alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED August 28, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50240 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus RODIMIRO MURILLO-TORRES, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:05-CR-186-ALL

-------------------- Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM: * Rodimiro Murillo-Torres appeals his guilty-plea conviction of, and sentence for, violating 8 U.S.C. § 1326 by being found in the United States without permission after deportation. He argues, in light of Apprendi v. New Jersey , 530 U.S. 466 (2000), that the 41-month term of imprisonment imposed in his case exceeds the statutory maximum sentence allowed for the § 1326(a) offense charged in his indictment. He challenges the constitutionality of § 1326(b)’s treatment of prior felony andNo. 06-50240 -2- aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury. Murillo-Torres’s constitutional challenge is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although he contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi , we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). MurilloTorres properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review. Murillo-Torres also contends that the sentence imposed in his case is unreasonable because the district court failed to properly weigh the sentencing factors set forth in 18 U.S.C. § 3553(a) and imposed a term of imprisonment greater than necessary to meet § 3553(a)’s objectives. After considering the § 3553(a) factors, the district court sentenced Murillo-Torres to a 41-month term of imprisonment. Murillo-Torres’s sentence fell at the lowest end of his properly calculated advisory guidelines range and is presumptively reasonable. See United States v. Alonzo , 435 F.3d 551, 554-55 (5th Cir. 2006). Murillo-Torres has failed to rebut that presumption. See id.
AFFIRMED.
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## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 16

- 00051

- CR

Allen Lee Polk

v.

The State of Texas §

§

§

§

§ From Criminal District Court No. 4

o f Tarrant County (1422278D )

November 3, 2016

Opini on by Justice Sudderth

(nfp)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was no error in the trial court’s judgment. It is ordered that the judgment of

the trial court is affirmed.

SECOND DISTRICT COURT O F APPEALS

By

_ /s/ Bonnie Sudderth

________________ Justice Bonnie Sudderth
EXHIBIT 32.02  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Michael Cothill, the Chief Accounting and Financial Officer of Hammer Fiber Optics Holdings Corp., certify, under the standards set forth and solely for the purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge, the Quarterly Report on Form 10-Q, Amendment Number 2,  of the Registrant for the period ended October 31, 2019, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in that Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Registrant.  The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and  The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.  Date: December 31, 2019Hammer Fiber Optics Holdings Corp.By:/s/ Michael CothillName:Michael CothillTitle:Chairman and Principal Financial Officer  A signed original of this written statement required by Section 906 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.1



CERTIFICATIONS PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)



In connection with the
Quarterly Report ofIIM Global Corporation(the "Company") on Form 10-Q for the period
ending September 30, 2013 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I,David S. Jones, Chief Executive Officer and 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, as amended; and



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





|                        |    
|----------------------- | ---
|Date: November 25, 2013 | By:
|                        |
Exhibit 31.1

Certification

I, Michael J. Ulrich, certify that:

1. I have reviewed this quarterly report on Form 10-Q of SandRidge Mississippian Trust II, for which The Bank of New York Mellon Trust
Company, N.A., acts as Trustee;

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 and results of operations of the registrant as of, and for, the periods presented in this report;

4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) or for causing such controls and procedures to be
established and maintained, for the registrant and I have:

(a) Designed such disclosure controls and
procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those
entities, particularly during the period in which this report is being prepared;

(b) Evaluated the
effectiveness of the registrants disclosure controls and procedures and presented in this report my 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 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. I have disclosed, based on my most recent evaluation, to
the registrants auditors:

(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 any persons who have a significant role in the registrants
internal control over financial reporting.

In giving the foregoing certifications in paragraphs 4 and 5, I have relied to the extent I
consider reasonable on information provided to me by SandRidge Energy, Inc.



/s/ Michael J. UlrichMichael J. UlrichVice PresidentThe Bank of New York Mellon Trust Company, N.A. as Trustee of SandRidge Mississippian Trust II


Date: August 9, 2013
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 Timberwood Acquisition
Corporation (the "Company"), hereby certify to my knowledge that:

The Report on Form 10-Q for the period ended March 31,
2012 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/ James Cassidy
                                 Chief Executive Officer
                                 Chief Financial Officer
Date: May 15, 2012
Th e State of TexasAppellee/s



# Fourth Court of Appeals

**San Antonio, Texas**

June 18, 2014

N o. 04

- 14

- 00382

- CR

Rene ESCALANTE

, Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 452nd District Court, Edwards County, Texas

Trial Court No. 1679

The Honora ble Robert Hoffman, Judge Presiding



### ORDER

On June 13, 2014, court reporter Tina Yong filed a notice of late reporter’s record. The

record was subseq uently filed on June 1 8 . 2014. Accordingly, we construe the notice of late

reporter’s record as moot.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 18th day of June, 2014

.

