alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

August 25, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-51303

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SANTOS OMAR-PEREZ,

Defendant-Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. SA-02-CR-497-4

Before HIGGINBOTHAM, JONES and BARKSDALE, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Santos Omar-Perez in this

direct criminal appeal has moved for leave to withdraw and has

filed a brief as required by Anders v. California, 386 U.S. 738

(1967). Omar-Perez has not filed a response. Our independent

review of the record and counsel’s brief shows that there are no

nonfrivolous issues for appeal. Accordingly, counsel’s motion for

leave to withdraw is GRANTED, counsel is excused from further

responsibilities herein, and this appeal is DISMISSED. See 5TH CIR.

R. 42.2.
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 17

- 00814

- CV

Terry GRANGER

, Appellant

v.

THE TRAVELERS HOME AND MARINE INSURANCE CO.

, Appellee

From the County Court at Law No. 10, Bexar County, Texas

Trial Court No. 2014CV03227

Honorable David J. Rodriguez, Judge Presiding

BEFORE CHIEF JUSTICE MARION

, JUSTICE BARNARD , AND JUSTICE ALVAREZ

In accordance with this court’s opinion of this date, the trial court’s order is AFFIRMED.

We ORDER that Appellee The Travelers Home and Marine Insur ance Company recover its costs

of court for this appeal from Appellant Terry Granger.

SIGNED December 12, 2018.

_____________________________ Patricia O. Alvarez, Justice
No. 9517.

#### The City of Mansfield *v.*The Mansfield Railway, Light & Power Co.

(Decided March 13, 1906.)

Error to Circuit Court of Richland county.

*Mr. L. H. Beam,*for plaintiff in error.

*Messrs. Cummings, McBride é Wolfe,*for defendant in error.

Judgment reversed and judgment for plaintiff in •error. '

Shauck, C. *J.,*Price, Crew, Summers, Spear and Davis, JJ., concur.
#### Charles Joseph KELLENBENZ, Appellant, v. Constance KELLENBENZ, Appellee.

No. 77-2232.

District Court of Appeal of Florida, Third District.

June 27, 1978.

L. Murray Fitzhugh, Miami, for appellant.

Angelo P. Demos, Miami, for appellee.

Before BARKDULL, NATHAN and HUBBART, JJ.

PER CURIAM.

In 1973, the circuit court established a foreign decree as a Florida judgment, which reads in part as follows:

> * * * * * *

> “THIS CAUSE having come on before me upon Final Hearing on March 7, 1973, and the Court having heard the testimony and argument of counsel for the respective parties, and being otherwise fully advised in the premises, it is hereby “ORDERED and ADJUDGED that the Final Decree of Divorce between the parties hereto entered by the Supreme Court of Ontario, Canada, on the 21st day of December, 1970, is hereby established as a Judgment of this Court and the same is given full faith and credit as though it were a Judgment of this Court, and it is “ORDERED and ADJUDGED that the Defendant, CHARLES JOSEPH KEL-LENBENZ, shall obey provisions of the said Final Decree as though fully set forth herein, and it is * * * ”

> * * * * * *

Appellant argues that the judgment of March 27, 1973 was not a final judgment because the court retained jurisdiction to consider memorandums of law as to whether it had power of contempt over actions committed by appellant *prior*to the Florida court adopting the Canadian judgment.

Subsequently, the appellee commenced proceedings to collect arrearages for payments due after March, 1973. Upon appropriate petitions, the trial court found an arrearage and entered judgment on September 30, 1977 for such arrearages in alimony and child support. Thereafter, on October 3, 1977, the trial judge apparently signed a duplicate original of the judgment; it is identical in form as to that signed on September 20, 1977. The appeal was taken from both judgments.

The appellant contends that the judgment establishing the foreign decree rendered in 1973 was not final in nature and, therefore, not subject to enforcement; also, that the trial court erred in signing the subsequent judgment of October 3, 1977. The appellee concedes the latter point but, as to the former, urges that the establishment of the foreign decree was complete as *61to obligations thereunder accruing in the future, and the appellant was directed to comply therewith and, therefore, the order of the trial judge enforcing the Florida judgment on the foreign decree was proper. *Sackler v. Sackler,*47 So.2d 292 (Fla.1950).

A different result might have obtained as to any attempt to enforce a judgment for arrearages that accrued prior to the establishment of the foreign decree, but such a result is not applicable to the amounts due subsequent to the establishment of the foreign decree.

Therefore, for the reasons above stated, the final judgment of September 20, 1977 be and the same is hereby affirmed, and the final judgment of October 3, 1977 be and the same is hereby declared to be a nullity and of no force and effect.

Affirmed in part; reversed in part.
No. 00-7234.

