alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Under 5 TH C IR . R. 47.5, the court has determined that this

opinion should not be published and is not precedent except in the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-30325 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CHARLES RAY SMITH, JR., also known as Charlieman, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 96-CV-1832 (93-CR-50054-1)

- - - - - - - - - - August 27, 1998 Before WISDOM, WIENER, and DENNIS, Circuit Judges.
PER CURIAM: * Charles Ray Smith, Jr., # 08377-035, appeals the district court’s denial of his 28 U.S.C. § 2255 motion. We granted a certificate of appealability (COA) on Smith’s claim that his counsel was ineffective for failing to perfect his direct appeal. Smith contends that he received ineffective assistance of counsel when his attorney failed to file a notice of appeal upon Smith’s request, resulting in the loss of his right to a direct appeal. Smith argues that the district court erred in dismissing his § 2255 motion without holding an evidentiary hearing.No. 97-30325 -2- The failure of counsel to perfect an appeal upon request of his client may constitute ineffective assistance of counsel, entitling the defendant to an out-of-time appeal. See United States v. Gipson , 985 F.2d 212, 215 (5th Cir. 1993). “A motion brought under 28 U.S.C. § 2255 can be denied without a hearing only if the motion, files, and records of the case conclusively show that the prisoner is entitled to no relief." United States v. Bartholomew , 974 F.2d 39, 41 (5th Cir. 1992). Smith alleged in his § 2255 motion and accompanying memorandum that he was denied his right to a direct appeal due to ineffective assistance of counsel for failure to perfect an appeal. The Government did not respond to his allegations. The district court did not address them. And, Smith was not given the opportunity to develop his claim. The record does not conclusively show that Smith is not entitled to relief on this issue. It cannot be determined from the record whether Smith’s attorney advised him of his right to appeal or whether Smith requested his counsel to file a notice of appeal. Smith was entitled to an evidentiary hearing. Bartholomew , 974 F.2d at 41. The district court’s judgment is VACATED, and this case is REMANDED to the district court for an evidentiary hearing to develop the facts relating to Smith’s claim that he was denied his right to a direct appeal due to ineffective assistance of counsel.
VACATED AND REMANDED.
# United State s Court of Appeals For the First Circuit No. 11-1663 FISHMAN TRANSDUCERS, INC., Plaintiff, Appellant,

v. STEPHEN PAUL, d/b/a Esteban; DAYSTAR PRODUCTIONS;

HSN INTERACTIVE LLC, Defendants/Third-Party Plaintiffs-Appellees.

__________ FORCE USA, INC.; FORCE, LTD., Third-Party Defendants.

ERRATA The opinion of this Court, issued on July 3, 2012, should be amended as follows. On page 6, line 6 of 1st paragraph, replace "(section 1125@)" with "(section 1125(c))".
**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**

 

In connection with the Quarterly Report of New Enterprise Stone & Lime Co., Inc. (the “Company”) on Form 10-Q for the quarter ended August 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Form 10-Q”), I, Paul I. Detwiler, III, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

 

(i)     the Form 10-Q 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

Dated: October 24, 2011

 

 
| /s/   Paul I. Detwiler, III      |   |
|---------------------------------------|--------|
| Paul   I. Detwiler, III          |   |
| President,   Chief Financial Officer, |   |
| and   Secretary                       |   |

 

----
|     |                                                                                                                       |
|-----|-----------------------------------------------------------------------------------------------------------------------|
| (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 consolidated financial condition and results of operations of the Company as of the dates and for the periods expressed in the Report. |

|                             |
|-----------------------------|
|                             |  |  |  |  |  |  |
| Dated: August 14, 2019 |   |   |   | By |   | /s/ Seth Taube |
|                        |   |   |   |   |   | Seth Taube |
|                        |   |   |   |   |   | Chief Executive Officer |

|                             |
|-----------------------------|
|                             |  |  |  |  |  |  |
| Dated: August 14, 2019 |   |   |   | By |   | /s/ Richard T. Allorto, Jr. |
|                        |   |   |   |   |   | Richard T. Allorto, Jr. |
|                        |   |   |   |   |   | Chief Financial Officer |
UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Mark Alan Foley

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a )(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI INSPIRE 1 UNMANNED