___________________________________ Keith E. Hottle

Clerk of Court
Dismiss and Opinion Filed June 7, 2021

In The 

### Court of Appeals Fifth District of Texas at Dallas

No. 05

- 91

- 01288

- CV
A.S. HOLCOMB, JR., Appellant

V. ANITA HOLCOMB , Appellee

On Appeal from the 86th Judicial District Court

Kaufman County, Texas Trial Court Cause No. 84

- 35

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Molberg We reinstate this appeal. In 1992, we abated this case due to bankruptcy. See

T EX

. R. A PP

. P . 8.2. The Court conducted an independent review of the federal Public

Access to Court Electronic Records (PACER) system which does not show a

pending bankruptcy case associated with this appeal

. We notified the parties by letter, requesting they inform th e Court of the status

of the bankruptcy and of this appeal. We cautioned that the failure to respond would

result in the appeal being dismissed for want of prosecution. See id . 42.3(b),(c). To

date, neither party has responded.– 2

–

Because we gave the partie s an opportunity to show why we should not

dismiss the appeal for want of prosecution and no one responded, we dismiss this

appeal. See id . 42.3(b),(c); Brewer v. Admiral Ins. Co ., 2002 WL 31312990, at *1

(Tex. App.

— Dallas Oct. 16, 2002, no writ) (per cur iam) (not designated for

publication).

911288f.p05 /Ken Molberg// KEN MOLBERG JUSTICE– 3

– 

### Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

HOLCOMB, JR., A. S., Appellant

No. 05

- 91

- 01288

- CV V.

ANITA HOLCOMB, Appellee On Appeal from the 86th Judicial District Court, Kaufman County, Texas Trial Court Cause No. 84

- 35. Opinion delivered by Justice Molberg. Justices Goldstein and Smith participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED

.

Judgment entered this 7 th day of June, 2021.
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 Alternative Fuels Americas, Inc. (the “Company”) on Form 10-Q for the fiscal quarter ended
June 30, 21012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Craig Frank,
certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Dated: August 18, 2012



| | /s/ Craig Frank                      
| | -------------------------------------
| | Craig Frank                          
| | Chief Executive Officer and President
**Exhibit 32.1**

 

Securities and Exchange Commission

100 F Street, N.E.

Washington, D.C. 20549

 

RE:      Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)

 

Ladies and Gentlemen:

 

In connection with the Quarterly Report of SandRidge Mississippian Trust II (the “Trust”) on Form 10-Q for the quarterly period ended September 30, 2013 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, not in its individual capacity but solely as the Trustee of the Trust, certifies pursuant to 18 U.S.C. § 1350, that to its knowledge:

 

(1)                                     The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable,  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 Trust.

 

The above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Form 10-Q or as a separate disclosure document.

 
|                  |                                                                                              |
|-----------------------|---------------------------------------------------------------------------------------------------|
|                  | /s/ Michael J. Ulrich                                                                             |
|                  | Michael J. Ulrich                                                                                 |
|                  | Vice President                                                                                    |
|                  | The Bank of New York Mellon Trust Company,   N.A., as Trustee of SandRidge Mississippian Trust II |
|                  |                                                                                              |
| November 8, 2013 |                                                                                              |

 

----
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER>   1000
       
<S>                                     <C>
<PERIOD-TYPE>                           YEAR
<FISCAL-YEAR-END>                       DEC-31-1997
<PERIOD-START>                          JAN-01-1997
<PERIOD-END>                            DEC-31-1997
<CASH>                                       73364 
<SECURITIES>                                 20404 
<RECEIVABLES>                                 2367 
<ALLOWANCES>                                     0 
<INVENTORY>                                      0 
<CURRENT-ASSETS>                             97343 
<PP&E>                                       10837 
<DEPRECIATION>                               (1489)
<TOTAL-ASSETS>                              170031 
<CURRENT-LIABILITIES>                        10708 
<BONDS>                                     131626 
<COMMON>                                        19 
<PREFERRED-MANDATORY>                            0 
<PREFERRED>                                      0 
<OTHER-SE>                                   27603 
<TOTAL-LIABILITY-AND-EQUITY>                170031 
<SALES>                                       1130 
<TOTAL-REVENUES>                              1130 
<CGS>                                         1203 
<TOTAL-COSTS>                                 1203 
<OTHER-EXPENSES>                             12075 
<LOSS-PROVISION>                                 0 
<INTEREST-EXPENSE>                            5934 
<INCOME-PRETAX>                             (15632)
<INCOME-TAX>                                     0 
<INCOME-CONTINUING>                         (15632)
<DISCONTINUED>                                   0 
<EXTRAORDINARY>                                  0 
<CHANGES>                                        0 
<NET-INCOME>                                (15632)
<EPS-PRIMARY>                                 (.94)
<EPS-DILUTED>                                    0 
        

