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

for the Fifth Circuit ____________

No. 23-10664

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Glynzo Clark, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Northern District of Texas

USDC No. 3:16-CR-109-1

______________________________

Before Smith, Higginson, and Engelhardt, Circuit Judges. 

Per Curiam:*

Glynzo Clark pleaded guilty of being a felon in possession of a firearm, 

and he was sentenced on remand from this court, see United States v. Clark, 

49 F.4th 889, 891-92 (5th Cir. 2022), to a 180-month term of imprisonment 

and to a three-year period of supervised release. In this appeal, Clark asserts 

that his prior burglary conviction, under Tex. Penal Code § 30.02(a), 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

April 1, 2024

Lyle W. Cayce

Clerk

Case: 23-10664 Document: 60-1 Page: 1 Date Filed: 04/01/2024
No. 23-10664

2

was not a violent felony under the Armed Career Criminal Act (ACCA). 

Clark concedes that this issue is foreclosed by United States v. Herrold, 941 

F.3d 173, 182 (5th Cir. 2019) (en banc). He has raised the issue to preserve it 

for further review. 

The Government has moved for summary affirmance based on 

Herrold, or for an extension of time in which to file a brief. Because Clark’s 

argument is foreclosed, summary affirmance is proper. See Groendyke 

Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

The Government’s motion for summary affirmance is GRANTED, 

the alternative motion for an extension of time is DENIED, and the district 

court’s judgment is AFFIRMED.

Case: 23-10664 Document: 60-1 Page: 2 Date Filed: 04/01/2024
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

SADRICK DONALDSON )

Plaintiff, )

)

v. ) Civil Action No. 04-257 Erie

)

UNITED STATES OF AMERICA, et al., )

Defendants. )

O R D E R

AND NOW, to wit, this 22nd day of June, 2006, upon consideration of plaintiff’s 

Motion for Reconsideration (Doc. No. 42) of the Courts Order dated May 17, 2006.

IT IS HEREBY ORDERED that the said Motion be and hereby is DENIED 

 S/Sean J. McLaughlin 

SEAN J. MCLAUGHLIN

UNITED STATES DISTRICT JUDGE

cc: all counsel/parties of record.nk

Case 1:04-cv-00257-SJM-SPB Document 43 Filed 06/22/06 Page 1 of 1
**Exhibit 32.2**

**CERTIFICATION**

Inconnection with the Annual Report of Dave & Buster’s, Inc. (the “Company”)on Form 10-K for the period ended February 4, 2007 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Brian A. Jenkins,Senior Vice President and Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, that:

(1)          The Report fullycomplies with the applicable requirements of Section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934; and

(2)          The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

Date: May 14, 2007
|        |                                              |
|--------|---------------------------------------------------|
|   | /s/ Brian A. Jenkins                              |   |
|   | Brian A. Jenkins                                  |
|   | Senior Vice President and Chief Financial Officer |

 

----
Exhibit 32.2 - Chief Financial Officer Certification (Section 906)

                        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 RPM Advantage, Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2009
as filed with the Securities and Exchange Commission on the date
thereof (the "Report").

I, David R. Pressler, 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, 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/ David R. Pressler
--------------------------
    David R. Pressler
    CEO President and Director


Date  April 25, 2011
      -----------------
#### Chester RUSHING v. MARQUART MORTGAGE COMPANY.

No. 8405.

Court of Appeal of Louisiana, First Circuit.

May 19, 1971.

George Mathews of Dale, Owen, Richardson, Taylor & Mathews, Baton Rouge, for appellant.

Fred A. Belcher, Jr., of McCollister, Belcher, McCleary & Fazio, Baton Rouge, for appellee.

Before LANDRY, ELLIS and BLANCHE, JJ.

JUDGMENT OF DISMISSAL

BLANCHE, Judge.

Upon the joint motion of George Mathews, attorney for Marquart Mortgage Company, and Fred H. Belcher, Jr., attorney for Chester Rushing, and upon suggesting to this Honorable Court that a new suit has been filed herein in the 19th Judicial District Court, and that said suit has been answered, and is to be tried de novo, and on suggesting further that this appeal be *188dismissed, without prejudice to either party, costs to be shared jointly:

It is ordered, adjudged and decreed That the appeal herein be dismissed, without prejudice to either party, costs to be shared jointly by both parties hereto.

