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

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A19A2094. FERNAKEY JUAN PASS v. THE STATE.

In 2016, Fernakey Juan Pass pled guilty to voluntarymanslaughter, aggravated

assault, and possession of a firearm during the commission of a felony. On November

6, 2018, Pass filed a pro se motion for an out-of-time appeal. The trial court denied

the motion on January 10, 2019, and Pass filed his notice of appeal on February 22,

2019. We lack jurisdiction because the notice of appeal was not timely filed.

A notice of appeal must be filed within 30 days of entry of the order sought to

be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal

is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264

Ga. 872, 872 (1) (452 SE2d 756) (1995). Because Pass filed his notice of appeal 43

days after entry of the trial court’s order, his appeal is untimely, and it is hereby

DISMISSED for lack of jurisdiction. The State’s motion to dismiss for failure to file

a timely appellate brief is hereby DISMISSED as moot.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

July 01, 2019

07/01/2019
EXHIBIT 32.1

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

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


I, Billy Robinson,  Chief Executive Officer and Chief Financial Officer of Cyber
Defense Systems, Inc., (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:

     (a) the  Periodic  Report on Form  10-QSB/A  of the  Company for the period
ended September 30, 2004,  which this  certification  accompanies (the "Periodic
Report"),  fully  complies  with  the  requirements  of  Section  13(a)  of  the
Securities Exchange Act of 1934; and

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



Date: February 23, 2005
                                          /s/ Billy Robinson
                                          -----------------------
                                          Billy Robinson
                                          Chief Executive Officer
                                          Chief Financial Officer




------------------------
A signed  original of this  written  statement  required by Section 906 has been
provided to Cyber Defense  Systems,  Inc., and will be retained by Cyber Defense
Systems,  Inc and  furnished to the  Securities  and Exchange  Commission or its
staff upon request.
* After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2). 

# United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted September 26, 2007 *

Decided September 27, 2007 Before Hon. FRANK H. EASTERBROOK, Chief Judge Hon. JOHN L. COFFEY, Circuit Judge Hon. JOEL M. FLAUM, Circuit Judge No. 06-3023 UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. LEPIZE Q. MONTGOMERY, Defendant-Appellant. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division No. 05 CR 134-1 James B. Moran, Judge

.

O R D E R Lepize Montgomery obtained a driver’s licence with his photograph but another man’s name and used it on January 17, 2003, to cash a check for $593.63 made payable to the name on the license . This was just one of many checks Montgomery cashed under false pretenses over several years, but the government abandoned its prosecution of broader charges after Montgomery pleaded guilty to one count of violating 18 U.S.C. § 1028(a)(7) in connection with the check for NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1No. 06-3023 Page 2 $593.63. The district court sentenced him to 51 months’ imprisonment and ordered him to pay $593.63 in restitution under the Mandatory Victims Restitution Act. See 18 U.S.C. §§ 3663A(a)(1), (c)(1)(B). The court also ordered him to pay $5,000 in “discretionary” restitution for losses arising from other checks. Montgomery does not dispute that he must repay $593 as restitution for his conviction under § 1028(a)(7), which makes it a crime to use another person’s name with the intent to commit a felony. But he argues that the district court had no authority to order restitution beyond that amount. Montgomery contends, and the government agrees, that on the facts of this case the court lacked authority to impose the $5,000 award under the Mandatory Victims Restitution Act, see United States v. Randle , 324 F.3d 550, 556 (7th Cir. 2003); or the Victim and Witness Protection Act, see 18 U.S.C. § 3663(a); United States v. Menza , 137 F.3d 533, 537 (7th Cir. 1998); or as a condition of supervised release, see United States v. Frith , 461 F.3d 914, 919 (7th Cir. 2006). Montgomery did not raise this objection in the district court, so our review is for plain error. See United States v. Alburay , 415 F.3d 782, 789 (7th Cir. 2005). But a district court commits plain error when it imposes restitution without statutory authority, as the government concedes. See Randle , 324 F.3d at 558. Accordingly, we VACATE the award of $5,000 in discretionary restitution and REMAND for the district court to enter a corrected judgment.
Dolan Chemical Laboratory

