alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 22

- 40078 Summary Calendar

**United States of America,**
Plaintiff

— Appellee **,**

versus

**Elizandro Payan**

**- Martinez,** 
Defendant

— Appellant

**.**

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19

- CR

- 171

- 1

Before **Stewart, Duncan,** and **Wilson,** Circuit Judges

**. Per Curiam**  **:** *

The Federal Public Defender appointed to represent Elizandro Payan

Martinez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Payan

- Martinez has filed a response. The record

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED September 7, 2022 Lyle W. Cayce Clerk Case: 22-40078 Document: 00516463380 Page: 1 Date Filed: 09/07/2022No. 22

- 40078

2 is not sufficiently developed to allow us to make a fair evaluation of Payan

Martinez ’s claims of ineffective assistance of counsel; we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Payan

- Martinez ’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is **GRANTED** , counsel is excused from further responsibilities herein, and the **APPEAL IS DISMISSED**

. See **5th Cir. R**

. 42.2. Case: 22-40078 Document: 00516463380 Page: 2 Date Filed: 09/07/2022
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
 
 
 I, Gabriel Battista, Executive Chairman of the Board of Directors of Talk America Holdings, Inc., have reviewed Talk America Holdings, Inc.'s Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2004 and, based on the inquiries I have made or caused to be made in the fulfillment of my responsibilities as the Executive Chairman of the Board of Directors of Talk America Holdings, Inc., I hereby certify that:
 
 (i) the Talk America Holdings, Inc. Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2004 fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and (ii) the information contained in such Report fairly presents, in all material respects, the financial condition and results of operation of Talk America Holdings, Inc.
 
 This certificate is being made for the exclusive purpose of compliance by the Executive Chairman of the Board of Directors of Talk America Holdings, Inc. with the requirements of Section 906 of the Sarbanes-Oxley Act of 2002, and may not be used for any other purposes. A signed original of this written statement required by Section 906 has been provided to Talk America Holdings, Inc.
 
 /s/ Gabriel Battista
 Gabriel Battista
 Executive Chairman of the Board of Directors
 August 3, 2004
```

[Federal Register: December 1, 2010 (Volume 75, Number 230)]
[Notices]               
[Page 74717]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de10-69]                         

=======================================================================
-----------------------------------------------------------------------

EXPORT-IMPORT BANK OF THE U.S.

[Public Notice 2010-0060]

 
Agency Information Collection Activities: Comment Request

AGENCY: Export-Import Bank of the U.S.

ACTION: Submission for OMB review and comments request.

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

    Form Title: Broker Registration Form, EIB 92-79.

SUMMARY: The Export-Import Bank of the United States (Ex-Im Bank), as a 
part of its continuing effort to reduce paperwork and respondent 
burden, invites the general public and other Federal Agencies to 
comment on the proposed information collection, as required by the 
Paperwork Reduction Act of 1995. Our customers will be able to submit 
this form on paper or electronically.
    This application is used by insurance brokers to register with 
Export Import Bank. The application provides Export Import Bank staff 
with the information necessary to make a determination of the 
eligibility of the broker to receive commission payments under Export 
Import Bank's credit insurance programs.

DATES: Comments should be received on or before January 3, 2011 to be 
assured of consideration.

ADDRESSES: Comments maybe submitted through http://www.Regulations.Gov 
or mailed to to Office of Information and Regulatory Affairs, 725 17th 
Street, NW., Washington, DC 20038 attn: OMB 3048-0024.

SUPPLEMENTARY INFORMATION:
    Titles and Form Number: EIB 92-79 Broker Registration Form.
    OMB Number: 3048-0024
    Type of Review: Regular
    Need and Use: This application is used by insurance brokers to 
register with Export Import Bank. The application provides Export 
Import Bank staff with the information necessary to make a 
determination of the eligibility of the broker to receive commission 
payments under Export Import Bank's credit insurance programs.
    Affected Public: This form affects entities involved in the export 
of U.S. goods and services.
    Annual Number of Respondents: 50.
    Estimated Time per Respondent: 100 hours.
    Government Annual Burden Hours: 200 hours.
    Frequency of Reporting or Use: Once.

Sharon A. Whitt,
Agency Clearance Officer.
[FR Doc. 2010-30207 Filed 11-30-10; 8:45 am]
BILLING CODE 6690-01-P
```
Form 15-8
DEPARTMENT OF COMMERCE—BUREAU OF THE CENSUS

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i
#### William OVERMAN, Appellant, v. STATE of Florida, Appellee.

