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



### UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

WILLIAM F. FORREST, a single man; WENDY SMITH, a single woman; MICHELLE MARTINEZ, a single woman; JODI MILLER, a married woman; KENNETH TURNER, a married man,

Plaintiffs

- Appellants

,

v.

KEITH SPIZZIRRI; MIRIAM SPIZZIRRI, husband and wife; KEN MARING; MARING, Unknown; a married couple, named as Jane Doe Maring; CYNTHIA MOORE; MOORE, Unknown; a married couple, named as John Doe Moore; UNKNOWN PARTY, husband named
as Pat Doe and wife, named as Jane Doe I; JOHN DE LA CRUZ; DE LA CRUZ, Unknown; a ma rried couple, named as Jane Doe De La Cruz; INTELLIQUICK DELIVERY, INC., an Arizona corporation; MAJIK LEASING LLC, an Arizona corporation; MAJIK ENTERPRISES I, INC., an Arizona corporation,

Defendants

-

Appellees

. No. 22

- 16051

D.C. No.

2:21

- cv

- 01688

- GMS

ORDER2 F ORREST V

. S PIZZIRRI

On Remand from the United States Supreme Court

Filed June 25, 2024

Before: Susan P. Graber

, Mark J. Bennett , and Roopali H.

Desai , Circuit Judges.

SUMMARY *

Arbitration

Following the Supreme Court’s opinion in Forrest v. Spizzirri , 144 S. Ct. 1173 (2024), reversing and remanding to this court, the panel remanded the case to the district court for further proceedings consistent with the Supreme Court’s
decision.

COUNSEL

Nicholas J. Enoch, Clara S. Bustamante, Morgan L. Bigelow, and Daniel L. Geyser, Lubin & Enoch PC, Phoenix, Arizona, for Plaintiffs

- Appellants.

Laurent R.G. Badoux, Robert M. Dato, and Paul A. Alarcón,
Buchalter A Professional Corporation, Scottsdale, Arizona,
for Defendants

- Appellees.

* This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.F ORREST V

. S PIZZIRRI 3

ORDER

Th e United States Supreme Court reversed and remanded this case to this court for further proceedings. See Forrest v. Spizzirri

, --- U.S.

---- , 144 S. Ct. 1173 , 2024 WL 2193872 (May 16, 2024). We remand this case to the district court for further proceedings consistent with the Supreme
Court’s decision.

The copy of this order shall act as and for the mandate of
this court.

REMANDED.
EXHIBIT 32.2

                  CERTIFICATION OF THE CHIEF FINANCIAL 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 amendment no. 2 to the Annual Report of Transax
International Ltd. (the "Company") on Form 10-KSB for the period ended December
31, 2005, as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Adam Wasserman, Chief Financial Officer of the
Company, certify for the purpose of complying with Rule 13a-14(b) or Rule
15d-14(b) of the Securities Exchange Act of 1934 (the "Exchange Act") and
Section 1350 of Chapter 63 of Title 18 of the United States Code, that:

   1. the Report fully complies with the requirements of Section 13(a) or 15(d)
      of the Exchange Act; 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: October 13, 2006              By: /s/ Adam Wasserman
                                         ------------------
                                         Adam Wasserman, Chief Financial Officer
* Pursuant to 5th Cir. R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-51028 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus TANISHA TEMPLETON, also known as Juna Marie Mitchell, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. MO-98-CR-ALL

-------------------- September 7, 2000 Before REAVLEY, DeMOSS and BENAVIDES, Circuit Juges.
PER CURIAM: * Tanisha Templeton ("Templeton") appeals from her conviction for possession of more than five grams of cocaine base in violation of 21 U.S.C. § 844. Her conviction was based on a conditional plea, and Templeton now asserts that the district court erred in denying her motion to suppress. Because we conclude that Templeton lacks standing to raise a Fourth Amendment challenge to the seizure of evidence we affirm the judgment of the district court.No. 99-51028 -2- Templeton argues that she maintained a reasonable expectation of privacy in a purse and duffle bag located within a motel room that was searched by police after obtaining consent to search from Templeton's sister. Templeton asserts on appeal that the container with the cocaine found inside the duffle bag should have been suppressed. A review of the evidence at the suppression hearing, however, shows that Templeton denied staying in the motel room where the duffle bag was located and claimed ownership of only the purse. Therefore, Templeton lacked a reasonable expectation of privacy in a search of the room or the duffle bag. See United States v. Boruff , 909 F.2d 111, 116 (5th Cir. 1990); United States v. Alvarez , 6 F.3d 287, 289 (5th Cir. 1993). Additionally, evidence other than that found in the purse connected Templeton to the cocaine seized by police.
AFFIRMED.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

