alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-13-00158-CR

Hazel Dolores VERA,

Appellant

v.

The STATE of

The STATE of Texas,

Appellee

From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR7719W

Honorable Philip A. Kazen Jr., Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: May 15, 2013

DISMISSED FOR WANT OF JURISDICTION

Appellant Hazel Dolores Vera pled nolo contendere to possession of less than one gram 

of cocaine. On September 20, 2012, Appellant’s adjudication of guilt was deferred and she was 

placed on community supervision. On February 19, 2013, the trial court amended Appellant’s 

conditions of community supervision. Appellant seeks to appeal from the trial court’s order 

modifying the conditions of her deferred adjudication. 

On May 1, 2013, we notified Appellant that “an order modifying the terms or conditions 

of deferred adjudication is not in itself appealable.” Davis v. State, 195 S.W.3d 708, 711 (Tex. 
04-13-00158-CR

- 2 -

Crim. App. 2006); see Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). We ordered 

Appellant to show cause in writing why her appeal should not be dismissed for want of 

jurisdiction. 

In her May 2, 2013 response to our May 1, 2013 order, Appellant’s counsel agreed that 

this court lacks jurisdiction to hear Appellant’s appeal. Because the order modifying the terms of 

Appellant’s deferred adjudication is not an appealable order, we dismiss this appeal for want of 

jurisdiction. See Davis, 195 S.W.3d at 711; Basaldua, 558 S.W.2d at 5.

PER CURIAM

DO NOT PUBLISH
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<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMO
VOLTEK CORP.'S QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED MARCH 29,
1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
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</TABLE>
Exhibit
13.2




CERTIFICATION
PURSUANT TO


RULE
13a-14(b)/RULE 15d-14(b) UNDER THE EXCHANGE ACT


AND
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 Fundtech Ltd. (the “Company”) on Form 20-F
for the year ended December 31, 2008 as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, Yoram Bibring, 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:
June 12, 2009




/s/ Yoram BibringName:
      Yoram BibringTitle:
      Chief Financial Officer(Principal
      Financial Officer)




A signed
original of this written statement required by Section 906 of the Sarbanes Oxley
Act of 2002 has been provided to Fundtech Ltd. and will be retained by Fundtech
Ltd. and furnished to the Securities and Exchange Commission or its staff upon
request.
No. 54287.

#### Geo. Wm. Rueff, Inc. *v.*United States,

protest 134594-K/12930 (New Orleans).

Opinion by

Johnson, J.

At the trial it was agreed that all of the customs regulations, with the exception of the affidavit of short shipment, were complied with. The evidence established that there was a shortage of 10 bags of alfalfa seed amounting to 1,528 pounds. On the record presented and following *United States*v. *Browne Vintners Co., Inc.*(34 C. C. P. A. 112, C. A. D. 351), the collector was directed to reliquidate the entry and refund all duties taken upon the 10 bags of alfalfa seed reported by the discharging inspector as short of permit. The protest was sustained to this extent.
No. 48146.

#### Protests 810327-G, etc., of Ernest E. Marks Co. (New York).

Opinion by

Cole, J.

It was stipulated that the merchandise in question consists of Norgine F the same in all material respects as that passed upon in *United States*v. *Betz*(30 C. C. P. A. 16, C. A. D. 208), which case was incorporated herein, wherein it was held that the merchandise was not seaweeds, manufactured, but rather a manufacture of seaweeds. Since there is no provision in the Tariff Act of 1930 for a manufacture of seaweeds, the court held the merchandise in the incorporated case dutiable as a nonenumerated manufactured article at 20 percent ad valorem under paragraph 1558. On the stipulated facts the protests herein were accordingly sustained to that extent.
<TABLE> <S> <C>

<ARTICLE> 5
       
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<SECURITIES>                                   451,584
<RECEIVABLES>                                  723,245
<ALLOWANCES>                                         0
<INVENTORY>                                    500,000
<CURRENT-ASSETS>                             1,852,517
<PP&E>                                       6,773,102
<DEPRECIATION>                               1,615,294
<TOTAL-ASSETS>                              11,860,586
<CURRENT-LIABILITIES>                        2,142,716
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     34,117
<COMMON>                                        53,138
<OTHER-SE>                                   3,932,677
<TOTAL-LIABILITY-AND-EQUITY>                11,860,586
<SALES>                                              0
<TOTAL-REVENUES>                             2,982,435
<CGS>                                                0
<TOTAL-COSTS>                                1,653,060
<OTHER-EXPENSES>                               846,310
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             616,634
<INCOME-PRETAX>                              (132,636)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (132,636)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              (699,774)
<CHANGES>                                            0
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<EPS-PRIMARY>                                   (0.23)
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</TABLE>
IV 

110TH CONGRESS 

1ST SESSION H. CON. RES. 2 

Expressing the sense of the Congress that schools in the United States 

should honor the contributions of individuals from the territories of 

the United States by including such contributions in the teaching of 

United States history. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2007 

Mrs. CHRISTENSEN submitted the following concurrent resolution; which was 

referred to the Committee on Education and Labor 

CONCURRENT RESOLUTION 

Expressing the sense of the Congress that schools in the 

United States should honor the contributions of individuals from the territories of the United States by including such contributions in the teaching of United States 

history. 