Thus done, signed and ordered in Baton Rouge, Louisiana, this 19th day of May, 1971.
### Correlation of water-level fluctuations with climatic cycles in the Oklahoma Panhandle

By: I. Wendell Marine

                            https://doi.org/10.3133/wsp1669K

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plate:  **Plate 1**                            (pdf)
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
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



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 filing of the Annual Report
on Form 10-K for the Year Ended  December  31,  2007 (the  "Report")  by Tarrant
Apparel Group ("Registrant"), the undersigned hereby certifies that:

1.       to the  best of my  knowledge,  the  Report  fully  complies  with  the
         requirements  of section 13(a) or 15(d) of the Securities  Exchange Act
         of 1934; and

2.       to the best of my knowledge,  the  information  contained in the Report
         fairly presents, in all material respects,  the financial condition and
         results of operations of Registrant.



Date:   March 28, 2008                By:       /s/    Patrick Chow
                                          --------------------------------------
                                                       Patrick Chow,
                                                  Chief Financial Officer
<PAGE>

                                                                    EXHIBIT 99.1

                            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 Annual Report on Form 10-K for the period ending
December 31, 2002 of USDATA Corporation (the "Company") as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, James
E. Fleet, Interim 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 based on my knowledge:

(1)   The Report fully complies with the requirements of Section 13(a) or 15(d)
      of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and

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




             April 14, 2003                 /s/   James E. Fleet
                                            -----------------------------------
                                                  James E. Fleet
[Federal Register Volume 62, Number 184 (Tuesday, September 23, 1997)]
[Notices]
[Page 49676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25135]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP97-731-000]


Kern River Gas Transmission Company; Notice of Request Under 
Blanket Authorization

September 17, 1997.
    Take notice that on September 8, 1997, Kern River Gas Transmission 
Company (Kern River), 295 Chipeta Way, Salt Lake City, Utah 84108, 
filed in Docket No. CP97-731-000 a request pursuant to Sections 
157.205, 157.211, and 157,216, of the Commission's Regulations under 
the Natural Gas Act (18 CFR 157.205, 157,211, 157.216) for 
authorization to remove and abandon facilities at an existing meter 
station and to install and operate upgraded metering facilities at the 
same site in Washington County, Utah under Kern River's blanket 
certificate issued in Docket No. CP89-2048-000 pursuant to Section 7 of 
the Natural Gas Act, all as more fully set forth in the request that is 
on file with the Commission and open to public inspection.
    Kern River states that it proposes to upgrade the Central Meter 
Station by removing the one existing two-inch roots meter and the dual-
run, two-inch regulator setting and replace them with one four-inch 
turbine meter and one two-inch flow control valve. The station upgrade 
will result in a maximum station design capacity of 22,000 Mcf per day 
at a contract delivery pressure of 650 psig.
    Any person or the Commission's staff may, within 45 days after 
issuance of the instant notice by the Commission, file pursuant to Rule 
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to 
intervene or notice of intervention and pursuant to Section 157.205 of 
the Regulations under the Natural Gas Act (18 CFR 157.205) a protest to 
the request. If no protest is filed within the time allowed therefor, 
the proposed activity shall be deemed to be authorized effective the 
day after the time allowed for filing a protest. If a protest is filed 
and not withdrawn within 30 days after the time allowed for filing a 
protest, the instant request shall be treated as an application for 
authorization pursuant to Section 7 of the Natural Gas Act.
Lois D. Cashell,
Secretary.
[FR Doc. 97-25135 Filed 9-22-97; 8:45 am]
BILLING CODE 6717-01-M
[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Notices]
[Page 51089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25933]


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

DEPARTMENT OF DEFENSE

Department of the Army


Availability of U.S. Patent Application for Non-Exclusive, 
Exclusive, or Partially Exclusive Licensing

AGENCY: U.S. Army Chemical and Biological Defense Command, DoD.

ACTION: Notice.

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

SUMMARY: In accordance with 37 CFR 404.6 announcement is made of the 
availability for licensing of U.S. Patent application for non-
exclusive, exclusive, or partially exclusive licensing. The patent 
application listed below has been assigned to the United States 
Government as represented by the Secretary of the Army, Washington, DC.
    Title: Rapidly Deployable, Man-Portable, Inflatable, Chemical, 
Biological, Radiological & Explosive Containment System.
    Description: This invention relates to a relatively light weight 
containment system which can be used to contain or mitigate the effects 
of explosively disseminated chemical and/or biological devices.
    Patent Application Number: 08/871,665.
    Filing Date: June 9, 1997.

