alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-5098

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

CORTEZ LEON FISHER,

Defendant - Appellant.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Richard D. Bennett, District Judge. (CR04-288-RDB)

Submitted: April 6, 2005 Decided: April 25, 2005

Before MICHAEL, MOTZ, and SHEDD, Circuit Judges.

Affirmed in part, vacated in part, and remanded by unpublished per

curiam opinion.

Joanna Beth Silver, OFFICE OF THE FEDERAL PUBLIC DEFENDER,

Baltimore, Maryland; James Wyda, Federal Public Defender, Paresh S.

Patel, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greenbelt, Maryland,

for Appellant. Thomas Michael DiBiagio, United States Attorney,

Charles Joseph Peters, Sr., OFFICE OF THE UNITED STATES ATTORNEY,

Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
*

Fisher does not attack the voluntariness of his guilty plea.

- 2 -

PER CURIAM:

Cortez Leon Fisher pled guilty to possession of a firearm

after conviction of a felony, in violation of 18 U.S.C. § 922(g)(1)

(2000).* Fisher was sentenced to forty-six months’ imprisonment to

be followed by three years of supervised release. The district

court also specified an alternative sentence of thirty-six months’

imprisonment pursuant to this court’s recommendation in United

States v. Hammoud, 378 F.3d 426 (4th Cir. 2004) (order), opinion

issued by 381 F.3d 316, 353-54 (4th Cir. 2004) (en banc), cert.

granted and judgment vacated, 125 S. Ct. 1051 (2005).

Fisher now moves for an expedited remand of this case to

the district court in light of United States v. Booker, 125 S. Ct.

738 (2005). We grant Fisher’s motion for remand to allow the

district court to reconsider Fisher’s sentence in light of Booker.

Fisher states that the sentencing issue is the only one he would

pursue on appeal. Therefore, we affirm his conviction, vacate the

sentence imposed by the district court, and remand for

reconsideration of the sentence. 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 PART,

VACATED IN PART, AND REMANDED
================================================================================

EXHIBIT 32.1   GAMBINO APPAREL GROUP, INC.

                  Certification of Principal Executive Officer
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

I, William J. Reilly, President, and Director "principal executive officer") of
Gambino Apparel Group, Inc. (the "Registrant"), certify that to the best of my
knowledge, based upon a review of the Quarterly Report on Form 10-QSB for the
period ended June 30, 2005 of the Registrant (the "Report"):

     (1) The Report fully complies with the requirements of Section 13(a)[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
     Registrant.

Dated: 04/24/2006          /s/ WILLIAM J. REILLY
                          ----------------------
                          William J. Reilly
                          President and Director











--------------------------------------------------------------------------------
No. 57268.

protest 199921-K (B) (New York).

#### Decorative Crafts, Inc. *v.*United States,

Opinion by

Oliver, C. J.

An examination of the record disclosing nothing to disturb the action of the collector, which was presumptively correct, the protest was overruled.
**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**

| • | the                Company’s Quarterly Report on Form 10-QSB for the quarter ended June 30,                2006, as filed with the Securities and Exchange Commission on the                date                hereof (the “Report”) fully complies with the requirements of Section                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 condition and result of operations of the                Company                for the periods presented therein. |
|---------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----

----
No. 58532.

protests 175149-K, etc. (New York).

#### International Distributors 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.
# sec4_attribtable_2023

&"Arial,Bold"&10Bulletin No. 2023-02	&"Arial,Bold"&9Draft	&"Arial,Bold"&10IRC Handout
**Exhibit 32.2**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report of K-tel International, Inc.(the “Company”) on Form 10-K, as amended, for the period ended June 30,2003, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Larry Dunmall, Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

(1)                                  Thereport fully complies with the requirement of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 

A signed original of this written statement required by Section 906has been provided to the Company and will be retained by the Company andfurnished to the Securities and Exchange Commission or its staff upon request.

 

 
| By                                                       | /s/ LARRY  DUNMALL |   |
|----------------------------------------------------------|--------------------|--------|
| Larry Dunmall                                            |
| *Chief Financial Officer (principal  financial officer)* |
| *Director*                                               |
| January 5, 2006                                     |

 

----
Exhibit 32.1

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 Keane, Inc. for the period ended December 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Brian T. Keane, the President and Chief Executive Officer of Keane, Inc., certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|Date: March 15, 2004 |  | /s/BRIAN T. KEANEBrian T. Keane
President and Chief Executive Officer
|-------------------- |  | ---------------------------------------------------------------------

