alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TODD CURTIS WEST,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-504

_____________________________/

Opinion filed May 11, 2017. 

An appeal from the Circuit Court for Duval County.

Mark Hulsey, Judge.

Andy Thomas, Public Defender, and Pamela D. Presnell, Assistant Public 

Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

WETHERELL, OSTERHAUS, and M.K. THOMAS, JJ., CONCUR.
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should not be published and is not precedent except under the limited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. 08-20683

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

EDWIN MAURICIO ERAZO-VILLATORO, also known as Edwin Mouricio

Erazo, also known as Edwin Erazo Villatoro, also known as Edwin M. Erazo,

also known as Edwin M Erazo-Villatoro, also known as Hauricio Eraso-Villatoro,

also known as Edwin Mauricio Erazio, also known as Mauricio Eraso-Villatoro,

also known as Edwin Erazo-Villatoro, also known as Juan Luis Garcia, also

known as Edwin Mauricio Erazo

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:08-CR-319-ALL

Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.

PER CURIAM:*

Appealing the judgment in a criminal case, Edwin Mauricio ErazoVillatoro presents arguments that he concedes are foreclosed by United States

v. Cepeda-Rios, 530 F.3d 333, 335-36 (5th Cir. 2008), which held that even after

United States Court of Appeals

Fifth Circuit

F I L E D

April 30, 2009

Charles R. Fulbruge III

Clerk
No. 08-20683

2

Lopez v. Gonzales, 549 U.S. 47 (2006), a second state conviction for simple

possession of a controlled substance qualifies as an aggravated felony that

supports the imposition of an eight-level enhancement under U.S.S.G.

§ 2L1.2(b)(1)(C). The appellant’s motion for summary disposition is GRANTED,

and 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 Monterey Bay Tech, Inc., (the
"Registrant") on Form 10-KSB for the annual period ended December 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Alexandra Gonzalez, Chief Financial Officer of the Registrant,
certify, in accordance with 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:


      (1)   The Report, to which this certification is attached as Exhibit 32.2,
            fully complies with the requirements of section 13(a) 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 Registrant




Dated: April 21, 2005                             /s/ Alexandra Gonzalez
                                                  -----------------------
                                                  Alexandra Gonzalez
                                                  Chief Financial Officer



A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to the Registrant and will be
retained by the Registrant and furnished to the Securities and Exchange
Commission or its staff upon request.

This certification accompanies the Form 10-KSB to which it relates, is not
deemed filed with the Securities and Exchange Commission and is not to be
incorporated by reference into any filing of the Registrant under the Securities
Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after
the date of the Form 10-KSB), irrespective of any general incorporation language
contained in such filing.
#### State, *ex rel.*L. D. Carson, Ellen Crews and Virgie Bateman, *et vir,*v. Clyde Bateman, Chairman, J. A. Filligin, and J. C. Galloway, as and constituting the Board of Public Instruction of Liberty County, and T. Grady Shuler, as County Superintendent of Public Instruction of Liberty County.

180 So. 22.

Opinion Filed March 3, 1938.

Rehearing Denied April 13, 1938.

*Gregory &*Towles, for Relators ;

*Lewis Hall*and *Clyde W.*Atkinson, for Respondents.

Per Curiam.

The alternative writ of mandamus herein issued from this court commanded the respondent members of the Board of Public Instruction for Liberty County, Florida, to instanter convene as such Board and reinstate relators as teachers in the public school at Hosford, Florida, in Special Tax School District No. 6 of Liberty County, for the school- year 1937-1938, and to contract with them for their services as such teachers, and commanded the *626respondent County Superintendent of Public Instruction of Liberty County, Florida, to do and perform all acts necessary on his part to effectuate the carrying out of the other commands of the writ, or to show cause for not doing so.

A motion to quash the alternative writ was denied with leave to answer, in order that a full showing may be made of the rights asserted. Upon the filing of the answer, relators moved for a peremptory writ notwithstanding the answer; and if such averments are legally sufficient as a defense to the writ, a peremptory writ should be denied.

Upon consideration of the record it appears that the asserted rights of the relators to be employed as teachers have not been shown to be clearly established for enforcement by mandamus; that the teaching force of the district has been in operation for a large portion of the school term in general accord with a peremptory writ of. mandamus issued by the Circuit Court; and that the issue of a peremptory writ herein would cause confusion in the work of the schools to the detriment of the public welfare.

The court may refuse a peremptory writ of mandamus upon equitable considerations affecting the general good of the community where such considerations preponderate against an asserted right to the writ that is not clearly established. If relators have contract rights they may be reversed in appropriate actions.

Peremptory writ is denied and the cause is dismissed.