Whereas individuals from Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern 

Mariana Islands have contributed to many aspects of the 

history and culture of the United States, including its 

politics, athletics, and music; 

Whereas many students do not know the location or the significance of these places; 


ccoleman on PROD1PC71 with BILLS
2 

•HCON 2 IH 

Whereas the diversity of the citizens of the United States 

strengthens the Nation, and individuals from the territories of the United States contribute to that diversity; 

and 

Whereas it is important for students to study the history of 

these geographic areas as part of United States history: 

Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of the Congress that 

3 schools in the United States should honor the contribu4 tions of individuals from Puerto Rico, the United States 

5 Virgin Islands, American Samoa, Guam, and the Northern 

6 Mariana Islands by including such contributions in the 

7 teaching of United States history. 

Æ 


ccoleman on PROD1PC71 with BILLS
<SEQUENCE>2
<FILENAME>mcert311-123103.txt                Exhibit 31.1

CERTIFICATIONS

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Carl E. Midkiff, Chief Executive Officer, certify that:

1.	I have reviewed this report on Form 10-Q of Uptowner
Inns, Inc.;

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

3.	Based on my knowledge, the financial statements, and
other financial information included in this quarterly
report, fairly present in all material respects the
financial condition, results of operations and cash flows
of the registrant as of, and for, the periods presented
in this quarterly report.

         4.	The registrant's other certifying officer and I are
responsible for establishing and maintaining disclosure
controls and procedures (as defined in Exchange Act Rules
13a-14 and 15d-14) for the registrant and have:

a)	designed such disclosure controls and
procedures to ensure that material
information relating to the registrant,
including its consolidated subsidiary is
made known to us by others within those
entities, particularly during the period in
which this quarterly report is being
prepared;

b)	evaluated the effectiveness of the
registrant's disclosure controls and
procedures as of a date within 90 days prior
to the filing date of this quarterly report
(the "Evaluation Date"); and

c)	presented in this quarterly report our
conclusions about the effectiveness of the
disclosure controls and procedures based on
our evaluation as of the Evaluation Date;





- 1 -
<PAGE>
         5.	The registrant's other certifying officer and I have
disclosed, based on our most recent evaluation, to the
registrant's auditors and the audit committee of the
registrant's board of directors:

a)	all significant deficiencies in the design or
operation of internal controls which could
adversely affect the registrant's ability to
record, process, summarize and report
financial data and have identified for the
registrant's auditors any material weaknesses
in internal controls; and

b)	any fraud, whether or not material, that
involves
management or other employees who have a
significant role in the registrant's internal
controls; and


6.	The registrant's other certifying officer and I have
indicated in this quarterly report whether there were
significant changes in internal controls or in other
factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation,
including any corrective actions with regard to
significant deficiencies and material weaknesses.



	/s/ Carl E. Midkiff
	Chief Executive Officer
	February 16, 2004



















- 2 -
<PAGE>
**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 China BAK Battery, Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2006 as filed with the Securities Exchange Commission on the date hereof (the “Report”). I, Li Xiangqian, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

|   | 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. |
|   |                                                                                                                                                    |   |
|   |                                                                                                                                                    |   |
| By:    | /s/ Li   Xiangqian                                                                                                                                      |   |
|   |                                                                                                                                                         |   |
|   | Li Xiangqian                                                                                                                                            |   |
|   | Chief   Executive Officer                                                                                                                               |   |
|   | May 10, 2006                                                                                                                                            |   |
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT LEE JENKINS, 

Plaintiff-Appellant, 

 v. 

TED BLOOM; S. CAMPAIGNE; K. 

THOMPSON; D. CHAMBERLAIN, 

Corrections Captain; K. HOFFMAN, 

Defendants-Appellees.

No. 19-17416 

D.C. No. 3:19-cv-05762-WHA 

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

William Alsup, District Judge, Presiding

Submitted June 15, 2022**

Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.

