alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DI SMISS; Opinion Filed November 25 , 2014.

In The 

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

No. 05

- 1 3

- 0 1761

- CR
JOE EARL WALTON, JR. , Appellant

V.

THE STATE OF TEXAS , Appellee
On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F 12

- 51913

- Y



### MEMORANDUM OPINION

Before Justices Bridges, Lang

- Miers, and Myers
Appellant has filed a motion to dismiss the appeal. Appellant’s counsel has approved the

motion.
The Court hereby GRANTS the motion to dismiss and ORDERS the appeal

DISMISSED and that this decision be certified below for observance. See T EX

. R. A PP

. P.
42.2(a).

PER CURIAM

Do Not Publish T EX

. R. A PP

. P. 47 131761F.U05- 2

- 

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

JUDGMENT

JOE EARL WALT ON, JR. , Appellant

No. 05

- 1 3

- 01761

- CR V.

THE STATE OF TEXAS , Appellee Appeal from the Criminal Distr ict Court No. 7 of Dallas County, Texas (Tr.Ct.No. F12

- 51913

- Y ). Opinion delivered by Justice Myers
, Justices Bridges and Lang

- Miers participat ing.

Based on the Court’s opinion of this date, we G R ANT appellant’s motion to voluntarily dismiss his appeal and DISMISS the appeal.

Judgment entered this 25 th day of November , 2014.
Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman Mary Beth Kelly

Brian K. Zahra Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 27, 2015

a0520 

# Order

Clerk May 27, 2015

150437

- 8

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff

- Appellee,

v SC: 150437

- 8 COA: 316827, 316829 Wayne CC: 12

- 010423

- FC, GABRIEL ANTONIO ALFARO, 12

- 010424

- FC Defendant

- Appellant. _____________________________________/

On order of the Court, the application for leave to appeal the September 16, 2014 judgment of the Court of Appeals is co nsidered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of Appeals, we VACATE the sentence of the Wayne Circuit Court for second

- degree criminal sexual conduct (CSC II), and we REMAND thi s case to the trial court for resentencing on the defendant’s conviction for CSC II. Even assuming, without deciding, that MCL 771.14(2)(e) addresses the duties of the trial court, the probation officer was required to calculate the sentencing guidelines range for CSC II, and the trial court was required to determine the applicable guidelines ran ge. See MCL 777.21(2). MCL

771 .14(2)(e) required the probation officer to include in the presentence report in this case both the “sentence grid

. . . that conta ins the recommended minimum sentence range” and the “computation that determines” that range for all convictions for which a

consecutive sentence was authorized. Because the acts of criminal sexual conduct in this case occurred in the same transaction, th e court was authorized to impose a sentence for CSC II that is consecutive to the sentences for CSC I. MCL 750.520b(3). Because the defendant was being sentenced for a felony occurring after January 1, 1999, and subject

to MCL 777.1 et seq. , the trial co urt is required to sentence the defendant within the appropriate sentencing guidelines range, or articulate on the record a substantial and compelling reason for departing from the sentencing guidelines range. MCL 769.34(2); People v Babcock , 469 Mich 247 (2003).

In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
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 NewPage Holding Corporation and NewPage Corporation (the Companies) on Form 10-Q
for the period ending March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Tom Curley, Chief Executive Officer of the Companies, certify, pursuant to 18 U.S.C. §1350, as
adopted pursuant to §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 position and results of operations of the Companies.



|                       
|-----------------------
|/s/ Tom Curley         
|Tom Curley             
|Chief Executive Officer
|May 6, 2010
No. 13899 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1978 

MONTANA SEEDS, INC., a Montana Corporation, 

Plaintiff and Respondent, 

MAURICE HOLLIDAY and/or HOLLIDAY 

LAND & LIVESTOCK, CO., 

Defendants and Appellants. 

Appeal from: District Court of the Fourteenth Judicial District, 

Honrable Nat Allen, Judge presiding. 

Counsel of Record: 

For Appellants: 

Potter and Neier, White Sulphur Springs, Montana 

John V. Potter argued, White Sulphur Springs, Montana 

For Respondent : 

Keil and Gustafson, Conrad, Montana 

Dale L. Keil argued, Conrad, Montana 

- - 

Submitted: May 3, 1978 

Decided: 4; i: 5 

2 

Filed: q7- - 2 

&wy/ C erk
EXHIBIT 31.1

                                 CERTIFICATION

      I, Edward J. Wegel, certify that:

      1.    I have reviewed this quarterly report on Form 10-Q of Liberator BDC,
Inc.;

      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, results of operations 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 and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and 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 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 officer(s) 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
functions):

      (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.



       Date: May 15, 2008               By: /s/ Edward J. Wegel
                                            -----------------------------------
                                                Edward J. Wegel
                                                Principal Executive Officer
# Delegation of Authority Pursuant to Sections 110(d)(4) and 110(f) of the Trafficking Victims Protection Act of 2000, as Amended 

# Memorandum for the Secretary of State 

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you the authority conferred upon the President by the Trafficking Victims Protection Act of 2000 (Division A of Public Law 106-386), as amended (the “Act”), to determine, consistent with sections 110(d)(4) and 110(f) of the Act, with respect to Burma for fiscal year 2012, that assistance described in section 110(d)(1)(B) of the Act would promote the purposes of the Act or is otherwise in the national interest of the United States. 