Ellis, C. J., and Whitfield, Terrell, 'Brown and Chapman, J. J., concur.

Buford, J., *not*participating.
#### Charles Ike, *Appellant, v.*Carman Frost and another, *Respondents.*

— Judgment affirmed, with costs. Opinion by Dykman, J.
Exhibit
32.2




Certification
of Chief Financial Officer


Pursuant
to


Section 906
of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)




In
connection with the Annual Report on Form 10-K for the year ended June 30, 2010
(the “Report”) of Full Circle Capital Corporation (the “Registrant”), as filed
with the Securities and Exchange Commission on the date hereof, I, William E.
Vastardis, the Chief Financial Officer of the Registrant, hereby certify, to the
best of my knowledge, that:




(1) The
Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; and




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




/s/    William
      E.
    VastardisName:
              William
      E. VastardisDate:
              September 28,
      2010
#### Parrett *v.*State.

In Banc.

Mar. 14, 1949.

(39 So. (2d) 272)

Edward Lindsey, for appellant.

*652R. 0. Arrington, Assistant Attorney General, for appellee.

Roberds, J.

Appellant was convicted of burglary and larceny, and sentenced to the penitentiary for five years.

*653On this appeal he argues oxily oxie alleged error in the lower court, and that was the refusal of the court to grant to him the following instruction:

“The Court instructs the jury for the defendaxit that the defendant is a competent witness in his own behalf and you have no right to discard his testimony or to look upon his testimony with suspicion merely because he is; the defendant. If you have no reason to disbelieve him other than the fact that he is the defendant then you should believe his testimony to be the truth.”

 This instruction was condemned by this Court in the cases of Coleman v. State, Miss., 22 So. (2d) 410, and Conn v. State, Miss., 1949, 38 So. (2d) 697.

Affirmed.
|                                                                                                      President                                                                                                     Toyota Auto Receivables Finance, LLC, as Depositor |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
#### IN THE MATTER OF THE APPLICATION OF WILLIAM DEGINA FOR A WRIT OF *HABEAS CORPUS.*

See same case below: 94 *N. J. Super.*267.

*Messrs. Goodman & O’Bea*for the petitioner.

*Mr. Guy W. Oalissi*and *Mr. Garlos Peay, Jr.*for the respondent.

May 29, 1967.

Denied.
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 Manhattan Scientifics, Inc. (the “Company”) on Form 10-K / A for the period ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Chris Theoharis, Chief Financial Officer of the Company, 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.




Date: November 19, 2010





/s/ Chris TheoharisChris TheoharisChief Financial Officer (Principal Financial Officer)




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

Norwest Home Improvement, Inc.
500 Riverhills Business Park
Suite 590
Birmingham, Alabama 35242
205/991-9550

Norwest Bank Minnesota, N.A.
l1000 Broken Land Parkway
Columbia, MD 21044-3562
Attention: Master Servicing

RE: Officer's Certificate

Dear Master Servicer:

The undersigned Officer certifies the following for the 1999 fiscal year:

(A) I have reviewed the  activities and  performance of the Servicer  during the
    preceding  fiscal  year under the terms of the  Servicing  Agreement,  Trust
    Agreement,  Pooling and Servicing Agreement and/or Seller/Servicer Guide and
    to the best of these Officers' knowledge,  the Servicer has fulfilled all of
    its  duties,   responsibilities   or  obligations   under  these  Agreements
    throughout  such  year,  or if there has been a default  or  failure  of the
    servicer to perform any of such duties,  responsibilities or obligations,  a
    description of each default or failure and the nature and status thereof has
    been reported to Norwest Bank Minnesota, N.A.;

(B) I have  confirmed  that the Servicer is currently an approved  FNMA or FHLMC
    servicer in good standing;

(C) I have confirmed that the Fidelity Bond, the Errors and Omissions  Insurance
    Policy  and any  other  bonds  required  under  the  terms of the  Servicing
    Agreement, Trust Agreement, Pooling and Servicing Agreement and/or
    Seller/Servicer Guide are in full force and effect;

(D) All premiums for each Hazard  Insurance  Policy,  Flood Insurance Policy (if
    applicable) and Primary  Mortgage  Insurance  Policy (if  applicable),  with
    respect  to each  Mortgaged  Property,  have  been  paid  and  that all such
    insurance policies are in full force and effect;

(E) All real  estate  taxes,  governmental  assessments  and any other  expenses
    accrued and due, that if not paid could result in a lien or  encumbrance  on
    any  Mortgaged  Property,  have been paid,  or if any such costs or expenses
    have not been paid with respect to any  Mortgaged  Property,  the reason for
    the non-payment has been reported to Norwest Bank Minnesota, N.A.;

(F) All Custodial Accounts have been reconciled and are properly funded; and

(G) All annual  reports of  Foreclosure  and  Abandonment  of Mortgage  Property
    required per section 6050H,  6050J,  and 6050P of the Internal Revenue Code,
    respectively, have been prepared and filed.