No. 71-509.

District Court of Appeal of Florida, Fourth District.

April 25, 1972.

Certiorari Denied, June 2, 1972.

See 263 So.2d 827.

Walter N. Colbath, Jr., Public Defender, and Charles W. Musgrove, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

After a careful consideration of the briefs and record on appeal, the court concluded that appellant has not made error appear. Accordingly, oral argument is dispensed with pursuant to Rule 3.10(e), FAR, 32 F.S.A., and the judgment appealed from is affirmed.

Affirmed.

REED, C. J., and WALDEN and OWEN, JJ., concur.
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be Yoo A enumerated

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by me, on the 47 day of ne

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#### Barney LEWIS v. BRIGHT HOMES, INC. and First National Bank of Jackson.

No. 50457.

Supreme Court of Mississippi.

July 26, 1978.

Pritchard, Myers & Gordon, Martin Heg-wood, Pascagoula, for appellant.

Frank J. Hammond, Jr., Moss Point, Ar-vis V. Cumbest, Pascagoula, for appellees.

Before ROBERTSON, P. J., SUGG and COFER, JJ., and DENNIS M. BAKER, Commissioner.

AFFIRMED.
[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Page 35028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15753]


=======================================================================
-----------------------------------------------------------------------

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice (18-057)]


National Space-Based Positioning, Navigation, and Timing Advisory 
Board; Meeting

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Notice of meeting.

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

SUMMARY: In accordance with the Federal Advisory Committee Act, as 
amended, and the President's 2004 U.S. Space-Based Positioning, 
Navigation, and Timing (PNT) Policy, the National Aeronautics and Space 
Administration (NASA) announces an intersession meeting of the National 
Space-Based Positioning, Navigation and Timing (PNT) Advisory Board. 
The meeting will be held via teleconference and WebEx.

DATES: Monday, August 6, 2018, 12:00 p.m. to 4:00 p.m., Eastern Time.

FOR FURTHER INFORMATION CONTACT: Mr. James J. Miller, Designated 
Federal Officer, Human Exploration and Operations Mission Directorate, 
NASA Headquarters, Washington, DC 20546, (202) 358-4417, fax (202) 358-
4297, or <a href="/cdn-cgi/l/email-protection#99f3f3b7f4f0f5f5fcebd9f7f8eaf8b7fef6ef"><span class="__cf_email__" data-cfemail="503a3a7e3d393c3c3522103e3123317e373f26">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This meeting will be open to the public 
telephonically and by WebEx. Any interested person may call the USA 
toll free conference call number at 1-844-467-4685 or the USA local 
toll number at 1-720-259-7012 passcode: 106724 to participate in this 
meeting by telephone. The WebEx link is https://nasa.webex.com/, 
meeting number is 995 034 805, password is uuU7bDX* (case sensitive). 
This meeting was agreed to at the 21st session of the National Space-
Based PNT Advisory Board, held May 16-17, 2018, in Baltimore, Maryland. 
The public may follow the discussions by dial-in and/or the web link 
provided. The agenda includes the following topics:

<bullet> Finalize and Approve the National Space-Based PNT Advisory 
Board Topics Paper
<bullet> Finalize and Approve the National Space-Based PNT Advisory 
Board Memorandum on Spectrum Issues to the National Space-Based PNT 
Executive Committee

Carol J. Hamilton,
Acting Advisory Committee Management Officer, National Aeronautics and 
Space Administration.
[FR Doc. 2018-15753 Filed 7-23-18; 8:45 am]
BILLING CODE 7510-13-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
AFFIRM; and Opinion Filed January 18, 2018.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-17-00175-CV

FREDERICK R. LYNCH, Appellant

V.

TIM O’HARE, DAVID R. RAGSDALE, AND THE LAW OFFICES OF TIM O’HARE, 

Appellees

On Appeal from the 162nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-15-12510

MEMORANDUM OPINION

Before Justices Francis, Evans, and Boatright

Opinion by Justice Boatright

Appellant sued appellees alleging legal malpractice in their handling of his personal injury 

lawsuit. The trial court granted appellees’ traditional and no-evidence motion for summary 

judgment on all of appellant’s claims. In a single issue, appellant argues that because no reporter’s 

record was made of the summary judgment hearing, he is unable to present meaningful issues on 

appeal. He relies on two rules of appellate procedure—rules 13.1 and 34.6(f)—in arguing the lack 

of a reporter’s record entitles him to a new trial.