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

<ARTICLE> 7
<MULTIPLIER>     1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<DEBT-HELD-FOR-SALE>                            10,958
<DEBT-CARRYING-VALUE>                            3,545
<DEBT-MARKET-VALUE>                              3,699
<EQUITIES>                                         949
<MORTGAGE>                                       1,969
<REAL-ESTATE>                                       86
<TOTAL-INVEST>                                  18,978
<CASH>                                              21
<RECOVER-REINSURE>                               1,342
<DEFERRED-ACQUISITION>                           1,412
<TOTAL-ASSETS>                                  24,338
<POLICY-LOSSES>                                 17,237
<UNEARNED-PREMIUMS>                                 49
<POLICY-OTHER>                                     178
<POLICY-HOLDER-FUNDS>                              204
<NOTES-PAYABLE>                                    908
<PREFERRED-MANDATORY>                              303
<PREFERRED>                                          0
<COMMON>                                           133
<OTHER-SE>                                       2,919
<TOTAL-LIABILITY-AND-EQUITY>                    24,338
<PREMIUMS>                                       1,049
<INVESTMENT-INCOME>                              1,202
<INVESTMENT-GAINS>                                  93
<OTHER-INCOME>                                     266
<BENEFITS>                                       1,307
<UNDERWRITING-AMORTIZATION>                         96
<UNDERWRITING-OTHER>                             (208)
<INCOME-PRETAX>                                    670
<INCOME-TAX>                                       226
<INCOME-CONTINUING>                                418
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       418
<EPS-PRIMARY>                                     3.94
<EPS-DILUTED>                                     3.91
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
No. 50972.

#### Protest 100291-K of Olavarria & Co., Inc. (New York).

Opinion by

Keefe, J.

At the trial the importer’s oath of short shipment was admitted in evidence for the sole purpose of establishing that it had been filed in compliance with the regulations. No attempt was made by the plaintiff to establish that there actually had been a nonimportation of the four bags of sugar in question. It was held that the plaintiff had failed to overcome the presumption of correctness attaching to the collector’s action. *(Altman*v. *United States,*13 Cust. Ct. 56, C. D. 868, followed.) The protest was therefore overruled.
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JAVIER RAIGOZA,

Plaintiff, No. CIV S-04-1208 GEB KJM

vs.

ARAMARK CORPORATION, et al.,

Defendants. ORDER

 /

The undersigned conducted a telephonic conference with counsel on August 18,

2005. Defendants have filed a letter brief addressing issues not discussed at the August 18, 2005

conference. Good cause appearing, IT IS HEREBY ORDERED that:

1. Plaintiff may file a letter brief, limited to two pages, addressing the issues

pertaining to depositions raised by defendants’ letter brief.

2. The matter thereafter will stand submitted. The hearing date of August 24,

2005 is vacated. 

DATED: August 22, 2005.

______________________________________

UNITED STATES MAGISTRATE JUDGE

006 raigoza.sub

Case 2:04-cv-01208-GEB -KJM Document 54 Filed 08/22/05 Page 1 of 1
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MELVIN RAY BRUMMETT JR.,

Plaintiff, No. CIV S-04-1797 GEB JFM P

vs.

CLAIR TESKE, et al.,

Defendants. ORDER

 /

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

42 U.S.C. § 1983. Plaintiff claims that defendants violated his rights under the Eighth

Amendment by failing to protect plaintiff from a known risk of serious injury and acting with

deliberate indifference to plaintiff’s serious medical needs during a period when he was

incarcerated at the Shasta County Jail. Plaintiff also raises a pendent state law negligence claim. 

On February 24, 2006, plaintiff filed a motion for summary judgment. On March

14, 2006, defendants Blankenship and Johnson filed an opposition to the motion, and on March

22, 2006, defendants Teske and Miller filed an opposition to the motion. None of the defendants

has filed a cross-motion for summary judgment.

On March 29, 2006, plaintiff filed a request for leave to amend his motion or for

denial of said motion without prejudice. Good cause appearing, plaintiff’s motion will be denied

Case 2:04-cv-01797-GEB -JFM Document 62 Filed 05/18/06 Page 1 of 2
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without prejudice. The deadline of September 1, 2006 for filing dispositive motions, set in the

scheduling order filed March 22, 2006, remains in full force and effect. 

In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s

February 24, 2006 motion for summary judgment is denied without prejudice. 

DATED: May 17, 2006.

12

brum1797.msjden 

Case 2:04-cv-01797-GEB -JFM Document 62 Filed 05/18/06 Page 2 of 2
Exhibit 23 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporationby reference in Registration Statement No. 333-141899 on Form S-3, and Registration Statement Nos. 333-93355, 333-70891, 333-13229, 333-151104, 333-149706 and 333-75395 on Form S-8 of our reports dated February 25, 2010, relating to theconsolidated financial statements and financial statement schedule of Westar Energy, Inc. and subsidiaries, and the effectiveness of Westar Energy, Inc. and subsidiaries’ internal control over financial reporting, appearing in this AnnualReport on Form 10-K of Westar Energy, Inc. for the year ended December 31, 2009. 