Certified By:

Officer

Vice President
Title

May 23, 2000
Date
#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TIMOTHY GEORGE CALDWELL AND LLOYD R. NEFF, DEFENDANTS-PETITIONERS.

*Mr. Peter Murray*and *Miss Cynthia M. Jacob*for the petitioners.

*Mr. Guy William Calissi*and *Mr. Richard F. Aronshon*for the respondent.

May 14, 1968.

Denied.
ABN AMRO

ABN AMRO Mortgage Group, Inc.

4242 North Harlem Avenue

Norridge, Illinois 60706 1283

www.mortgage.com

Management's Assertion on Compliance with the Minimum Servicing

Standards Set Forth in the *Uniform Single Attestation Program for
Mortgage Bankers

Report of Management

 

We, as members of management of ABN AMRO Mortgage Group, Inc. (AAMG, a wholly owned subsidiary of LaSalle Bank Corporation) are responsible for complying with the minimum servicing standards as set forth in the Mortgage Bankers Association of America's *Uniform Single Attestation Program for Mortgage Bankers* (USAP). We are also responsible for establishing and maintaining effective internal control over compliance with these standards. We have performed an evaluation of AAMG's compliance with the minimum servicing       standards as set forth in the USAP as of December 31, 2002 and for the year then ended. Based on this evaluation, we assert that during the year ended December 31, 2002, AAMG complied, in all material respects, with the minimum servicing standards set forth in the USAP except as described below.

Escrow funds were not returned to mortgagors within 30 calendar days of payoff for 2 out of the 25 loans tested.

As of and for this same period, LaSalle Bank Corporation had in effect a fidelity bond in the amount of $500,000,000 and an error and omissions policy in the amount of $25,000,000.

 

 
*Stanley Rhodes				
Stanley Rhodes					

President					
*Richard Geary

Richard Geary

Group Senior Vice President

 

January 20, 2003

 

 

 

 

 

 

Affiliate Banks and Other Lending Offices: ABN AMRO Mortgage, LaSalle Bank N.A., LaSalle Home Mortgage, Standard Federal Bank NA***
### PUBLISHED Filed: May 13, 2004



# UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT



#  C HARLESTON A REA M EDICALC ENTER , I NCORPORATED , Plaintiff-Appellee,

and S T . P AULF IRE & M ARINE I NSURANCE C OMPANY ,

Intervenor/Plaintiff,

v. P ARKE -D AVIS , a division of Warner Lambert; P FIZER , I NCORPORATED , its No. 02-2264



#  successor by merger,

Defendants-Appellants,

v. D ANNY A. R ADER , MD; T ERRI M ILES , RN; J OHN/J ANE D OE , MD; J ANE D OE , R.N.; J OHN/J ANE D OE , Pharmacist; J OHN/J ANE D OE , Pharmacy Technician; J OHN D OE , Agency/Corporation,

Third Party Defendants. 

# 

#  C HARLESTON A REA M EDICALC ENTER , I NCORPORATED , Plaintiff-Appellant,

and S T . P AULF IRE & M ARINE I NSURANCE C OMPANY ,

Intervenor/Plaintiff,

v. P ARKE -D AVIS , a division of Warner Lambert; P FIZER , I NCORPORATED , its No. 02-2303



#  successor by merger,

Defendants-Appellees,

D ANNY A. R ADER , MD; T ERRI M ILES , RN; J OHN/J ANE D OE , MD; J ANE D OE , R.N.; J OHN/J ANE D OE , Pharmacist; J OHN/J ANE D OE , Pharmacy Technician; J OHN D OE , Agency/Corporation,

Third Party Defendants. 

# 

ORDER After our order had been entered referring this case to the West Virginia Supreme Court of Appeals, a question has arisen as to whether or not Parke-Davis and Pfizer, the drug companies involved, have been released because of the settlement agreement and order in the settlement proceeding entered July 15, 1998 in the West Virginia State Court. Accordingly, we request the West Virginia Supreme Court of Appeals to defer action on our order of reference so that we may remand the case to the United States District Court from which the 2 C HARLESTON A REA M EDICAL C ENTERv. P ARKE -D AVISappeal was taken for the limited purpose of examining the question of whether or not Parke-Davis and Pfizer have been or have not been so released. A reply from the West Virginia Supreme Court of Appeals is respectfully requested at its convenience. With the concurrences of Judge Wilkinson and Judge Niemeyer.
/s/ H.E. Widener, Jr. For the Court 3 C HARLESTON A REA M EDICAL C ENTERv. P ARKE -D AVIS
FILED

United States Court of Appeals

Tenth Circuit

June 11, 2013

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

ROBERT MICHAEL ACKER,

Petitioner-Appellant,

v.