CHRISTOPHER M. REDMOND,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 720 MAL 2018

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 12th day of March, 2019

, the Petition for Allowance of Appeal is

DENIED

.
IN THE SUPREME COURT OF ALABAMA

April 19, 2024

SC-2023-0827

Ex parte Michael Dale Iervolino. PETITION FOR WRIT OF 

CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: 

Michael Dale Iervolino v. State of Alabama) (St. Clair Circuit Court: CC20-426; Criminal Appeals: CR-21-0283).

CERTIFICATE OF JUDGMENT

WHEREAS, the petition for writ of certiorari in the above 

referenced cause has been duly submitted and considered by the 

Supreme Court of Alabama and the judgment indicated below was 

entered in this cause on April 19, 2024:

Writ Denied. No Opinion. Bryan, J. -- Parker, C.J., and Shaw, 

Wise, Sellers, Mendheim, Stewart, Mitchell, and Cook, JJ., concur.

NOW, THEREFORE, pursuant to Rule 41, Ala. R. App. P., IT IS 

HEREBY ORDERED that this Court's judgment in this cause is certified 

on this date. IT IS FURTHER ORDERED that, unless otherwise ordered 

by this Court or agreed upon by the parties, the costs of this cause are 

hereby taxed as provided by Rule 35, Ala. R. App. P.

I, Megan B. Rhodebeck, certify that this is the record of the judgment of the Court, witness 

my hand and seal.

Clerk, Supreme Court of Alabama
# Search Census Archive

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# C_2008162EN.01008501.xml

| 25.6.2008 | EN | Official Journal of the European Union | C 162/85 |
| --- | --- | --- | --- |

25.6.2008

EN

Official Journal of the European Union

C 162/85

---

Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council on the contained use of genetically modified micro-organisms (Recast)

COM(2007) 736 final — 2007/0259 (COD)

(2008/C 162/18)

On 10 January 2008 the Council decided to consult the European Economic and Social Committee, under Article 175 of the Treaty establishing the European Community, on the

Proposal for a Directive of the European Parliament and of the Council on the contained use of genetically modified micro-organisms (Recast)

Proposal for a Directive of the European Parliament and of the Council on the contained use of genetically modified micro-organisms (Recast)

Since the Committee unreservedly endorses the contents of the proposal and has already set out its views on the subject in its earlier opinions CESE 1235/1988, adopted on 24 November 1988 (1), and CESE 887/1996, adopted on 10 July 1996 (2), it decided, at its 442nd plenary session, held on 13 and 14 February 2008 (meeting of 13 February), by 133 votes to 2 with 3 abstentions to issue an opinion endorsing the proposal and to refer to the position it had taken in the above-mentioned documents.

1

2

Brussels, 13 February 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---

(1)  Opinion of the Economic and Social Committee on the proposal for a Council Directive on the contained use of genetically modified micro-organisms — COM(1988) 160 final (OJ C 23 of 30.1.1989, p. 45).

1

(2)  Opinion of the Economic and Social Committee on the proposal for a Council Directive amending Directive 90/219/EEC on the contained use of genetically modified micro-organisms — COM(1995) 640 final (OJ C 295 of 7.10.1996, p. 52).

2

---
Before the First Division,

June 16, 1959

No. 63173.

#### Shoma Tojo *v.*United States,

*protest*214301-K (Honolulu).

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of so-called chixexers the same in all material respects as those the subject of *Inter-Maritime Forwarding Co., Inc.*v. *United States*(45 C.C.P.A. 125, C.A.D. 685), the claim of the plaintiff was sustained.
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 Annual Report of Sitestar Corporation. (the Company) on Form 10-KSB for the period ending December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, Frank Erhartic, Jr., Chief Executive Officer and President of the Company, and Daniel Judd, Chief Financial Officer of the Company, respectively, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



1.

The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



2.

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





/s/ Frank Erhartic, Jr.