4001 Bixby Road

Groveport, OH 43125

T: 614-836-4221, Audinet 210-4221

F: 614-836-4168, Audinet 210-4168

http://aepenv/labs

Water Analysis

Location: Mountaineer Plant Report Date: 5/2/2012

Sample Number: 121880-001 Date Collected: 04/25/2012 07:30 Date Received: 4/25/2012

1st Stage Feed 

Parameter Result Units RL MDL Analysis By Analysis Date/Time Method

Selenium, Se 320 ug/L 0.5 0.1 DPC 05/01/2012 13:00 EPA 200.8

Sample Number: 121880-002 Date Collected: 04/25/2012 07:30 Date Received: 4/25/2012

2nd Stage Feed 

Parameter Result Units RL MDL Analysis By Analysis Date/Time Method

Selenium, Se 40.9 ug/L 0.5 0.1 DPC 05/01/2012 13:15 EPA 200.8

Sample Number: 121880-003 Date Collected: 04/25/2012 07:30 Date Received: 4/25/2012

Bioreactor Effluent 

Parameter Result Units RL MDL Analysis By Analysis Date/Time Method

Selenium, Se 1.6 ug/L 0.5 0.1 DPC 05/01/2012 13:20 EPA 200.8

THIS TEST REPORT RELATES ONLY TO THE ITEMS TESTED AND SHALL NOT BE REPRODUCED EXCEPT IN FULL WITHOUT WRITTEN 

APPROVAL OF THE LABORATORY. ALL TEST RESULTS MEET ALL OF THE REQUIREMENTS OF THE ACCREDITING AUTHORITY, 

UNLESS OTHERWISE NOTED.

Brian Snyder, Chemist II

Email bssnyder@aep.com Tel. 614-836-4224

Fax 614-836-4168 Audinet 210-4224

Mountaineer Plant, 121880 Page 1 of 1
Exhibit
 32



CERTIFICATION
 OF CHIEF EXECUTIVE OFFICER AND 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 report on Form 10-Q ofComCam
 International, Inc. for thequarterly
 period endedMarch 31,
 2009 as filed with the Securities and Exchange Commission on the date hereof, I,Don Gilbreath,
 do hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the
 best of my knowledge and belief:



| | (1) | This 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 this report fairly presents, in all material respects, the financial condition of the registrant at the end of the period covered by this report and results of operations of the registrant for the period covered by this report.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date:January
 26, 2010



/s/
 Don Gilbreath

Don
 Gilbreath,Chief Executive Officer and Chief Financial
 Officer



This
 certification accompanies this report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent
 required by the Sarbanes-Oxley Act of 2002, be deemed filed by the registrant for the purposes of §18 of the Securities Exchange
 Act of 1934, as amended. This certification shall not be incorporated by reference into any filing under 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.
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# DSCR rooted in Native American history

By DLA Video Production Team

                RICHMOND, Va.  –              
November is Native American Heritage Month.  It is a time to celebrate American Indian culture and contributions.  

In closing out the month long celebrations, Defense Logistics Agency Aviation’s Public Affairs Officer, Amy Clement, talks about Defense Supply Center Richmond, Virginia’s rich Native American history and an incredible find of more than 1,000 Native American artifacts on the center.

Listen to her story on DLA’s **Youtube channel.**

For more installation history, visit DLA Aviation’s public page.

For information about National Native American Heritage Month, visit the following sites:

Society of American Indian Government EmployeesAmerican Indian Science & Engineering Society (AISES)**Library of Congress**

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DLA AviationPeople & CultureDefense Supply Center RichmondDSCRNative American Heritage Month
United States Court of Appeals

For the First Circuit

Nos. 18-1669, 19-1042, 19-1043, 19-1107

UNITED STATES OF AMERICA,

Appellee,

v.

MARTIN GOTTESFELD,

Defendant, Appellant.