#### Finitz *v.*United States.

C. A. 9th Cir. Cer-tiorari denied.
EXHIBIT 32(b)



Certification of Chief Financial Officer

Pursuant to 18 U.S.C. § 1350

(As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)



In connection with the Quarterly Report on Form 10-Q for the
quarter ended June 30, 2003 of Citizens Holding Company (the Company), as filed with the Securities Exchange Commission on the date hereof (the Quarterly Report), I, Robert T. Smith, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (3) |  | the Quarterly Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- |  | -------------------------------------------------------------------------------------------------------------------------------------------



| | (4) |  | the information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  | 
|--------------------- |  | 
|Date: August 12, 2003 |  | 
|                      |  |
Exhibit 31.1

CERTIFICATION

Certification of President



I, Ramon Chimelis, president, certify that:



1.

I have reviewed this quarterly report on Form 10-Q of Big Sky Industries II, Inc.;

2.

Based on my knowledge, this 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 report;

3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;

4.

The small business issuer's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the small business issuer and have:

(a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated 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 small business issuer's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c)

Disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and

5.

The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions):

(a)

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and

(b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.



Dated: January 9, 2009



/s/ Ramon Chimelis

Ramon Chimelis, President
Exhibit 32.1

**Statement of Chief EXECUTIVE Officer under 18 U.S.C. § 1350**

I, Peter C. Chang, the chief executive officer of Alliance Fiber Optic Products, Inc. (the “Company”), certify for the purposes of section 1350 of chapter 63 of title 18 of the United States Code that, to the best of my knowledge,                   (i)     the Quarterly Report of the Company on Form 10-Q for the period ended June 30, 2009(the “Report”), fully complies with the requirements of section 13(a) or section 15(d) of the Securities Exchange Act of 1934, and                   (ii)     the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

> 
          /s/ Peter C. Chang          

          Peter C. Chang

          August 12, 2009
SECOND AMENDMENT TO AGREEMENT AND PLAN OF MERGER

                   This  Second   Amendment   dated  October  4,  1999  ("Second
Amendment") hereby amends that certain Agreement and Plan of Merger, dated as of
April 28, 1999, as amended by that certain First Amendment to Agreement and Plan
of Merger,  dated as of July 23, 1999  (collectively,  the "Merger  Agreement"),
entered into by and among Adrenalin  Interactive,  Inc., a Delaware  corporation
(tae "Parent"),  Adrenalin Acquisition Corporation, a California corporation and
a wholly owned  subsidiary of the Parent ("Merger Sub"),  McGlen Micro,  Inc., a
California  corporation  (the  "Company"),  George  Lee,  Mike  Chen,  and  ACST
Computers,  Inc.,  a  California  corporation   (collectively,   the  "Principal
Shareholders")  (the  Parent,  the Merger Sub,  the  Company  and the  Principal
Shareholders,  collectively,  the  "Parties"),  with  reference to the following
facts:

                   A.  Pursuant  to Section  11.4 of the Merger  Agreement,  the
Parties  desire to amend the Merger  Agreement  to extend the  termination  date
thereof.

                   NOW,  THEREFORE,  IN CONSIDERATION OF the mutual promises set
forth herein and other good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, the Parties agree as follows:

          1. Amendment of the Merger Agreement/Extension of Time. The date set
forth in Section  10.2(a) of the Merger  Agreement is hereby changed to November
30, 1999.

          2. Ratification:  Except as amended pursuant to this Second Amendment,
the Merger  Agreement is hereby  ratified and confirmed and shall remain in full
force and effect in accordance with its terms.

          3. Counterparts:  This  Second Amendment may be executed in any number
of counterparts,  each of which shall be an original,  but all of which together
shall constitute one instniment.




<PAGE>


          IN WITNESS WHEREOF, the Parties have caused this Second,  Amendment to
be executed as of the date first written above.

"PARENT"                                        "THE PRINCIPAL SHAREHOLDERS"

ADRENALIN INTERACTIVE, ]NC.,                    By:/s/ George Lee
a Delaware corporation                          -----------------
                                                George Lee, an individual
By:/s/ Jay Smith
----------------                                By:Mike Chen
Jay Smith, III                                  ------------
President and Chairman                          Mike Chen, an individual

"MERGER SUB"                                    ACST COMPUTERS, INC.,
                                                a California corporation
ADRENALIN ACQUISITION
CORPORATION,                                    By:/s/Alex Chen
A California corporation                        ---------------
                                                Alex Chen
By:/s/ Jay Smith                                President and Chairman
----------------
Jay Smith, III
Secretary

"THE COMPANY"