California state prisoner Robert Lee Jenkins appeals pro se from the district 

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging First Amendment 

violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUN 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 19-17416 

district court’s dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 

443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Jenkins’s action because Jenkins failed 

to allege facts sufficient to state a plausible claim. See Hebbe v. Pliler, 627 F.3d 

338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a 

plaintiff must allege facts sufficient to state a plausible claim); Rhodes v. Robinson, 

408 F.3d 559, 567-68 (9th Cir. 2005) (elements of a First Amendment retaliation 

claim in the prison context); see also Gonzalez v. Planned Parenthood of L.A., 759

F.3d 1112, 1115 (9th Cir. 2014) (although the court accepts as true factual 

allegations in a complaint, it need not accept as true allegations that contradict 

matters incorporated by reference).

AFFIRMED.
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<PAGE>
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<MULTIPLIER> 1,000,000

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<PERIOD-TYPE>                   4-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                              78
<SECURITIES>                                         0
<RECEIVABLES>                                    3,595
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<OTHER-EXPENSES>                                 9,845
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<INTEREST-EXPENSE>                                 736
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<INCOME-TAX>                                       800
<INCOME-CONTINUING>                              1,102
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</TABLE>
Not for publication in West's Federal Reporter Citation Limited Pursuant to 1st Cir. Loc. R. 32.3 

# United Stat es Court of Appeals

For the First C ircuit

No. 03-1883 IRVING ORTIZ-PAGAN, Plaintiff, Appellant,

v. COMMISSIONER OF SOCIAL SECURITY, Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Carmen Consuelo Cerezo, U.S. District Judge]
Before Campbell, Senior Circuit Judge , Torruella and Selya, Circuit Judges .

Salvador Medina de la Cruz on brief for appellant. Robe rt J. Triba , Regional Chief Counsel, Social Security Administration, H.S. Garcia , United States Attorney, Camille VelezRive , Assistant United States Attorney, on brief for appellee.
January 9, 20042 Per Curiam . Af ter careful review of the briefs and record on appeal, we affirmthe decision below.

The appellant argues that the Commissio ne r erred in failing to consult a vocational expert, given his nonexertional impairments. However, such vocational evidence would have been required only if the appellant's impairments had significantly reduced his occupational base. Ortíz v. Sec'y of Health and Human Serv. , 8 90 F.2d 520 (1 st Cir. 1989). The record contained substantial evidence to support the Commissioner's determination that the appellant retained the full capacity fo r ligh t work. Irlanda Ortiz v. Sec'y of Health and Human Serv. , 955 F.2d 765 (1 st Cir. 1991). It was the Commissioner's prerogative to weigh the evidence and resolve any conflicts. Rodríguez v. Sec'y of Health and Human Serv. , 647 F.2d 218 (1 st Cir. 1981).

Affirmed . 1 st Cir. R. 27(c).
IV 

110TH CONGRESS 

2D SESSION H. CON. RES. 295 

Expressing the deepest appreciation of Congress to the families of members 

of the United States Armed Forces. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2008 

Mr. BILIRAKIS submitted the following concurrent resolution; which was 

referred to the Committee on Armed Services 

CONCURRENT RESOLUTION 

Expressing the deepest appreciation of Congress to the 

families of members of the United States Armed Forces. 

Whereas more than 2,000,000 Americans are demonstrating 

their devotion to the United States and freedom by serving in the United States Armed Forces; 

Whereas there are a multitude of family members, including 

mothers, fathers, siblings, spouses, and children, supporting each member of the Armed Forces; 

Whereas, even in peacetime, the family of a member of the 

Armed Forces makes concessions given the inherent dangers of military service and the frequent relocations resulting in disruption of everyday routine; 

Whereas, during wartime, family members endure increased 

sacrifices, forgo time with their loved one, and face inVerDate Aug 31 2005 01:25 Feb 14, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HC295.IH HC295

wwoods2 on PRODPC68 with BILLS
2 

•HCON 295 IH 

creased worry and uncertainty when their loved one 

serves extended tours overseas or engages in enhanced 

training activities; 

Whereas an increasing number of family members have taken 

on volunteer responsibilities in organizations associated 

with the Armed Forces; 

Whereas the family of a member of the Armed Forces wounded in action willingly accepts the additional role of caregiver, even when it requires postponement of personal 

goals; 

Whereas the families of members of the Armed Forces serve 

as a pillar of strength and encouragement for those serving the interests of the United States at home and 

abroad; and 

Whereas the families of members of the Armed Forces play 

a critical role in providing emotional support and readjustment assistance as members transition from military 

life to civilian life: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress expresses its deepest apprecia3 tion to the families, both immediate and extended, of 

4 members of the United States Armed Forces for the un5 wavering support, both physical and emotional, that family 

6 members give their loved ones while they answer the call 

7 to serve their country and keep the United States safe. 

Æ 


wwoods2 on PRODPC68 with BILLS