 

Case 2:05-cv-02752-HB Document 35 Filed 12/19/05 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

GORDON ROY PARKER, : CIVIL ACTION NO. 05-CV-2752 

 : 

 Plaintiff, : 

 : 

 v. : 

 : 

LEARN THE SKILLS CORP., et al., : 

 : 

 Defendants. : 

DEFENDANT PAUL ROSS' OPPOSITION TO PLAINTIFF'S MOTION 

TO CONDUCT JURISDICTIONAL DISCOVERY

Defendant Paul Ross joins in Defendant Learn the Skills Corp.'s Opposition to the 

Plaintiff's Motion to Conduct Jurisdictional Discovery and reserves his right to file a motion to 

limit the scope of discovery should this court grant the Plaintiff's request for jurisdictional 

discovery. 

BUCHANAN INGERSOLL PC 

Respectfully submitted, 

 By: /s/ Mary Kay Brown

Mary Kay Brown 

Shernese V. Woodbine 

Pa. I.D. Nos. 54327 and 91209 

1835 Market Street, 14th Floor 

Philadelphia, PA 19103 

(215) 665-3671 

Attorneys for Defendant Paul Ross 

Dated: December 19, 2005

Case 2:05-cv-02752-HB Document 35 Filed 12/19/05 Page 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that on this 19th day of December, 2005, I caused the foregoing 

Defendant Paul Ross' Opposition to the Plaintiff's Motion to Conduct Jurisdictional Discovery, to 

be served by first-class U.S. mail, postage prepaid, upon the following: 

Gordon Roy Parker, pro se Plaintiff 

4247 Locust Street, #806 

Philadelphia, PA 19104 

Dennis G. Young, Jr., Esquire 

Montgomery, McCracken, Walker & Rhoads, LLP 

123 South Broad Street 

Philadelphia, PA 19109 

Matthew S. Wolf, Esquire, pro se Defendant 

241 Kings Highway East 

Haddonfield, NJ 08033 

/s/ Mary Kay Brown

Mary Kay Brown 

#742376-v2 

Case 2:05-cv-02752-HB Document 35 Filed 12/19/05 Page 3 of 3
<PAGE>

                                  EXHIBIT 99.1

    STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF
                           2002, 18 U.S.C. SECTION 1350

         The undersigned, Dwayne Powell, is the President and Chief Executive
Officer of Pocahontas Bancorp, Inc. (the "Company").

         This statement is being furnished in connection with the filing by the
Company of the Company's Quarterly Report on Form 10-Q for the quarter ended
December 31, 2002 (the "Report").

         By execution of this statement, I certify that:

               A)   the Report fully complies with the requirements of Section
                    13(a) or 15(d) of the Securities Exchange Act of 1934 (15
                    U.S.C. 78m(a) or 78o(d)) and

               B)   the information contained in the Report fairly presents, in
                    all material respects, the financial condition and results
                    of operations of the Company as of the dates and for the
                    periods covered by the Report.

     This statement is authorized to be attached as an exhibit to the Report so
     that this statement will accompany the Report at such time as the Report is
     filed with the Securities and Exchange Commission pursuant to Section 906
     of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350. It is not
     intended that this statement be deemed to be filed for purposes of the
     Securities Exchange Act of 1934, as amended.

February 14, 2003                                       /s/ Dwayne Powell
----------------------                                --------------------------
Dated                                                   Dwayne Powell
Case 2:05-cv-00112-PBT Document 10 Filed 02/14/05 Page 1 of 1
##### 



WESTERN RESERVE BANCORP, INC.
FORM 10-QSB
Quarter ended March 31, 2006
 CERTIFICATION OF FINANCIAL RESULTS
  
    
    This Form 10-QSB fully complies with the requirements of Sections 13(a) or 15(d) of
the Securities Exchange Act of 1934, and
    
    The information contained in the report fairly presents, in all material respects,
the financial position and results of operations of Western Reserve Bancorp, Inc. as of
and for the periods presented.
 /s/ Cynthia A. MahlCynthia A. MahlSenior Vice President/Chief Financial OfficerMay 11, 2006
 Page 40
# C_2016392EN.01001101.xml

| 24.10.2016 | EN | Official Journal of the European Union | C 392/11 |
| --- | --- | --- | --- |

24.10.2016

EN

Official Journal of the European Union

C 392/11

---

Request for a preliminary ruling from the Areios Pagos (Greece) lodged on 4 August 2016 — Georgios Leventis, Nikolaos Vafeias v Malcon Navigation Co. Ltd, Brave Bulk Transport Ltd

(Case C-436/16)

(2016/C 392/14)

Language of the case: Greek

Referring court

Referring court

Areios Pagos (Greece)