MCGLEN MICRO INC.,
a California corporation

By:/s/ George Lee
-----------------
George Lee

By:/s/ Mike Chen
----------------
Mike Chen
Secretary
[Federal Register Volume 62, Number 166 (Wednesday, August 27, 1997)]
[Notices]
[Page 45451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22752]


-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Ad Hoc Advisory Committee on Measures to Increase the 
Participation and Success Rates of Women, Historically Underrepresented 
Minorities and Disabled Persons in Graduate Education in the Sciences, 
Mathematics and Engineering; Notice of Meeting

    In accordance with the Federal Advisory Committee Act, Public Law 
92-463, as amended, the National Science Foundation announces the 
following meeting:

    Name: Ad Hoc Advisory Committee on Measures to Increase the 
Participation and Success Rates of Women, Historically 
Underrepresented Minorities and Disabled Persons in Graduate 
Education in the Sciences, Mathematics and Engineering (5196).
    Date and Time: September 12, 1997, 8:30 a.m. to 5:00 p.m.
    Place: Room 375, National Science Foundation, 4201 Wilson Blvd., 
Arlington, VA.
    Type of Meeting: Open.
    Contact Person: Janie Fouke, Director, Division of 
Bioengineering and Environmental Systems, Room 565S, NSF, 4201 
Wilson Blvd., Arlington, Va. 22230. Phone: (703) 306-1320.
    Minutes: May be obtained from the contact person at the address 
above.
    Purpose of Meeting: To advise NSF on strategies and tactics to 
achieve full participation of women, minorities, and persons with 
disabilities currently underrepresented in graduate education in 
science, mathematics and engineering.

Agenda

Morning Session

    Topics at the morning roundtable session will include:
    <bullet> Retention and Success, and
    <bullet> ``Before and After.''

Afternoon Session

    Topics at the afternoon roundtable session will include:
    <bullet> Opportunities for NSF.

    Dated: August 21, 1997.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 97-22752 Filed 8-26-97; 8:45 am]
BILLING CODE 7555-01-M
# Naval aviation depots improving aircraft production

/ Published April 17, 2018
NATIONAL Harbor, Md., 
(**DLA Aviation Editor’s Note:** Defense Logistics Agency Aviation was recently praised by the deputy director of the Navy Fleet Readiness Centers for its role in improving Navy aircraft production.  DLA Aviation has employees located at and providing support to the Navy’s Fleet Readiness Centers in Jacksonville, Florida, San Diego, California, and Cherry Point North Carolina.)

NATIONAL Harbor, Md. -- The Naval Air Systems Command's Fleet Readiness Centers have eliminated the backlog of aircraft awaiting depot-level repairs and met production goals for the last two years, according to Martin Ahmad, deputy commander, Fleet Readiness Centers.Ahmad briefed the Naval Aviation Enterprise and COMFRC's recent and future initiatives at the Sea Air Space Exposition April 10. Motivated by a sense of urgency and our near-peer competitors, COMFRC is focused on delivering readiness, he said.

Ahmad said that partnerships with the Defense Logistics Agency and Navy Supply Systems Command, Weapon Systems Support, which supply materials and parts, and type commanders and program managers are also vital to the Navy’s success.

Learn more about how the Navy improved to meet its 2016 and 2017 production goals by reading the full story: Naval Aviation Depots Improving Aircraft Production
### TEXA S COU RT O F AP PEAL S, THIRD DISTRICT , AT AUST IN

NO. 03-00-00461-CR

Richard N athaniel Robe rtson, Appellant

v. The State of Texas, Appellee

FROM THE

DISTRICT CO URT OF BE LL COUNT Y, 27TH J

UDICIAL DISTRICT NO. 50, 697, HONORAB LE MARTH

A J. TRUDO, JUDGE

PRESIDING

The di st rict c ou rt adjudge d appellant Richard Nathaniel Robertson guilty of two
coun ts of robber y. SeeTex. Penal Code Ann. § 29. 02 (West 1994). The court assessed punishment for each count at i mpr isonment f or t welve year s. Appe llant ’s court-appointed a tto rney filed a brief conc luding tha t the appe al is frivolous and without merit. The brief meets the requirements o f Ander s v. Califor

nia , 386 U. S. 738 (1967), bypresenting a prof essional evaluation of the recor d demonstrating why there ar e no arguable grounds to be advanced. See also Penson v. Ohio , 488 U. S. 75 (19 88); High v. State , 573 S. W. 2d 807(Tex. Crim. App. 1978) ; Curr ie v. State , 516 S. W. 2d 684 (Tex. Crim. App. 1974) ; Jackson v. State , 485 S
. W. 2d 553 (Tex. Crim. App. 1972) ; Gainous v. State , 436 S. W. 2d 137 (Tex. Crim. App. 1969)
. A copy of counsel’s brief was delivered to appellant, and appellant2

was advised of his right toex amin e t he ap pe ll ate re cord

and to file a pro se br ief. No pr o se brief has been filed. We have reviewed the recor d and counsel’s brief an d agree that the appea l is frivolous and withou t mer it. We find not hing in th e recor d that mig ht ar guably su pport the appeal. The judgments of conviction are affir med.