/s/ Daniel Judd

Frank Erhartic, Jr.

Daniel Judd

Chief Executive Officer and President

Chief Financial Officer

March 28, 2005

March 28, 2005
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 Quarterly Report of FLATBUSH FEDERAL BANCORP, INC. (the “Company”) on Form 10-Q for the period ending June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), we, Jesus R. Adia, President and Chief Executive Officer of the Company and John S. Lotardo,
Executive Vice President and Chief Financial Officer, 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.
 
 The purpose of this statement is solely to comply with Title 18, Chapter 63, Section 1350 of the United States Code, as amended by Section 906 of the Sarbanes-Oxley Act of 2002.
 
 
 /s/ Jesus R. AdiaJesus R. AdiaPresident andChief Executive Officer/s/ John S. LotardoJohn S. LotardoExecutive Vice President andChief Financial Officer
 
 Date: August 14, 2009
J-S48021-15 

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF 

: PENNSYLVANIA 

 Appellee :

:

 v. :

:

PAUL RONALD SABO, :

:

 Appellant : No. 2003 WDA 2014 

Appeal from the Judgment of Sentence October 3, 2014, 

Court of Common Pleas, Westmoreland County, 

Criminal Division at No. CP-65-CR-0003828-2012 

BEFORE: PANELLA, DONOHUE and WECHT, JJ. 

JUDGMENT ORDER BY DONOHUE, J.: FILED AUGUST 11, 2015 

 Paul Ronald Sabo (“Sabo”) appeals from the judgment of sentence 

entered following his convictions of aggravated assault, simple assault, 

recklessly endangering another person, and endangering the welfare of 

children.1 Sabo was charged with these crimes based upon allegations that 

he abused his girlfriend’s two-year-old daughter. On October 3, 2014, Sabo 

entered a negotiated plea, which provided that he would plead guilty to 

these offenses in exchange for a sentence of thirty to sixty-six months of 

incarceration. Sabo subsequently filed a motion seeking to withdraw his 

guilty plea, alleging that it was not entered into knowingly, intelligently or 

voluntarily. Following a hearing, the trial court denied the motion.2 

 

1

 18 Pa.C.S.A. §§ 2702, 2701, 2705, 4304. 

2

 It became clear at the hearing that Sabo was claiming that his counsel 

induced his plea. As noted by counsel and the trial court, this claim is 

properly raised through a PCRA petition. N.T., 11/13/14, at 2-4, 8. 
J-S48021-15 

- 2 - 

 This timely appeal follows, in which Sabo presents only the following 

issue for our review: “Did the [t]rial [c]ourt err in failing to offer [Sabo] the 

opportunity to offer testimony in support of his request to withdraw his 

guilty plea?” Sabo’s Brief at 3. Sabo did not include this issue in his courtordered statement of matters complained of on appeal. It is well settled 

that issues not included in a court-ordered Rule 1925(b) statement of 

matters complained of are waived for purposes of appeal. Commonwealth 

v. Jackson, 10 A.3d 341, 347 n.4 (Pa. Super. 2010); Pa.R.A.P.

1925(b)(4)(vii). Our Supreme Court has repeatedly reiterated that this is a 

bright-line rule and that “in order to preserve their claims for appellate 

review, appellants must comply whenever the trial court orders them to file 

a [s]tatement of [m]atters [c]omplained of on [a]ppeal pursuant to 

Pa.R.A.P. 1925. Any issues not raised in a Pa.R.A.P. 1925(b) statement will 

be deemed waived.” Commonwealth v. Castillo, 888 A.2d 775, 780 (Pa. 

2005); see also Commonwealth v. Hill, 16 A.3d 484, 494 (Pa. 2011). 

Here, as the trial court ordered Sabo to file a statement of matters 

complained of on appeal and he failed to include this issue therein, we must 

find that it has been waived. As the issue presented in this appeal has not 

been preserved properly, we quash. 

Appeal quashed. 

Judgment Entered. 
J-S48021-15 

- 3 - 

Joseph D. Seletyn, Esq. 

Prothonotary 

Date: 8/11/2015
EXHIBIT 32.2
                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Form 10-KSB/A of MEDIANET GROUP TECHNOLOGIES, INC.
(formerly Clamshell Enterprises, Inc.) (the "Company") on Form 10-KSB for the
period ending December 31, 2003, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Ivan Bial, Principle 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
my knowledge and belief:

         (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 the Company.