Rule 13.1 lists the duties of a court reporter. TEX. R. APP. P. 13.1. It does not require that 

there be a record of a summary judgment hearing. Id. The Texas Supreme Court has held that 

creating a reporter’s record is neither necessary nor appropriate to the purposes of a summary 
–2–

judgment hearing. Schneider Nat’l Carriers, Inc. v. Bates, 147 S.W.3d 264, 292 n. 141 (Tex. 

2004). 

Rule 34.6(f) provides that an appellant is entitled to a new trial if a significant exhibit or 

portion of a reporter’s record is lost or destroyed. TEX.R. APP. P. 34.6(f). Both parties acknowledge 

a reporter’s record was never made. Therefore, Rule 34.6 does not apply to this case.

Appellant has shown no error. We overrule his single issue and affirm the trial court’s 

Order Granting Defendants’ Traditional and No Evidence Motion for Summary Judgment.

170175F.P05

/Jason Boatright/

JASON BOATRIGHT

JUSTICE
–3–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

FREDERICK R. LYNCH, Appellant

No. 05-17-00175-CV V.

TIM O’HARE, DAVID R. RAGSDALE, 

AND THE LAW OFFICES OF TIM 

O’HARE, Appellees

On Appeal from the 162nd Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. DC-15-12510.

Opinion delivered by Justice Boatright. 

Justices Francis and Evans participating.

In accordance with this Court’s opinion of this date, the judgment of the trial court is 

AFFIRMED.

It is ORDERED that appellees TIM O’HARE, DAVID R. RAGSDALE, and THE LAW 

OFFICES OF TIM O’HARE recover their costs of this appeal from appellant FREDERICK R. 

LYNCH.

Judgment entered this 18th day of January, 2018.
766 Arts, Recreation, and Travel

U.S. Census Bureau, Statistical Abstract of the United States: 2011

Table 1245. Adult Attendance at Sports Events by Frequency: 2009

[In thousands (2,097 represents 2,097,000), except percent. For fall 2009. Percent is based on total projected population of 

225,887,000. Based on survey and subject to sampling error; see source]

Event

Attend one or 

more times in a 

month 

Attend less 

than once a 

month Event

Attend one or 

more times in 

a month 

Attend less 

than once a 

month

NumberPercent NumberPercentNumberPercent NumberPercent

Auto racing—NASCAR. . . . .  2,097 0.9 1,693 7.4  Weekend professional games. . .  4,71

Auto racing—Other. . . . . . . .  2,332 1.0 14,134 6.3 Golf. . .

Baseball. . . . . . . . . . . . . . . . .  9,442 4.2 27,778 12.3 High s

Basketball: Horse racing:

 College games. . . . . . . . . . . 4,623 2.1 15,615 6.9  Flats, runner

 Professional games. . . . . . .  3,990 18 17,893 7.9  Trotters/harness. . .

Bowling. . . . . . . . . . . . . . . . .  1,878 0.8 11,478 5

Boxing. . . . . . . . . . . . . . . . . .  1,199 0.5 11,124 4.9 

Equestrian events. . . . . . . . .  471 0.2 11,111 4.9 Pro beach volleyball. . . . . . . . . . . . 

Figure skating. . . . . . . . . . . .  554 0.3 11,021 4.9 Pro bull rid

Fishing tournaments. . . . . . .  1,059 0.5 11,094 4.9 Rodeo 1. . . .

Football: Soccer. . . . . . . . . . .

 College games. . . . . . . . . . .  7,522 3.3 18,805 8.3 Tenni

 Monday night professional

 games. . . . . . . . . . .

Truck and tractor pull mud racing. . 1,213 0.5 11,955 5.3

Wrestling—professional. . . . . . . . .  1,

1

 Both pro bull riding and rodeo were measured as the combined “Rodeo/Bull riding.”

Source: Mediamark Research & Intelligence. LLC, New York, NY, Top-line Reports (copyright). See <http://www.mediamark

.com>.
EXHIBIT 31.2
 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO SECTION 302
 OF THE SARBANES-OXLEY ACT OF 2002
 
 I, David G. Zahka, certify that:
 
 1. I have reviewed this quarterly report on Form 10-Q of Talk America Holdings, 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. T he registrant's other certifying officers 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)) for the registrant and we 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 registrant, including its consolidated subsidiaries, 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  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 registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and
 
 5.  The registrant's other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent function):
 
 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 registrant'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 registrant's internal control over financial reporting.
 
 
 August 12, 2003
 
 /s/ David G. Zahka
 David G. Zahka
 Chief Financial Officer