J. Woodfin Jones, Justice B efore Justices Jones, Kidd and Yeakel Affirm ed F iled: September 21, 2000 Do N ot Pu blish
# CCM, U.S. Air Force, Alvin R. Dyer 

### Senior Enlisted Leader, Defense Logistics Agency

### 

### 

Command Chief Master Sergeant Alvin R. Dyer serves as the Senior Enlisted Leader for Defense Logistics Agency as of Aug. 11, 2023.

A native of Memphis, Tennessee, he enlisted in the U.S. Air Force in 1995 as a Heating Ventilation Air Condition and Refrigeration (HVAC/R) Specialist, completed Basic Training at Lackland Air Force Base (AFB), Texas, and graduated Technical School at Sheppard AFB, Texas in June 1995.

His previous assignments include HVAC/R Specialist, 14th Civil Engineer Squadron, Colombus AFB, Mississippi; HVAC/R Craftsman, 12th Civil Engineer Squadron, Randolph AFB, Texas; HVAC/R Supervisor, 8th Civil Engineer Squadron, Kunsan Air Base (AB), Republic of Korea; HVAC/R Supervisor, 12th Civil Engineer Squadron, Randolph AFB, Texas; Noncommissioned Officer in Charge, Zone 3, 314th Civil Engineer Squadron, Little Rock AFB, Arkansas; Superintendent, Infrastructure, 23rd Civil Engineer Squadron, Moody AFB, Georgia; Superintendent, Operations Support, 8th Civil Engineer Squadron, Kunsan AB, Republic of Korea; HVAC/R Force Development Manager, Air Force Civil Engineer Center, Tyndall AFB, Florida; Superintendent, Operations Flight,374th Civil Engineer Squadron, Yokota AB, Japan; Squadron Superintendent, 354th Civil Engineer Squadron, Eielson AFB, Alaska; Group Superintendent, 354th Mission Support Group, Eielson AFB, Alaska; Command Chief Master Sergeant, 52nd Fighter Wing, Spangahlem AB, Germany; Command Chief Master Sergeant, 380th Air Expeditionary Wing, Southwest Asia; Command Chief Master Sergeant, 96th Test Wing, Eglin AFB, Florida; and Command Chief Master Sergeant, Seventh Air Force, Osan AB, Republic of Korea.

CMSgt Dyer has attended all levels of Noncommissioned Officer Professional Military Education from 1999 to 2017 Profession Manager Certification Course, Command Chief’s Orientation Course, Senior Enlisted Legal Orientation Course, National Defense University Keystone Course, received Distinguished Graduate from Non Commissioned Officer Academy, United States Navy Senior Enlisted Academy.

His awards and decorations include the Legion of Merit with two Oak Leaf Cluster, Meritorious Service Medal with one silver Oak Leaf cluster, Air Force Commendation Medal with two Oak Leaf clusters, Air Force Achievement with three Oak Leaf clusters and several other awards and decorations.

He possesses an Associate of Applied Science in Mechanical Electrical Technology from Community College of the Air Force and a Bachelor of Science in Human Resources from Columbia Southern University. He also holds certifications in MIT Sloan School of Management and University of North Carolina Kenan-Flagler Business School.
<PAGE>

                  CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (No.'s 333-778, 333-780, 333-782, 333-784, 333-786,
333-30057, 333-80977, 333-81069, 333-85859, 333-85853 and 333-85855) of US
Oncology, Inc., formerly known as American Oncology Resources, Inc. of our
report dated March 23, 2001 appearing on page 26 of this Form 10-K.



PRICEWATERHOUSECOOPERS LLP
Houston, Texas
March 27, 2001
#### Larry Richard DIGMAN, Appellant, v. The STATE of Florida, Appellee.

No. 77-1368.

District Court of Appeal of Florida, Third District.

March 14, 1978.

Rehearing Denied May 2, 1978.

Martin S. Saxon, Miami, for appellant.

Robert L. Shevin, Atty. Gen. and Arthur Joel Berger and Jose R. Rodriguez, Asst. Attys. Gen., for appellee.

*424Before HAVERFIELD, C. J., and HEN-DRY and NATHAN, JJ.

PER CURIAM.

Larry Richard Digman appeals the summary denial of his pro se motion for post conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The allegations in Digman’s motion are refuted by the record which we have carefully examined. No reversible error having been demonstrated, therefore, the order of the trial court is affirmed.

Affirmed.