/s/ Ivan Bial
Ivan Bial
Director, Secretary and
Principle Financial Officer


May 13, 2004
~D sr~ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

f ~ REGION IX

~ _____ 75 Hawthorne Street \~ ~/ San Francisco, CA 94105-3901

APR 20 2016

Mr. Kenneth Joe Frazier, Plant Manager

Salt River Project

Navajo Generating Station

P.O. Box 850

Page, Arizona 86040

Re: Final Permit Decision for Navajo Generating Station RCTS Project

Minor NSR Permit T-0004-NN

Dear Mr. Frazier:

In accordance with the Clean Air Act (CAA), as amended (42 U.S.C 7401 et seq.), the U.S.

Environmental Protection Agency, Region 9 (EPA) has reviewed your application for a CAA Tribal

Minor New Source Review permit authorizing the construction and operation of a Refined Coal

Treatment System at the Navajo Generating Station.

Your signed permit and our notice announcing EPA’s final permit decision is enclosed. Your permit

becomes effective 30 days after the service of notice of this final permit decision, unless a petition for

appeal is properly and timely filed with EPA’s Environmental Appeals Board (EAB). In the event a

petition for review is filed, construction of the Navajo Generating Station RCTS Project cannot begin

under this permit until resolution of the EAB petition(s). The final permit, Response to Comments

document and other key documents relevant to the final permit are also available through a link at our

website, https://www.epa. gov/caa-permittingltribal-nsr-permits-region-9, or at www.regulations.gov

(search: EPA-R09-OAR-20 16-0026).

If you have any questions concerning this matter, please contact Larry Maurin at 415-972-3943 or

maurin.lawrence@epa.gov.

Enclosure

cc: Kyle Heckel, SRP (via email)

Donald Benn, Navajo Nation EPA

Eugenia Quintana, Navajo Nation EPA (via email)

Sincerel

Director, Air Division

Printed on I000o Postconsumer Recycled Pape,: Process Chlorine Free.
**Exhibit31(b)**

**CERTIFICATION**

I, William R. Talley, Jr., certify that:

1.               I have reviewed this quarterly report on Form 10-Q of FrederickCounty Bancorp, Inc.;

2.               Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;

3.               Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this report;

4.               The registrant’s other certifying officer and I are responsiblefor establishing and maintaining disclosure controls and procedures (as definedin Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a)          Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated 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 disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures as of the end of theperiod covered by this report based on such evaluation; and

(c)          Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and

5.               The registrant’s other certifying officer and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):

(a)             All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonablylikely 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 orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.

 
| Date: July 25, 2006 |   | /s/ William R.  Talley, Jr. |   |
|---------------------|--------|-----------------------------|--------|
|                |   | William R. Talley, Jr.      |
|                |   | Executive Vice President    |
|                |   | Chief Financial Officer     |

 

----
December 24, 1941

No. 46754.

Suit 4345.

#### *Canadian National Steamship Co., Ltd.*v. *United States.*

C. D. 408 reversed. C. A. D. 180.
<page>

                                  EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

    In connection with the annual report of AcuNetx, Inc. (the "Company") on
Form 10-KSB for the year ended December 31, 2007 as filed with the Securities
and Exchange Commission (the "Report"), I, President and Chief Executive 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.

Date: March 31, 2008

                       By: /s/ RONALD A. WALDORF
                           ---------------------
                           Ronald A. Waldorf,
                           President and Chief Executive Officer

This Certification is being furnished solely to accompany the Report pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, and shall not be deemed "FILED" by the Company for purposes of
Section 18 of the Securities Act of 1933, as amended, or the Securities Exchange
Act of 1934, as amended, whether made before or after the date of this Report,
irrespective of any general incorporation language contained in such filing.
No. 48575.

#### Protest 71642-K of B. R. Anderson & Co. (Seattle).

Opinion by

Cole, J.

In view of stipulation of counsel entered into at the trial, and section 508, Tariff Act of 1930 (19 U. S. C. 1940 ed. § 1508), since the value of each class of such merchandise could not be readily ascertained by the customs officers all the merchandise was held dutiable at 10 percent under paragraph^34, as claimed by valid amendment to the protest.