                    You are authorized and directed to publish this memorandum in the                     *Federal Register*.                 

[FR Doc. 2012-4600

Billing code 4710-10-P
<PAGE>   1

                                                                    EXHIBIT 11.1

                 STATEMENT RE COMPUTATION OF PER SHARE EARNINGS

     The following table sets forth the computation of basic and diluted 
earnings per share:

<TABLE>
<CAPTION>
                                        January 27, 1999    January 28, 1998    January 29, 1997
                                        ----------------    ----------------    ----------------
<S>                                     <C>                 <C>                 <C>
NUMERATOR:
     Net (loss) income                     (2,562,308)          (9,112,761)          (985,705)

DENOMINATOR:
     Basic and diluted weighted 
       average common shares 
       outstanding                          5,934,287            5,392,609          4,414,000

Basic and diluted loss earnings 
       per share                                (0.43)               (1.69)             (0.22)
</TABLE>

     For the years ended January 27, 1999, January 28, 1998 and January 29,
1997, stock options of 2,057,267, 1,984,183 and 301,350 respectively, and
warrants of 850,000, 1,095,000 and 160,000 respectively, were not included in
the computation of diluted earnings per share as losses were incurred in those
years.
<PAGE>
 
                                                                   EXHIBIT 10.15
 
                         [LETTERHEAD OF CB COMMERCIAL]

May 20, 1997

Mr. Donald M. Koll
KOLL The REAL ESTATE SERVICES COMPANY
4343 Von Karman Avenue
Newport Beach, California 92660

Dear Don:

This letter will confirm your engagement as a consultant to CB Commercial Real
Estate Group, Inc. ("CBC") for a one year period commencing with the Effective
Date of our Merger with Koll Real Estate Services. We ask that you spend not to
exceed 20 hours a month doing the following:

 .   Consulting with our senior executives with respect to commercial real estate
    matters including economic trends.

 .   Acting as a goodwill agent of CB Commercial at the many real estate related 
    conferences and groups of which you are such an important part.

For your services CBC will pay you $12,500 per month and reimburse you for all 
expenses which you reasonably incur on our behalf including travel expenses 
incurred at our request. Your engagement may be terminated by either party on 30
days advance written notice and neither party shall have any liability to the 
other party as a result of such termination.

You have been granted a stock option by CB Commercial Real Estate Services
Group, Inc. for 250,000 shares of its common stock at a price of $36.75. Your
option is fully vested but will terminate one year after this Letter Agreement
is terminated.

You will be an independent contractor and as such you will determine when and 
how you provide services as well as the projects which you are to work on. You 
will have no authority to bind CB Commercial or its affiliates.

If the foregoing is acceptable please sign and return to me the extra copy of 
this letter which I have enclosed.

Yours very truly,

/s/ James J. Didion

James J. Didion

c.  Nancy Morris/CB Commercial
    Walter Stafford/CB Commercial

AGREED AND ACCEPTED THIS 16 DAY OF JULY, 1997

/s/ Donald M. Koll
_____________________
Order entered October I , 2012 

In The 

Court of Mppeato 

jf iftb 313ifitrict of Mexao at 113aftao 

No. 05-12-00841-CR 

CLIFFORD CURTIS BELL, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the 204th Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. F11-27307-Q 

ORDER 

The reporter's record is overdue in this appeal. Accordingly, we ORDER the trial court 

to make findings of fact regarding whether appellant has been deprived of the reporter's record 

because of ineffective counsel, indigence, or for any other reason. 

o The trial court shall first determine whether appellant desires to prosecute the 

appeal. If the trial court determines that appellant does not desire to prosecute 

this appeal, it shall make a finding to that effect. 

o If the trial court determines that appellant desires to prosecute the appeal, it shall 

next determine whether appellant is indigent and entitled to proceed without 

payment of costs for the reporter's record. If appellant is entitled to proceed 

without payment of costs, the trial court shall make a finding to that effect. 

Moreover, if appellant is indigent, the trial court is ORDERED to take such 

measures as may be necessary to assure effective representation, which may 

include appointment of new counsel. If the trial court finds appellant is not 

indigent, it shall determine whether retained counsel has abandoned the appeal. 
LANA MYERS 

JUSTICE 

o The trial court shall next determine .(1) the name and address of each court 

reporter who recorded the proceedings in this cause; (2) the court reporter's 

explanation for the delay in filing the reporter's record; and (3) the earliest date by 

which the reporter's record can be filed. 

We ORDER the trial court to transmit a supplemental record, containing the written 

findings of fact, any supporting documentation, and any orders, to this Court within THIRTY 

DAYS of the date of this order. 

The appeal is ABATED to allow the trial court to comply with this order. It shall be 

reinstated thirty days from the date of this order or when the supplemental record is received, 

whichever is earlier.
* 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. 99-11258

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

TRACY L. BROWN,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:99-CR-126-ALL-L

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

August 24, 2000

Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges. 