/s/ Deloitte & Touche LLP 

Kansas City, Missouri 

February 25, 2010
Exhibit 23


                  CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

   We consent to the incorporation by reference,

        (a)     In the Registration Statement (Form S-8, No. 33-14771)
                pertaining to Journal Employees' Stock Trust and in
                the related prospectus, and

        (b)     In the Registration Statement (Form S-8, No. 333-15669)
                pertaining to Journal Communications, Inc. Employees'
                Stock Trust submitted to the Securities and Exchange
                Commission for filing on November 5, 1996 with respect
                to 1,500,000 units of beneficial interest in said trust,
                and in the related prospectus of our report dated
                January 30, 1998 with respect to the consolidated
                financial statements of Journal Employees' Stock Trust
                included in this Annual Report (Form 10-K) for the year ended
                December 31, 1997.



                                                  ERNST & YOUNG LLP

     Milwaukee, Wisconsin
     March 30, 1998
No. 58543.

protests 226714-K, etc. (Los Angeles).

#### Colonial Optical Co. and Perryman, Mojonier Company et al. *v.*United States,

*444Opinion by

Wilson, J.

It was stipulated that the merchandise and issues are the same in all material respects as those the subject of *John P. Herber & Co., Inc.*v. *United States*(30 Cust. Ct. 193, C. D. 1519). In accordance with stipulation of counsel and following the cited case, the protests were dismissed, and the matters were remanded to a single judge sitting in reappraisement for determination of the value of the merchandise in the manner provided by law (28 U. S. C. § 2636 (d)).
Exhibit 32.1 - Certifications

                            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 General Steel  Holdings,  Inc. (the
"Company") on Form 10-QSB for the period ended  September 30, 2005 as filed with
the  Commission  on November  14, 2005 (the  "Report"),  I, Zuo Sheng Yu,  Chief
Executive Officer and President 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.

                                        By: /s/ Zuo Sheng Yu
                                           -------------------------------------
                                           Zuo Sheng Yu
                                           Chief Executive Officer and President


DATED: November 14, 2005
<TABLE> <S> <C>




<ARTICLE>   5
<MULTIPLIER> 1,000

<S>                                                         <C>

<PERIOD-TYPE>                                              3-MOS
<FISCAL-YEAR-END>                                          Sep-30-2001
<PERIOD-START>                                             Oct-01-2000
<PERIOD-END>                                               Dec-31-2000

<CASH>                                                               5,382
<SECURITIES>                                                             0
<RECEIVABLES>                                                        7,763
<ALLOWANCES>                                                             0
<INVENTORY>                                                              0
<CURRENT-ASSETS>                                                     3,026
<PP&E>                                                                   0
<DEPRECIATION>                                                           0
<TOTAL-ASSETS>                                                      88,293
<CURRENT-LIABILITIES>                                               19,484
<BONDS>                                                                  0
<PREFERRED-MANDATORY>                                                    0
<PREFERRED>                                                          2,600
<COMMON>                                                             1,234
<OTHER-SE>                                                          62,671
<TOTAL-LIABILITY-AND-EQUITY>                                        88,293

<SALES>                                                                  0
<TOTAL-REVENUES>                                                    37,290

<CGS>                                                               35,173
<TOTAL-COSTS>                                                       35,173
<OTHER-EXPENSES>                                                     1,175
<LOSS-PROVISION>                                                         0
<INTEREST-EXPENSE>                                                     231

<INCOME-PRETAX>                                                      1,241
<INCOME-TAX>                                                          (278)
<INCOME-CONTINUING>                                                      0
<DISCONTINUED>                                                           0
<EXTRAORDINARY>                                                          0
<CHANGES>                                                                0
<NET-INCOME>                                                           911
<EPS-BASIC>                                                         0.10
<EPS-DILUTED>                                                         0.10


</TABLE>
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-13-00242-CR

LINDA KAY PHARIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2

Parker County, Texas

Trial Court No. CCL1-11-0781

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Carter
2

MEMORANDUM OPINION

Linda Kay Pharis was convicted in a jury trial of nine offenses of cruelty to a livestock 

animal.1 She has appealed from each conviction. The cases were tried together, and a 

consolidated brief was filed raising the same issues as to each appeal. There are no distinctions 

among the appeals. We are, hereby, modifying the judgment to remove the “day for day” 

language. For the reasons set out in our opinion of this date in cause number 06-13-00234-CR, 

we likewise affirm her conviction in this appeal, as modified.

The judgment of the trial court is affirmed, as modified.

Jack Carter

Justice

Date Submitted: May 29, 2014

Date Decided: June 17, 2014

Do Not Publish

 1

Originally appealed to the Second Court of Appeals, this case was transferred to this Court by the Texas Supreme 

Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (West 2013). We are 

unaware of any conflict between precedent of the Second Court of Appeals and that of this Court on any relevant 

issue. See TEX. R. APP. P. 41.3.