FOR FURTHER INFORMATION CONTACT:
Mr. John Biffoni, Patent Attorney, U.S. Army CBDCOM, AMSCB-GC, APG, MD 
21010-5423, Phone (410) 671-1158.

SUPPLEMENTARY INFORMATION: Written objections must be filed on or 
before October 30, 1997.
Gregory D. Showalter,
Army Federal Register, Liaison Officer.
[FR Doc. 97-25933 Filed 9-29-97; 8:45 am]
BILLING CODE 3710-08-M
[Federal Register Volume 62, Number 174 (Tuesday, September 9, 1997)]
[Notices]
[Page 47482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23765]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER97-3928-000]


PPM Three LLC; Notice of Filing

September 3, 1997.
    Take notice that on July 25, 1997, PPM Three LLC tendered for 
filing FERC Rate Schedule No. 1 in the above-referenced docket.
    Any person desiring to be heard or to protest filing should file a 
motion to intervene or protest with the Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426, in accordance 
with Rules 211 and 214 of the Commission's Rules of Practice and 
Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions or 
protests should be filed on or before September 15, 1997. Protests will 
be considered by the Commission in determining the appropriate action 
to be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-23765 Filed 9-8-97; 8:45 am]
BILLING CODE 6717-01-M
#### The HAMMET COMPANY, Appellant, v. George H. SMITH, Appellee. George H. SMITH, Appellant, v. The HAMMET COMPANY, a corporation, duly licensed and authorized to do business in the State of Florida, Appellee.

Nos. 76-2562, 77-23.

District Court of Appeal of Florida, Fourth District.

Jan. 17, 1978.

Rehearing Denied March 21, 1978.

Lawrence G. Mathews, Jr., of Gray, Adams, Harris & Robinson, Orlando, for The Hammet Co., appellant in No. 76-2562 and appellee in No. 77-23.

Frank P. Mehok, Jr., of DeRenzo & Me-hok, Boca Raton, for George H. Smith, ap-pellee in No. 76-2562 and appellant in No. 77-23.

PER CURIAM.

Our consideration of the briefs and record convinces us that no reversible error has been demonstrated in either of these consolidated appeals.

Accordingly, the judgment appealed from in Case No. 76-2562 and the order appealed from in Case No. 77-23 are

AFFIRMED.

CROSS, DOWNEY, and LETTS, JJ., concur.
**Exhibit 23.2**

 

Consent of KPMG LLP, Independent Registered Public Accounting Firm 

 

The Board of Directors 

TranSwitch Corporation: 

 

We consent to the incorporation by reference in the registration statement (Nos. 333-114238, 333-69005, 333-105332, 333-109102, 333-109571 and 333-131772) on Form S-3 and(Nos. 333-75800, 333-70344, 333-44032, 333-83187, 33-94234, 333-89798, 333-126129 and 333-131773) on Form S-8 of TranSwitch Corporation and subsidiaries of our report dated March 11, 2005, with respect to the consolidated balance sheet ofTranSwitch Corporation and subsidiaries as of December 31, 2004 and the related consolidated statements of operations, stockholders’ equity and comprehensive income (loss), and cash flows for each of the years in the two-year period endedDecember 31, 2004, and the related financial statement schedule as of and for the years ended December 31, 2004 and 2003, which report appears in the December 31, 2005 annual report on Form 10-K of TranSwitch Corporation and subsidiaries.Our report refers to the Company’s change in accounting principle for computing depreciation during 2003. 

 

/s/ KPMG LLP 

 

Stamford, Connecticut 

February 20, 2006
u.s. 