PER CURIAM:*

The Federal Public Defender has moved for leave to withdraw

and has filed a brief as required by Anders v. California, 386

U.S. 738 (1967). Brown has received a copy of counsel’s brief

and motion but has not filed a response. Our independent review

of the brief and the record discloses no nonfrivolous issue. 

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.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-1997
<PERIOD-END>                               JUL-31-1997
<CASH>                                           3,155
<INT-BEARING-DEPOSITS>                           2,313
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     28,309
<INVESTMENTS-CARRYING>                         121,850
<INVESTMENTS-MARKET>                           122,571
<LOANS>                                        332,287
<ALLOWANCE>                                      3,647
<TOTAL-ASSETS>                                 502,092
<DEPOSITS>                                     329,663
<SHORT-TERM>                                    75,976
<LIABILITIES-OTHER>                              7,200
<LONG-TERM>                                     37,443
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            40
<OTHER-SE>                                      44,820
<TOTAL-LIABILITIES-AND-EQUITY>                 502,092
<INTEREST-LOAN>                                 26,180
<INTEREST-INVEST>                               10,801
<INTEREST-OTHER>                                   770
<INTEREST-TOTAL>                                37,751
<INTEREST-DEPOSIT>                              15,654
<INTEREST-EXPENSE>                              22,330
<INTEREST-INCOME-NET>                           15,421
<LOAN-LOSSES>                                      500
<SECURITIES-GAINS>                                 (66)
<EXPENSE-OTHER>                                 12,587
<INCOME-PRETAX>                                  3,302
<INCOME-PRE-EXTRAORDINARY>                       3,302
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,283
<EPS-PRIMARY>                                      .64
<EPS-DILUTED>                                      .64
<YIELD-ACTUAL>                                    3.19
<LOANS-NON>                                        963
<LOANS-PAST>                                       301
<LOANS-TROUBLED>                                   776
<LOANS-PROBLEM>                                  6,160
<ALLOWANCE-OPEN>                                 4,412
<CHARGE-OFFS>                                    1,635
<RECOVERIES>                                       370
<ALLOWANCE-CLOSE>                                3,647
<ALLOWANCE-DOMESTIC>                             3,647
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          3,335
        

</TABLE>
Exhibit 32





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 Globetech Ventures Corp. (the Company) on Form 20-F for the period ended September 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of the Company certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to such officers 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 as of the dates and for the periods expressed in the Report.





| | Date:  April 21, 2005 |                        
| | --------------------- | -----------------------
| |                       | /s/ Thomas Kennedy     
| | Name:                 | Thomas Kennedy         
| | Title:                | Chief Executive Officer
| |                      
| |                      
| | /s/ Casey Forward    
| |                       | Name:                  
| |                       | Title:
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1421 Engrossed in Senate (ES)]

111th CONGRESS
  2d Session
                                S. 1421

_______________________________________________________________________

                                 AN ACT

 
 To amend section 42 of title 18, United States Code, to prohibit the 
          importation and shipment of certain species of carp.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Asian Carp Prevention and Control 
Act''.

SEC. 2. ADDITION OF SPECIES OF CARP TO THE LIST OF INJURIOUS SPECIES 
              THAT ARE PROHIBITED FROM BEING IMPORTED OR SHIPPED.

    Section 42(a)(1) of title 18, United States Code, is amended by 
inserting ``of the bighead carp of the species Hypophthalmichthys 
nobilis;'' after ``Dreissena polymorpha;''.

            Passed the Senate November 17, 2010.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                                S. 1421

_______________________________________________________________________

                                 AN ACT

 To amend section 42 of title 18, United States Code, to prohibit the 
          importation and shipment of certain species of carp.
```
Exhibit 32.1

                          CERTIFICATION OF 10-K REPORT
                                       OF
                     BIRNER DENTAL MANAGEMENT SERVICES, INC.
                  FOR THE TWELVE MONTHS ENDED DECEMBER 31, 2003

1.       The undersigned are the Chief Executive Officer and the Chief Financial
         Officer of Birner Dental Management Services, Inc. This Certification
         is made pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. This
         Certification accompanies the Annual Report on Form 10-K of Birner
         Dental Management Services, Inc. for the year and twelve months ended
         December 31, 2003.

2.       We certify that such Annual Report on Form 10-K fully complies with the
         requirements of Section 13(a) or 15(d) of the Securities Exchange Act
         of 1934 and that the information contained in such 10-K Report fairly
         presents, in all material respects, the financial condition and results
         of operations of Birner Dental Management Services, Inc.

                  This Certification is executed as of March 19, 2004.

                      By:   /s/ Frederic W.J. Birner
                            -----------------------------------
                    Name:   Frederic W.J. Birner

                   Title:   Chairman of the Board, Chief Executive
                            Officer and Director (Principal Executive Officer)


                      By:   /s/ Dennis N. Genty
                            -----------------------------------------
                    Name:   Dennis N. Genty

                   Title: Chief Financial Officer, Secretary,
                          Treasurer and Director
                          (Principal Financial and Accounting Officer)

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