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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-51114

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OSCAR ARMANDO HERNANDEZ-ESTRADA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-03-CR-81-1-AML

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

Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

 Oscar Armando Hernandez-Estrada appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

Hernandez-Estrada contends that 8 U.S.C. § 1326(a) and 8 U.S.C.

§ 1326(b) define separate offenses. He argues that the prior

conviction that resulted in his increased sentence is an element

of a separate offense under 8 U.S.C. § 1326(b) that should have

been alleged in his indictment. Hernandez-Estrada maintains that

United States Court of Appeals

Fifth Circuit

F I L E D

June 23, 2004

Charles R. Fulbruge III

Clerk
No. 03-51114

-2-

he pleaded guilty to an indictment which charged only simple

reentry under 8 U.S.C. § 1326(a). He argues that his sentence

exceeds the two-year maximum term of imprisonment which may be

imposed for that offense.

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Hernandez-Estrada acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
----

Non-opposition to a notified concentration

(Case COMP/M.3745 — Severstal/Lucchini)

(2005/C 101/08)

(Text with EEA relevance)

On 11 April 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

----
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)

In connection with this Report on Form 10-Q for the quarterly period ended June 30, 2019 (the "Report") of Garrison Capital Inc. (the "Registrant"), as filed with the Securities and Exchange Commission on the date hereof, I, Daniel Hahn, Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, that:

|   | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------|

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

 

| /s/ Daniel Hahn         |
|-------------------------|
| Daniel Hahn             |
| Chief Financial Officer |
| August 9, 2019          |
Exhibit 32.1




Certification of Chief Executive Officer Pursuant to Section 906 of the


Sarbanes-Oxley Act of 2002




I, John J. Patrick, Chief Executive Officer and President of First Connecticut Bancorp, Inc., a Maryland corporation (the “Company”), certify in my capacity as an officer of the Company that I have reviewed the quarterly report on Form 10-Q for the three month period ended March 31, 2011 (the “Report”) and that to the best of their knowledge:




1.
the Report fully complies with the requirements of Sections 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: May 16, 2011

/s/ John J. PatrickJohn J. Patrick, Jr.Chairman, President and Chief Executive Officer




A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 10.5


December 21, 1998



William B. Snow
517 Riveredge Parkway
Dothan, Alabama  36301

RE:  Retirement and Consulting Agreement

Dear Bill:

This  letter  sets  forth  my  understanding  of the  arrangement  which we have
discussed,  and upon  execution  by you, it shall  serve as a binding  agreement
between Movie Gallery,  Inc.,  (the  "Company") and you. The Company  desires to
engage your services as a consultant to the Executive  Committee,  in accordance
with the following terms:

     1. You agree to make  yourself  available  to  consult  with the  Executive
     Committee (and the individual  members  thereof) on a first-call  basis, as
     and when needed.

     2. In  consideration  of the  consulting  services to be  performed  by you
     during the term of this  Agreement,  the Company shall pay you a consulting
     fee of $60,000 per year,  payable in equal successive  bi-weekly  payments,
     due on the Company's normal payroll payment dates.

     3. The term of this consulting agreement shall be one (1) year,  commencing
     January 1, 1999.

     4. You shall  continue to serve as Vice  Chairman of the Board of Directors
     of the Company, subject to annual election;  however, you shall function as
     an outside director, and as such you shall receive the same director's fees
     as the other outside directors of the Company.

     5. The Company  shall  continue to maintain  your family  health  insurance
     coverage  and you shall  continue  to have the use of your  Company  credit
     card,  both to the same  extent (if any) as the  Executive  Officers of the
     Company.


                                       
<PAGE>

     6. This Agreement shall be binding upon the Company,  its successors and/or
     assigns.

     7. This Agreement shall immediately  terminate upon your death or permanent
     disability.  For  purposes  of this  Agreement,  you  shall be deemed to be
     permanently  disabled  in the event that you are  unable,  due to mental or
     physical  disability,  to  perform  services  under  this  Agreement  for a
     continuous period of more than ninety (90) days.

     8. You shall have the right to terminate  this  Agreement  upon thirty (30)
     days written notice to the Executive Committee.

     9. In the event  that you fail to comply  with the terms of this  Agreement
     for any reason other than death or mental or physical disability, then this
     Agreement shall terminate upon thirty (30) days written notice to you.

If you are in agreement with the above,  please execute this letter in duplicate
in the space provided below and return one original to me.