</TABLE>
Exhibit 32.1





Securities and Exchange Commission


100 F Street, N.E.


Washington, D.C. 20549





RE: Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)





Ladies and Gentlemen:





In connection with the Quarterly Report of SandRidge Mississippian Trust II (the “Trust”) on Form 10-Q for the quarterly period ended June 30, 2019 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, not in its individual capacity but solely as the Trustee of the Trust, certifies pursuant to 18 U.S.C. § 1350, that to its knowledge:





(1)  The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 Trust.





The above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Report or as a separate disclosure document.














/s/ Sarah NewellSarah NewellVice PresidentThe Bank of New York Mellon Trust Company, N.A.,as Trustee of SandRidge Mississippian Trust IIAugust 13, 2019
OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

Honorable Ben Y. Thorpe COlllhThttclney Lhxwry county stiyaer,

'Texas

Your letter of roe ticg our opinion 

### e followingfrom

ena either p two separate **im eonrltted**  

### a misaemean0r d 'guilty' in **mala dermaant**  **th oaiwb,**  **oan** Ld sentsnoes

t provide8 how ilnes bat I a0 not **rina** lnarleduaaemr t whore 8ame is

de to Rrtiole 774 of the 'k&m of exIa8, reading,a8 foll0wS:
W:;henthe came defendant has **been** convicted in two or mOre cases, and the punlmhaunt aaaeseed in each ease ie c0urinem3t in the penftent~ary
or the jail for a term of lmprisonmnt, jud&Wt and sentence shall be pronounosd in eaoh 

### cane in the sme manner aslif there had been but one Oonviotion, exospt that in the disaretion or the

### HonorableBer F1 Thorpe,Psgs 2

oourt,the judgmentin the seoondand subsequent aonviotlons mayeither be 

### that the punitint 

### shallbeginwhan the judgmentand seatanoo in the preoedlug aonvicrtlon 

### has oeased to operate, or that the puniebmontshall run ooaourrently with the other case **or** oa8ss. and santsne8 and exoou

### tionshallbar

aooordln&. AOtd 1919, p* 25.1” 

### (Aots 1889, p. 81



### The aboveertiolehas been held to apply to mlrdemeanoreas well as to isltmiem. 3x parteI&via, 71 

### TPX, **Cr.** R. 598, 160 :;. IY. 459; Z&x prts Banks, 41 Tax. Cr. R. 

### 201, 59 **5. E.**  Law”. 

### 688~ 12 Tex. Jur. 821, 906. bl9, ***Orlnlnal**

Xmuever, in the Banks oaae, 

### mugma,it ia 

### polnttd out **that the**  **statute** 

### rerex# only t0 oaaa8 in uhloh 

### lmpbonmast is a part of the punkhmeatt it ha8 no 

### relerenos to l3.Llea. 3’11~sare independaat 

### OS ewh other,and the paymant **of one**  **is** not **the aatlefaotlon**  **oi the**  **of&or. For**  the 

### lateat expression ~8 the **Oourt** of Crldoml Appmlr 680 Ihx pert* 61111am8,199 ‘fox. Or, 

### R. 116, 109 9. VP.(21 

### 171.

A# YOU

have stated pur 

### qubstlon,10 ia answered that where a defandant is oonviotod of two or 81~4 miodem8aaox%wherein tha puDiahseat is by flna only they aann& be titi6ma 00a0~0m.y. li the punhhamtr as fire6 In the sentenueask by lmprleoameat in Jail, the aourt’a order judgment

### and aanteneonlurt affimmtively sh0w the eourts~rr Intention to m&a the punialuaoatr aumulativ8( othomis@ they will be **Qnmsrrent,** iali?x pkrto Dav5.0,**eupnb But**  **lf in**  **621***
W8e tha abfanaanfi mareljr fined while in aaothar hi8 pun

### lrhnmnt 18 **imprlsonamtt,** the aatisfaotion maynot be ann@tWrently aoaompliehea. 8.0 Rx parts W~lliamY, aupra.

Truatlog that the 

### above iully answers your quemtlon, we ara Yoor6 

### very trulr