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on April 3 , 2015

Mark Alan Foley

137 Foxwood Circle

Bonaire

, Ga 31005

478

- 213

- 1112

FAA Airman Certificate # 364624848
II 

113TH CONGRESS 

1ST SESSION S. 868 

To require the Secretary of Defense to establish a process to determine 

whether individuals claiming certain service in the Philippines during 

World War II are eligible for certain benefits despite not being on 

the Missouri List, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2013 

Mr. HELLER (for himself and Ms. HIRONO) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To require the Secretary of Defense to establish a process 

to determine whether individuals claiming certain service 

in the Philippines during World War II are eligible for 

certain benefits despite not being on the Missouri List, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Filipino Veterans 

5 Promise Act’’. 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•S 868 IS

1 SEC. 2. DETERMINATION OF CERTAIN SERVICE IN PHIL2 IPPINES DURING WORLD WAR II. 

3 (a) IN GENERAL.—The Secretary of Defense, in con4 sultation with the Secretary of Veterans Affairs and such 

5 military historians as the Secretary of Defense considers 

6 appropriate, shall establish a process to determine whether 

7 a covered individual served as described in subsection (a) 

8 or (b) of section 107 of title 38, United States Code, for 

9 purposes of determining whether such covered individual 

10 is eligible for benefits described in such subsections. 

11 (b) COVERED INDIVIDUALS.—For purposes of this 

12 section, a covered individual is any individual who— 

13 (1) claims service described in subsection (a) or 

14 (b) of section 107 of title 38, United States Code; 

15 and 

16 (2) is not included in the Approved Revised Re17 constructed Guerilla Roster of 1948, known as the 

18 ‘‘Missouri List’’. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
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 INDIGO INTERNATIONAL, CORP. (the "Company")  on Form 10-Q for the period  ended  May 31,  2011 as filed with the Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the undersigned,  in the  capacities  and  on  the  dates  indicated  below,  hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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 13, 2011





/s/ Ireneusz Antoni Nawrot

__________________________

Ireneusz Antoni Nawrot, President,

Chief Executive Officer and

Chief Financial Officer
<PAGE>
                                  EXHIBIT 23.2
                     CONSENT OF PRICEWATERHOUSECOOPERS, LLP

    We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (Nos. 333-28323, 333-32447, 333-45973, 333-61013 and
333-64937) and Form S-8 (Nos. 333-06821, 333-32449, 333-60041, 333-84137,
333-89543 and 333-89545) of Open Market, Inc. of our report dated March 10, 1999
relating to the financial statements of FutureTense, Inc., which appears in this
Annual Report on Form 10-K. The financial statements of FutureTense, Inc. are
not included in this Annual Report on Form 10-K and we have not audited any
financial statements of FutureTense, Inc. subsequent to December 31, 1998 or
performed any audit procedures subsequent to the date of our report.

                                          /s/ PricewaterhouseCoopers LLP

Boston, Massachusetts
March 30, 2001
rtnb_ex101.htm


Exhibit 10.1


 



root9B Technologies, Inc.


1185 Avenue of the Americas, Suite 1750


New York, New York 10036


 


February 25, 2016







Kenneth T. Smith


1301 Piccadilly Dr.


Charlotte, NC  28211


E-mail: kensmith1301@gmail.com












Dear Mr. Smith:


 


Reference is hereby made to that certain Independent Contractor Consulting Agreement dated as of November 11, 2015 by and between Kenneth T. Smith and root9B Technologies, Inc. (the “Company”), attached as Exhibit A hereto (the “Agreement”). Capitalized terms used but not defined herein shall have the meanings set forth in the Agreement.


 


Pursuant to Section 3 of the Agreement, the Term of the Agreement was to continue through February 28, 2016, unless sooner terminated in accordance with the provisions of the Agreement.  The parties desire to extend the Term of the Agreement, and therefore agree to amend the Agreement by deleting Section 3 thereof and replacing it, in its entirety, with the following:


 


“The term of this Agreement shall commence as of November 23, 2015 and continue through March 13, 2016, unless sooner terminated in accordance with the provisions of this Agreement (the “Term”).”


 


Upon the execution of this letter agreement by each of the undersigned, the Agreement shall be deemed amended to the extent set forth herein.  All other terms and provisions of the Agreement shall remain in full force and effect.  If there is any inconsistency with the terms of the Agreement and this letter agreement, the terms of this letter agreement shall govern.  This letter agreement is intended to be a final expression of the parties’ agreement to amend the Agreement and is intended to be a complete and exclusive statement of the parties’ agreement and understanding with respect to such amendment.  This letter agreement may not be modified or amended except by a written agreement signed by all of the undersigned.