Sincerely,

/s/ J. T. Malugen

J. T. Malugen

JTM/mc

AGREED TO AND ACKNOWLEDGED THIS
21st DAY OF DECEMBER, 1998.

/s/ William B. Snow
----------------------------------
William B. Snow
EXHIBIT 4.5.9  AGREEMENT TO CONVERT CONVERTIBLE SUBORDINATED NOTE TO SHARES OF THE COMPANYS COMMON STOCK
SCOTT BROCK



December 23, 2003



Mr. Jason K. Wadzinski

President/CEO

Advant-e Corporation

2680 Indian Ripple Road

Dayton, OH 45440



Mr. Wadzinski,



This letter is to inform you of my request to convert $25,000 of the Convertible Subordinated Note dated July 9, 2002 that I hold into common stock of Advant-e Corporation.



Based on the conversion price of $1.10 per share, I am expecting to be issued 22,727 shares
of Advant-e Common Stock as per the Note Purchase Agreement dated July 9, 2002.



As of January 5, 2004 when the note is due, there will be $681 of accrued interest that I would like paid in cash.



I will forward to you the original Convertible Subordinated Note as per the terms of the Note Purchase Agreement.



Sincerely,



|           
|-----------
|           
|           
|           
|Scott Brock



Tobat Capital, LLC

300 Crescent Court, Suite 1170 Dallas, Texas 75201

214.468.9119 (Telephone)
2 14.468.0440 (Facsimile)

www.tobatcapital.com



49
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 55 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 55

 To prohibit Members of Congress and the President from receiving pay 
                      during Government shutdowns.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 22 (legislative day, January 3), 2013

 Mrs. Boxer (for herself and Mr. Casey) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To prohibit Members of Congress and the President from receiving pay 
                      during Government shutdowns.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON PAY DURING GOVERNMENT SHUTDOWN.