Parties to the main proceedings

Parties to the main proceedings

Appellants: Georgios Leventis, Nikolaos Vafeias

Appellants:

Respondents: Malcon Navigation Co. Ltd, Brave Bulk Transport Ltd

Respondents:

Question referred

Question referred

Does the jurisdiction clause which has been agreed pursuant to Article 23(1) of Regulation (EC) No 44/2001 (1) between companies and in the present case is included in the privately-executed agreement of 14 November 2007 between the first and second respondents, Article 10 of which provides that ‘the present agreement shall be governed by English law, it shall be subject to English jurisdiction and any dispute arising from or in connection with it shall be subject to the exclusive jurisdiction of the High Court of England and Wales’, also encompass, as regards acts and omissions of the organs of the second respondent, who represent it and give rise to liability on its part pursuant to Article 71 of the Greek Civil Code, the persons responsible who acted in the performance of their duties and are liable under that article, in conjunction with Article 926 of the Greek Civil Code, jointly and severally with the company, a legal person?

1

---

(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).

1

---
Exhibit 4.12


Table of Contents

Exhibit 4.12 

 [THE COCA-COLA COMPANY LETTERHEAD]

 June 2, 2008 

 Industria Nacional de Refrescos, S.A. 

Managua, Nicaragua 

 Dear Sirs: 

 In regards to the Bottler Agreement in force and effect since May 13, 2001 (“the Agreement”) entered into between you and The Coca-Cola Company (the “Company”), we inform you that a new bottler agreement is in the final stages of
  discussion and approval among the parties, which we estimate will be executed towards the middle of September 2008, hereby the Agreement is temporarily extended from March 31, 2008 until:

 September 30, 2008 

 With the exception of said extension, all the terms and conditions of the Agreement will continue to be fully valid until the expiration of said additional term, and once the extension expires, the Bottler will no longer have the right to claim a
  tacit renewal of the aforementioned Agreement.

 

		
	 	 Sincerely,
	 	 
	 	 THE COCA-COLA COMPANY 
	 	 
	 	 
	 	/s/ 
	 	 
	 	Authorized Representative 




 

		
	 Accepted by: 
	 
	INDUSTRIA NACIONAL DE REFRESCOS, S.A. 	 
	 	 
	 	 
	 	 
	/s/ 	 
	 	 
	Authorized Representative
**EXHIBIT32.1**

 

**CertificationPursuant to**

**18 U.S.C. Section 1350**

**As AdoptedPursuant to**

**Section 906of the Sarbanes-Oxley Act of 2002**

 

In connection with the Quarterly Report ofAXT, Inc. (the “Company”) on Form 10-Q for the quarter ended June 30,2008, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Philip C. S. Yin, Chairman of the Board and Chief ExecutiveOfficer of the Company, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (“Section 906”),that, to the best of my knowledge:

 

(1) TheReport fully complies with the requirements of section 13(a) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m); and

 

(2) Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| Dated: August 11, 2008 | By:    | /s/ Philip C. S. Yin                             |
|-----------------------------|--------|--------------------------------------------------|
|                        |   | Philip C. S. Yin                                 |
|                        |   | Chairman of the Board andChief Executive Officer |

 

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

<ARTICLE>                                            9
<MULTIPLIER>                                     1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           7,197
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     18,470
<INVESTMENTS-CARRYING>                          12,865
<INVESTMENTS-MARKET>                            12,180
<LOANS>                                        169,931
<ALLOWANCE>                                      1,517
<TOTAL-ASSETS>                                 235,742
<DEPOSITS>                                     158,603
<SHORT-TERM>                                    10,000
<LIABILITIES-OTHER>                              2,737
<LONG-TERM>                                     25,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,014
<OTHER-SE>                                      22,887
<TOTAL-LIABILITIES-AND-EQUITY>                 235,742
<INTEREST-LOAN>                                  3,102
<INTEREST-INVEST>                                  629
<INTEREST-OTHER>                                   220
<INTEREST-TOTAL>                                 3,951
<INTEREST-DEPOSIT>                               1,669
<INTEREST-EXPENSE>                               2,132
<INTEREST-INCOME-NET>                            1,819
<LOAN-LOSSES>                                        8
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  1,384
<INCOME-PRETAX>                                    747
<INCOME-PRE-EXTRAORDINARY>                         747
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       500
<EPS-BASIC>                                       0.12
<EPS-DILUTED>                                     0.12
<YIELD-ACTUAL>                                     2.4
<LOANS-NON>                                        125
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                   258
<LOANS-PROBLEM>                                  1,751
<ALLOWANCE-OPEN>                                 1,510
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                1,517
<ALLOWANCE-DOMESTIC>                             1,517
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0



</TABLE>
Exhibit 12.4
**CERTIFICATION OF CHIEF FINANCIAL OFFICER**
I, Frans Spaargaren, Chief Financial Officer of Gemplus International S.A., certify that:
1.   I have reviewed this amendment to the Annual Report on Form 20-F of Gemplus International S.A.;and
2.   Based on my knowledge, this amendment to the Annual Report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading with respect to theperiod covered by this Annual Report.
Date: April 18, 2005                                                         /s/ Frans Spaargaren   Frans Spaargaren   Chief Financial Officer
Before the Third Division,

January 27, 1945

No. 49981.