ERRATA SHEET

The opinion of this Court issued on November 5, 2021 is 

amended as follows:

On page 25, line 10, add "to" between "public" and "attend"

On page 30, line 2, replace "issue" with "issues"
**EXHIBIT 32.2**

 

CERTIFICATIONPURSUANT TO 18 U.S.C. sec. 1350,

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

 

Inconnection with the Quarterly Report of IWT Tesoro Corporation (the “Company”)on Form 10-Q for the quarter ended September 30, 2005, as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Forrest P. Jordan, Chief Financial Officer of the Company, certify, pursuant to18 U.S.C. sec. 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

 

(1)                                  The Report fully complies with therequirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)                                  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.

 

Theforegoing certification shall not be deemed to be filed for the purposes of Section 18of the Securities and Exchange Act of 1934 or otherwise subject to liabilityunder this section.  This certificationshall not be deemed to be incorporated by reference into any filing under theSecurities Act of 1933 or the Exchange Act except to the extent that this Exhibit 32.2is expressly incorporated by reference in any such filing.

 
| Dated: November 18, 2005 | /s/Forrest P. Jordan    |   |
|-------------------------------|-------------------------|--------|
|                          | Forrest P. Jordan       |
|                          | Chief Financial Officer |

 

A signed original of this written statementrequired by 18 U.S.C. Section 1350 has been provided to the Company andwill be retained by the Company and furnished to the Securities and Exchange Commissionor its staff upon request.

 

----
#### STATE of Louisiana v. Todd BENN.

No. 99-KO-0191.

Supreme Court of Louisiana.

June 18, 1999.

ON APPLICATION FOR WRIT OF CERTIORARI

| JOHNSON, J.,

would grant Defendant’s application for writ of certiorari.

Brent Lee (hereinafter “victim”) was shot to death on May 20, 1995 while standing with a large crowd in front of Club Paradise in St. James Parish, Louisiana. He was struck by a stray bullet during a shoot out between Macon Clark (hereinafter “Clark”) and Todd Benn (hereinafter “Defendant”). Defendant and Clark were shooting at each other simultaneously when the victim was killed. Witnesses to the shooting stated that Clark was firing two guns and Defendant was firing one gun.

Clark was charged with Illegal discharge of a Weapon pursuant to La.Rev. Stat.Ann. § 14:94 (West Supp.1999) and sentenced to six months in prison. Defendant was charged with and subsequently convicted of Second Degree Murder. The trial court sentenced Defendant to life imprisonment without benefit of parole, probation, or suspension of sentence. On appeal, the Fifth Circuit affirmed Defendant’s conviction and sentence. *See, State v. Benn,*98-395 (La.Ct.App. 5 Cir. 12/16/98), 735 So.2d 143. Defendant applied to this court for writ of certiorari alleging that there was insufficient evidence to support the conviction for Second Degree Murder. The majority of this court feels Defendant’s argument is without merit and has accordingly denied the instant writ application. However, I agree with Defendant that his conviction was based on insufficient evidence.

|?In homicide cases, the State must prove beyond a reasonable doubt that the defendant’s criminal agency caused the victim’s death. Reasonable doubt is doubt that would give rise to a grave uncertainty, raised in one’s mind by reason of the unsatisfactory character of the evidence presented at trial. *See, State v. Wilson,*93-617 (La.Ct.App. 5 Cir. 1/25/94), 631 So.2d *6301213, 1217. To support the theory that Defendant killed the victim, the prosecution offered receipts to show that Defendant owned the same type of pistol that was used to kill Defendant. Additionally, the police recovered shell casings from Defendant’s car that were of the same type recovered from the victim’s body. When a conviction is based on circumstantial evidence, that evidence must exclude every reasonable hypothesis of innocence. La.Rev.Stat.Ann. § 15:438 (West 1992). In the instant case, neither Clark’s nor Defendant’s guns were ever recovered. The record contains no evidence as to what types of guns Clark was firing. Given the fact that Clark and Defendant were firing at one another simultaneously, it is equally plausible that Clark’s gun killed the victim. The likelihood that Clark could have been victim’s killer is increased by the fact that Clark was firing two guns while Defendant was only firing one. The State offered no evidence to eliminate the possibility that Clark was the shooter. The evidence in support of this conviction has not excluded the reasonable possibility that Clark, and not Defendant, actually killed the victim. Therefore I would grant Defendant’s writ application and remand the case for a new trial.
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 DiCon Fiberoptics, Inc. (the Company) on Form 10-QSB for the period ending September 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ho-Shang Lee, 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------