# United States Department ofthe Interior FISH AN D WILD LIFE SERVIC E Wash ington. D .C. 20240 

# ~
In Reply Refer To: FWS/ AES/DER/BCH/055057 2013-F-0004 Mr. Robert K Wood , Director Engineering and Analysis Division Office of Water U.S. Environmental Protection Agency Washington, District of Columbia 20460 JU L 1 2 2013

Subject: Request for Initiation ofFormal Consultat i on on Environmental ProtectiOn Agency 's Final Regulation to Establish Requirements for Cooling Water Intake Structure s at Existing Facilities and Amend Requirements at Ph ase I Facilities Dear Mr . Wood: This letter acknowledges our receipt of your Jun e 18 , 20 1 3, letter reque st i ng initiation offormal section 7 consultation pursuant to the Endangered Species Act of (ESA) of 1973, as amended (16 U.S.C. l5 3 6(a) (2))
. The co nsultation will addre ss the possible effects of the Environmental Protection Agency's (EPA) final regulation to im p lement Section 316(b) of the Clean Water Act on federally threatened and endangered species and th e ir critical habitats. Your initiation request states that while EPA believes the rul emak ing will not cause adverse effects to listed speci es, EPA is st ill requesting formal consultation to ensure full and expeditious consideration of impacts to listed species under Section 7(a)(2) ofthe ESA. We expect to conclude consultation with your agency on October 31,2013 , unless we mutually agree upon an extension of th e deadline. We look forward to working with you and your staff. If you have any questions or concerns about thi s consu ltati on or the consultation process in genera l , please feel free to contact Drew Crane (703

- 358

- 2409; Dr ew Crane ( cl{fws .gov) or Patrice Ashfieid (703-358-2478; Patrice A s hfi e ld @fws.gov). Sincerely ,



# { G{)/,._.,



# ~ Richard E. Sayers, Jr. , Ph.D. Chief, Di vis ion of Environmental Rev ie w 

### TAKE PRJ

**&f=: ~** 

IN **MERICA~**
#### Mrs. Virginia JACOBI, widow of Louis J. Jacobi, Jr. v. INTERSTATE LIFE & ACCIDENT INSURANCE COMPANY and L. E. Thomas.

No. 50520.

Supreme Court of Mississippi.

Aug. 16, 1978.

*509Reid & Hewitt, Gertrude A. Reid, Biloxi, for appellant.

Favre, Genin & Scafide, John A. Seafide, Jr., Bay St. Louis, for appellees.

Before SMITH, P. J., and BROOM and LEE, JJ.

AFFIRMED.
**EXHIBIT 32** 

 

** PRISM TECHNOLOGIES GROUP, INC.**

 

**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 Prism Technologies Group, Inc. (the “Company”) on Form 10-Q for the quarter ended June 30, 2017 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned, hereby 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) 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 PTG. |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------|

 

A signed original of this written statement required by Section 906 has been provided to Prism Technologies Group, Inc., and will be retained by Prism Technologies Group, Inc. and furnished to the Securities Exchange Commission or its staff upon request.

 

 

| **/s/ HUSSEIN A. ENAN**                           |    |
|---------------------------------------------------|--------------|
| Hussein A. Enan                                   |    |
| Chairman of the Board and Chief Executive Officer |    |
| Dated: November 1, 2017                           |    |

 

 

| **/s/ STEVEN J. YASUDA**                             |    |
|------------------------------------------------------|--------------|
| Steven J. Yasuda                                     |    |
| Chief Financial Officer and Chief Accounting Officer |    |
| Dated: November 1, 2017                              |    |
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE PERIOD ENDED DECEMBER 31, 1997, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                             352
<SECURITIES>                                       101
<RECEIVABLES>                                      342
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 1,228
<PP&E>                                             563
<DEPRECIATION>                                     239
<TOTAL-ASSETS>                                  10,306
<CURRENT-LIABILITIES>                              233
<BONDS>                                            657
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,460
<OTHER-SE>                                     (1,398)
<TOTAL-LIABILITY-AND-EQUITY>                    10,306
<SALES>                                          3,604
<TOTAL-REVENUES>                                 4,046
<CGS>                                                0
<TOTAL-COSTS>                                    3,307
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 118
<INCOME-PRETAX>                                    644
<INCOME-TAX>                                       415
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       229
<EPS-PRIMARY>                                      .03
<EPS-DILUTED>                                      .03


</TABLE>
#### STATE of Florida, ex rel. John Albert BRAXTON, Relator, v. Louie L. WAINWRIGHT, Respondent.

No. 70-241.

District Court of Appeal of Florida, Third District.

April 2, 1970.

PER CURIAM.

Habeas corpus denied.