#### Protests 77493-K, etc., of John J. Brunner Agency, Inc., et al. (New York).

Opinion by

Cline, J.

Following the authorities cited in Abstract 15400 the' court dismissed the protests.
No. 52928.

#### Cummins-Collins Distilleries et al. *v.*United States,

protests 110861-K, etc. (Louisville).

Opinion by

Johnson, J.

For the reasons stated in *Austin, Nichols & Co., Inc.*v. *United States*(22 Cust. Ct. 33, C. D. 1155), the claim of the plaintiffs was sustained. The protests were overruled in all other respects.
Before the Third Division,

November 24, 1953

No. 57648.

#### Select Wines Company *v.*United States,

protests 157638-K and 157639-K (Galveston).

Opinion by

Ekwall, J.

It was stipulated that the gin in question was produced, manufactured, and withdrawn from warehouse in the Virgin Islands at or above 100 proof; that, subsequently, it was reduced to 90 proof, prior to shipment to the United States; and that internal revenue tax imposed in the United States upon like articles of domestic manufacture was $9 per proof gallon at all times in question herein. Upon the agreed statement of facts, the claim that the merchandise should have been assessed upon the basis of the proof gallonage rather than upon the wine gallonage was sustained.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1  
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               DEC-31-1998
<CASH>                                       4,304,929
<INT-BEARING-DEPOSITS>                      12,974,680
<FED-FUNDS-SOLD>                            29,305,982
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                      13,364,742
<INVESTMENTS-MARKET>                        13,364,959
<LOANS>                                    184,389,986 
<ALLOWANCE>                                  1,218,883
<TOTAL-ASSETS>                             280,650,055
<DEPOSITS>                                 231,076,870 
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                          2,162,855
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        61,166
<OTHER-SE>                                  45,384,377
<TOTAL-LIABILITIES-AND-EQUITY>             280,650,055 
<INTEREST-LOAN>                              3,571,122
<INTEREST-INVEST>                              706,913
<INTEREST-OTHER>                               500,423
<INTEREST-TOTAL>                             4,778,458
<INTEREST-DEPOSIT>                           2,440,426
<INTEREST-EXPENSE>                               1,513
<INTEREST-INCOME-NET>                        2,336,519
<LOAN-LOSSES>                                  194,587
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              1,927,123
<INCOME-PRETAX>                                405,457
<INCOME-PRE-EXTRAORDINARY>                     244,765
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   244,765
<EPS-PRIMARY>                                      .04
<EPS-DILUTED>                                      .04
<YIELD-ACTUAL>                                    7.17
<LOANS-NON>                                    996,148
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                963,814
<ALLOWANCE-OPEN>                             1,033,907
<CHARGE-OFFS>                                    9,661
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                            1,218,833
<ALLOWANCE-DOMESTIC>                         1,218,833
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Before the First Division,

October 30, 1957

No. 61297.

protests 236741-K, etc. (New York).

#### Charles A. Redden, Inc., and Ronson Art Metal Works et al. *v.*United States,

Opinion by

Oliver, C. J.

It was stipulated that the invoice items marked “A,” “B,” “C,” “D,” “E,” “F,” “G,” “H,” “J,” “K,” or “L,” “in their condition as imported, are dedicated to use as parts of table, desk, or pocket lighters, and are in fact used together with other parts of domestic origin to make table lighters, desk lighters and pocket lighters, and no other articles”; that none of the said items is used exclusively as parts of pocket lighters; and that all of the lighters, of which these items are parts, are smokers’ articles. On the record presented and following *The American Import Co.*v. *United States,*39 Cust. Ct. 9, C. D. 1894, the claim of the plaintiffs was sustained.
No. 52930.

#### Canada Dry Ginger Ale, Inc., et al. *v.*United States,

protests 115217-K, etc. (Los Angeles).

Opinion by

Johnson, J.

For the reasons stated in *Austin, Nichols & Co., Inc.*v. *United States*(22 Cust. Ct. 33, C. D. 1155), the claim of the plaintiffs was sustained. The protests were overruled in all other respects.