/s/ Ho-Shang Lee


Ho-Shang Lee


President and Chief Executive Officer


(chief executive officer)








November 12, 2004





This certification is made solely for purpose of 18 U.S.C. Section 1350, subject to the knowledge standard contained therein, and not for any other purpose.
EXHIBIT 32.1

  Certification by the Principal Executive Officer and Chief Financial
  Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to
        Section 906 of the Sarbanes-Oxley Act Of 2002


  Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
  of the Sarbanes-Oxley Act of 2002, each of the undersigned officers of
  Iroquois Gas Transmission System, L.P., a limited partnership organized
  under the laws of the State of Delaware (the "Partnership"), does
  hereby certify that, to the best of such officer's knowledge:

     1.   The accompanying Quarterly Report of the Partnership on Form
	  10-Q for the quarter ended June 30, 2003 (the "Report")
	  fully complies with the requirements of Section 13(a) or
	  15(d) of the Securities Exchange Act of 1934; and

     2.   Information contained in the Report fairly presents, in all
          material respects, the financial condition and results of
          operations of the Partnership.



                                          /s/ E.J. Holm
                                          ---------------------------
                                          E. J. Holm
                                          President
                                          August 11, 2003



                                          /s/ Paul Bailey
                                          ---------------------------
                                          Paul Bailey
                                          Vice President and Chief
                                          Financial Officer
                                          August 11, 2003


A signed original of this written statement required by Section 906 has
been provided to Iroquois Gas Transmission System, L.P. and will be
retained by Iroquois Gas Transmission System, L.P. and furnished to the
Securities and Exchange Commission or its staff upon request.
[Cite as State v. Folino, 2021-Ohio-1469.]

IN THE COURT OF APPEALS 

TWELFTH APPELLATE DISTRICT OF OHIO 

BUTLER COUNTY 

STATE OF OHIO, 

 Appellee, 

 - vs - 

MICHAEL FOLINO, 

 Appellant. 

: 

: 

: 

: 

: 

: 

CASE NO. CA2020-12-132 

D E C I S I O N 

4/26/2021 

APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS 

Case No. CR2020-09-1247 

Michael T. Gmoser, Butler County Prosecuting Attorney, Government Services Center, 315 

High Street, 11th Floor, Hamilton, Ohio 45011, for appellee 

Engel & Martin, LLC, Mary K. Martin, 4660 Duke Drive, Suite 101, Mason, Ohio 45040, for 

appellant 

 Per Curiam.

{¶1} This cause came on to be considered upon a notice of appeal filed by 

appellant, Michael Folino, the transcript of the docket and journal entries, the transcript of 

proceedings and original papers from the Butler County Court of Common Pleas, and upon 

the brief filed by appellant's counsel. 

{¶2} Appellant's counsel has filed a brief with this court pursuant to Anders v. 

California, 386 U.S. 738, 87 S.Ct. 1396 (1967), which (1) indicates that a careful review of 
Butler CA2020-12-132 

the record from the proceedings below fails to disclose any errors by the trial court 

prejudicial to the rights of appellant upon which an assignment of error may be predicated; 

(2) lists two potential errors "that might arguably support the appeal," Anders, at 744, 87 

S.Ct. at 1400; (3) requests that this court review the record independently to determine 

whether the proceedings are free from prejudicial error and without infringement of 

appellant's constitutional rights; (4) requests permission to withdraw as counsel for 

appellant on the basis that the appeal is wholly frivolous; and (5) certifies that a copy of both 

the brief and motion to withdraw have been served upon appellant. 

{¶3} Having allowed appellant sufficient time to respond, and no response having 

been received, we have accordingly examined the record and find no error prejudicial to 

appellant's rights in the proceedings in the trial court. The motion of counsel for appellant 

requesting to withdraw as counsel is granted, and this appeal is dismissed for the reason 

that it is wholly frivolous. 

PIPER, P.J., M. POWELL and BYRNE, JJ., concur.