WALTER DINWIDDIE, Warden,

Respondent-Appellee.

No. 13-5038

(D.C. No. 4:10-CV-00114-GKF-FHM)

(N.D. Okla.)

ORDER DENYING CERTIFICATE OF APPEALABILITY*

Before HARTZ, O’BRIEN, and GORSUCH, Circuit Judges.

In 2007 an Oklahoma state court convicted Robert Acker on drug, firearms,

and other charges, and sentenced him to thirty years’ imprisonment. On direct

appeal in state court, Mr. Acker pressed six arguments for reversal but to no avail. 

He then raised the same six arguments in a federal habeas petition under 28

U.S.C. § 2254, with the same result. Now, he requests a certificate of

appealability (COA) to contest the district court’s ruling.

We discern no ground on which to grant Mr. Acker a COA because he

offers us none. Instead, his COA application does no more than list four of the

* This order is not binding precedent except under the doctrines of law of

the case, res judicata, and collateral estoppel. It may be cited, however, for its

persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
grounds he raised below, without any argument or development. To be sure, it is

well-settled that we read a pro se litigant’s petition with a special solicitude. But

we are not his advocates, and we cannot create arguments on his behalf out of

whole cloth. It is his burden to show that “reasonable jurists could debate

whether (or, for that matter, agree that)” the district court erred, or even just that

“the issues presented were adequate to deserve encouragement to proceed

further.” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (internal quotation marks

omitted). Mr. Acker does not even make the attempt.

Neither in any event are we able to detect for ourselves any error in the

district court’s seventeen-page opinion. The district court carefully considered

each argument Mr. Acker raises so briefly before us, and we see no basis for

thinking a reasonable jurist could doubt the correctness of the district court’s

disposition. Mr. Acker’s application for a COA is denied and this appeal is

dismissed.

ENTERED FOR THE COURT

Neil M. Gorsuch

Circuit Judge

- 2 -
#### Isak Goodman, Adm’r, etc., v. The Dry Dock, East Broadway & Battery Railroad Company.

Appeal dismissed, without costs to either party.
#### ANTHONY PROVENZANO, PLAINTIFF-PETITIONER, v. BUILDING SERVICES CORPORATION OF NEW JERSEY, DEFENDANT-RESPONDENT.

*Messrs.*Warren, Ghasan, *Leyner & Holland*for the petitioner.

*Messrs. Beggans & Keale*and *Mr. Geoffrey Gaullcin*for the respondent.

May 16, 1967.

Denied.
#### William B. Slocum, *Appellant, v.*John W. Blauvelt, *Executor, etc.,*Respondent.

Judgment reversed and new trial granted. Order of reference vacated. Opinion by Barnard, P. J.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-7896

RICARDO BROWN,

Petitioner - Appellant,

versus

ARTHUR F. BEELER, Warden, F.M.C. Butner, North

Carolina,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Malcolm J. Howard, District

Judge. (CA-02-HC-545-5-H)

Submitted: March 20, 2003 Decided: March 27, 2003

Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Ricardo Brown, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Ricardo Brown, a federal prisoner, appeals the district

court’s order denying relief on his petition filed under 28 U.S.C.

§ 2241 (2000). We have reviewed the record and find no reversible

error. Accordingly, we deny Brown’s motions for a writ of habeas

corpus and oral argument, and affirm the dismissal of his petition

for the reasons stated by the district court. See Brown v. Beeler,

No. CA-02-HC-545-5-H (E.D.N.C., filed Sept. 11, 2002; entered

Sept. 12, 2002). 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
EX-32
     SECTION 1350 CERTIFICATION OF JOHN FLEMING

                 SECTION 1350 CERTIFICATION

In connection with the annual report of GameZnFlix, Inc.
("Company") on Form 10-KSB for the year ended December 31, 2004 as
filed with the Securities and Exchange Commission ("Report"), the
undersigned, in the capacity and on the date indicated below, hereby
certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(18 U.S.C. Section 1350) that to his 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: March 30, 2005                  By: /s/  John Fleming
                                       John Fleming,
                                       Chief Executive Officer


Dated: March 30, 2005                  By: /s/  Arthur DeJoya
                                       Arthur DeJoya,
                                       Chief Financial Officer