    (a) In General.--Members of Congress and the President shall not 
receive basic pay for any period in which--
            (1) there is more than a 24-hour lapse in appropriations 
        for any Federal agency or department as a result of a failure 
        to enact a regular appropriations bill or continuing 
        resolution; or
            (2) the Federal Government is unable to make payments or 
        meet obligations because the public debt limit under section 
        3101 of title 31, United States Code, has been reached.
    (b) Retroactive Pay Prohibited.--No pay forfeited in accordance 
with subsection (a) may be paid retroactively.
                                 <all>
```
**Exhibit 32.3****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 DiamondCluster International, Inc. (the“Company”) on Form 10-K for the period ending March 31, 2004 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,William R. McClayton, Senior Vice President of Finance and Administration ofthe 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) or15(d) of the Securities Exchange Act of 1934; and
     (2) The information contained in the Report fairly presents, in allmaterial respects, the financial condition and result of operations of theCompany.
/s/ William R. McClayton
 
William R. McClaytonSenior Vice President, Finance and AdministrationJune 7, 2004
6
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 S.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Palm Harbor Homes, Inc. (the Company) on Form
10-K for the year ended March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kelly Tacke, 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 (15 U.S.C.78m 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.



|    |  |                                                                              
|--- |  | -----------------------------------------------------------------------------
|By: |  | /s/    KELLY
TACKE                                                           
|    |  | Kelly Tacke, Chief Financial Officer (Chief Financial and Accounting Officer)
|    | 
|    |  | June 6, 2006
Order entered December 19, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-01229-CV

KALEI MERRILL, Appellant/Cross-Appellee

V.

MITCHELL CURRY, MELINDA DEFELICE AND TAMIRA GRIFFIN, EACH 

INDIVIDUALLY AS DEFENDANTS, Appellees/Cross-Appellants

On Appeal from the 380th Judicial District Court

Collin County, Texas

Trial Court Cause No. 380-01827-2019

ORDER

Before the Court is appellant/cross-appellee’s December 16, 2019 unopposed motion for 

a fourteen-day extension of time to file her combined appellant’s reply and cross-appellee’s 

response brief. We GRANT the order and extend the time to January 14, 2020.

/s/ KEN MOLBERG 

JUSTICE
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#### In the Matter of Rome Sentinel Company, Appellant, v City of Rome et al., Respondents.

(Appeal No. 1.)

Judgment unanimously affirmed without costs *(see, Matter of Prisoners’ Legal Servs. v New York State Dept. of Correctional Servs.,*73 NY2d 26). (Appeal from Judgment of Supreme Court, Oneida County, Shaheen, J.—Article 78.) Present—Dillon, P. J., Callahan, Denman, Green and Pine, JJ. *[See,*145 Misc 2d 183.]
##### 

EXHIBIT 32 

SECTION 1350 CERTIFICATION 

In connection with the Annual Report of SpectRx, Inc. (the "Company") on Form 10-K for the year ended December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Mark A. Samuels, Chief Executive Officer of the Company certify, pursuant to 18 U.S.C. Sec 1350, as adopted pursuant to Sec 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge: 

(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: July 8, 2004 

/s/ MARK A. SAMUELS 

Name: Mark A. Samuels 

Title: Chief Executive Officer 

----

 

##### 

SECTION 1350 CERTIFICATION 

In connection with the Annual Report of SpectRx, Inc. (the "Company") on Form 10-K for the year ended December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Thomas H. Muller, Jr., Chief Financial Officer of the Company certifies, pursuant to 18 U.S.C. Sec 1350, as adopted pursuant to Sec 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge: 

(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: July 8, 2004 

/s/ THOMAS H. MULLER, JR. 

Name: Thomas H. Muller, Jr. 

Title: Chief Financial Officer
**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 Radiation Therapy Services Holdings, Inc. (the “Company”) on Form 10-Q for the quarterly period ended March 31, 2011 (the “Report”), I, Daniel E. Dosoretz, M.D., President and Chief Executive 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:

 

(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.

 

A signed original of this written certification required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

 

 
| /s/   DANIEL E. DOSORETZ, M.D.          |   |
|-----------------------------------------|--------|
|                                    |   |
| Daniel   E. Dosoretz, M.D.              |   |
| President   and Chief Executive Officer |   |
| (principal   executive officer)         |   |
| May 13,   2011                     |   |

 

----
<PAGE>

                                                                    Exhibit 12.1

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

Fernando Senderos Mestre, as Chief Executive Officer, and Arturo D'Acosta Ruiz,
as Chief Financial Officer of Desc, S.A. de C.V. (the "Company") each certifies,
pursuant to 18 U.S.C. Section 1350, as adopted by Section 906 of the
Sarbanes-Oxley Act of 2002, that to my knowledge:

(1) the accompanying Form 20-F report for the period ending December 31, 2002 as
filed with the U.S. Securities and Exchange Commission (the "Report") fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended; and

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

Dated: June 30, 2003

                                                    /s/ Fernando Senderos Mestre
                                                    ----------------------------
                                                    Fernando Senderos Mestre
                                                    Chief Executive Officer

                                                    /s/ Arturo D'Acosta Ruiz
                                                    ----------------------------
                                                    Arturo D'Acosta Ruiz
                                                    Chief Financial Officer

A signed original of this written statement required by Section 906 has been
provided to Desc, S.A. de C.V. and will be retained by Desc, S.A. de C.V. and
furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 10.59

 

Montpelier Re Holdings Ltd.

 

February 25, 2014

 

Christopher L. Harris

Montpelier House

94 Pitts Bay Road

Pembroke, Bermuda  HM08

 

Re:  Assignment of Director Remuneration paid by Blue Capital Reinsurance Holdings Ltd.

 

Dear Chris:

 

This letter agreement relates to your service as a director on the Board of Directors of Blue Capital Reinsurance Holdings Ltd. (“BCRH”).  For so long as you serve as a director of BCRH and are an employee of Montpelier Re Holdings Ltd. (the “Company”), you hereby agree to assign to the Company your rights to any remuneration, including but not limited to cash, equity, equity-based awards and expense reimbursements, paid, payable or granted to you in your capacity as a director of BCRH.  For the avoidance of doubt, this letter agreement shall not apply to (a) reimbursement by BCRH of out-of-pocket expenses for which you personally paid or (b) any compensation payable to you by BCRH other than in your capacity as a director of BCRH.

 

Intending to be legally bound hereby, the parties have executed this letter agreement on the dates set forth below.

 

	
 
    	
MONTPELIER   RE HOLDINGS LTD.,
    
	
 
    	
 
    
	
 
    	
      by
    	
 
    
	
 
    	
 
    	
/s/ Anthony Taylor
    
	
 
    	
 
    	
Name:   Anthony Taylor
    
	
 
    	
 
    	
Title:   Chairman of the Board
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
/s/ Christopher L. Harris
    
	
 
    	
 
    	
Christopher   L. Harris