Sincerely,







___________________________


Brian King


Chief Operating Officer


 


Agreed to and accepted:







___________________________


Kenneth T. Smith









  





1











  








 



Exhibit A


 


Independent Contractor Consulting Agreement


 


 


 


 


 


 


 


 


2
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Exhibit 31.1
**CERTIFICATION**
I, Joe G. Brooks, the chairman, co-chief executive officer, and president, certify that:
     1. I have reviewed this annual report on Form 10-K of Advanced Environmental RecyclingTechnologies, Inc.;
     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;
     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;
     4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;
b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and
c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and
     5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions):
a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and
b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.
Dated: April 14, 2005         /s/ JOE G. BROOKS   Joe G. Brooks   *Chairman, Co-Chief Executive Officer and President*
EXHIBIT 21

                           SUBSIDIARIES OF THE COMPANY

     The  following  is  a  list  of  all  subsidiaries,   the  state  or  other
jurisdiction of incorporation or organization of each, and the names under which
such subsidiaries do business:

1.   Toucan Mining  Limited  ("Toucan  Mining"),  an  exploration  stage company
     incorporated under the laws of the Isle of Man (British Isles), is a wholly
     owned subsidiary of the Company.

2.   Mineradora de Bauxita Ltda. ("MBL"), an authorized mining company organized
     under the laws of Brazil, is a wholly owned subsidiary of Toucan Mining.
EXHIBIT 32



CERTIFICATION PURSUANT TO SECTION 906





Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, I, the undersigned officer of First Rate Staffing Corporation (the "Company"),
hereby certify to my knowledge that:



The Report on Form 10-Q for the period ended March 31, 2014
of the Company fully complies, in all material respects, with the requirements of Section 13(a) or 15(d) of the Securities Exchange
Act of 1934, and the information contained in the Report fairly represents, in all material respects, the financial condition and
results of operations of the Company.



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.



| |  | /s/ Cliff Blake                          
| |  | -----------------------------------------
| |  | President and Principal executive officer
| |  | Principal financial officer              



Date: May 15, 2014
|SUITE 1850                |                            
|------------------------- | ---------------------------
|1066 WEST HASTINGS STREET |                            
|VANCOUVER, BC V6E 3X2     |                            
|                          |                            
|T:
    604.683.3850       | ACAL
    GROUP             
|F:
    604.688.8479       | CHARTERED
    ACCOUNTANTS  
|                          | PCAOB
    & CPAB Registrant



AUDITORS’CONSENT



We consent to the incorporation of our
report dated August 28, 2012, with respect to the consolidated statements of financial position as at April 30, 2012 and April
30, 2011 and May 1, 2010, and the consolidated statements of operations and comprehensive loss, consolidated statements of cash
flows and consolidated statements of changes in equity for the years ended April 30, 2012 and April 30, 2011 on the Company's Annual
Report Form 20-F dated September 12, 2012.



“ACAL Group”

Chartered Accountants

Vancouver, British Columbia

September 12, 2012
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1997             MAR-31-1996
<PERIOD-END>                               MAR-31-1997             MAR-31-1997
<CASH>                                         165,536                  30,380
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   38,852                  54,862
<ALLOWANCES>                                         0                       0
<INVENTORY>                                    185,518                  83,881
<CURRENT-ASSETS>                               398,409                 175,767
<PP&E>                                         454,174                  93,533
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                               1,286,760                 546,403
<CURRENT-LIABILITIES>                          703,670                 243,929
<BONDS>                                              0                       0
<COMMON>                                         1,312                   1,267
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<OTHER-SE>                                           0                       0
<TOTAL-LIABILITY-AND-EQUITY>                 1,286,760                 546,403
<SALES>                                        776,963                 382,137
<TOTAL-REVENUES>                               776,963                 382,137
<CGS>                                          291,072                 167,566
<TOTAL-COSTS>                                1,974,738               2,031,698
<OTHER-EXPENSES>                                13,326                  61,588
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                            (1,502,173)             (1,878,715)
<INCOME-TAX>                                       400                     300
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                               (1,502,573)             (1,879,015)
<EPS-PRIMARY>                                        0                       0
<EPS-DILUTED>                                    (.12)                   (.15)
        

</TABLE>