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should not be published and is not precedent except under the limited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. 08-50468

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

SCOUBART QUGO REFUGO, also known as Jose Juan Hernandez-Torres

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:07-CR-861-ALL

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges. 

PER CURIAM:*

Scoubart Qugo Refugo appeals the sentence imposed following his guilty

plea conviction for illegal reentry following deportation. Because Refugo

previously had been convicted of illegal reentry, his offense level was adjusted

upward by four levels pursuant to U.S.S.G. § 2L1.2(b)(1)(D). Refugo requested

a downward variance from the guidelines sentence range. The request was

denied, and Refugo was sentenced at the top of the guidelines range to 21

months of imprisonment and three years of supervised release.

United States Court of Appeals

Fifth Circuit

F I L E D

January 6, 2009

Charles R. Fulbruge III

Clerk
No. 08-50468

2

Refugo contends that his sentence of imprisonment was greater than

necessary to accomplish the goals of sentencing listed in 18 U.S.C. § 3553(a)(2).

Refugo concedes that this court ordinarily applies a presumption of

reasonableness to within-guidelines sentences. See United States v. CamposMaldonado, 531 F.3d 337, 338 (5th Cir.), cert. denied, 129 S. Ct. 328 (2008);

United States v. Gomez-Herrera, 523 F.3d 554, 565-66 (5th Cir.), cert. denied,

2008 WL 2754087 (Dec. 1, 2008) (No. 08-5226). Citing Kimbrough v. United

States, 128 S. Ct. 558, 574-75 (2007), Refugo contends that the presumption

should not apply in this case because § 2L1.2 is not empirically supported. In

support of his contention that application of this guideline results in sentences

that are arbitrarily harsh, he notes that his conviction for illegal reentry was

considered both in determining his criminal history score and in applying the

four-level adjustment under § 2L1.2. Refugo also contends that the guidelines

range did not account for the following factors: that the instant illegal reentry

offense did not involve violence, drugs or firearms;the seriousness of the offense

was mitigated by his history of mental health problems; and his prior offenses

were relatively minor. 

Refugo’s reliance on Kimbrough is misplaced as the Court did not address

the applicability of the presumption of reasonableness. The district court

considered Refugo’s request for leniency in light of his personal circumstances,

but it ultimately determined that a sentence within the guidelines range was

appropriate. Refugo’s within-guidelines sentence is presumptively reasonable,

and Refugo has not shown that his sentence is unreasonable. See CamposMaldonado, 531 F.3d at 338; Gomez-Herrera, 523 F.3d at 565-66. Accordingly,

the judgment of the district court is AFFIRMED.
Exhibit 32.1



CERTIFICATIONS PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and

(b) of section 1350, chapter 63 of title 18, United States Code), each of the

undersigned officers of Probe Manufacturing, Inc., a Nevada corporation (the "Company"), does hereby certify, to such officer's knowledge, that:



The Quarterly Report for the quarter ended September 30, 2006 (the "Form 10-QSB") of

the Company fully complies with the requirements of Section 13(a) or 15(d) of

the Securities Exchange Act of 1934, and the information contained in the Form

10-QSB fairly presents, in all material respects, the financial condition and

results of operations of the Company.







Date:  November 14, 2006





/s/  Reza Zarif

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

Reza Zarif

Chief  Executive  Officer

Director





Date:  November 14, 2006





/s/  Barrett Evans

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

Barrett Evans

Interim Chief  Financial  Officer
#### The PEOPLE of the State of Colorado, Petitioner-Appellant, In the Interest of: B.J.F., Child, And Concerning, C.F., Respondent-Appellee.

No. 87CA1712.

Colorado Court of Appeals, Div. V.

Aug. 18, 1988.

*298Meconi & Kiehnhoff, Rocco F. Meconi, Canon City, for petitioner-appellant.

Marshall & Marshall, Warren T. Marshall, Canon City, for respondent-appellee.

VAN CISE, Judge.

The People appeal a trial court order granting the motion of C.F. (father) for relief from a judgment terminating the parent-child legal relationship between him and his minor child, B.J.F., which was certified as final pursuant to C.R.C.P. 54(b). We issued an order to show cause why the appeal should not be dismissed for lack of a final, appealable order or judgment and, having reviewed the People’s response to the order, we conclude that certification of the grant of father’s C.R.C.P. 60(b) motion as a final judgment under C.R.C.P. 54(b) was improper. Accordingly, we dismiss the appeal.

An appellate court may not entertain an appeal of a decision improperly certified as final under C.R.C.P. 54(b). *Harding Glass Co. v. Jones,*640 P.2d 1123 (Colo.1982). It may raise and resolve the question of legal sufficiency of a C.R.C.P. 54(b) certification on its own motion. *Harding Glass Co. v. Jones, supra.*

In issuing a C.R.C.P. 54(b) certification, a trial court must determine: (1) that the ruling concerns an “entire claim for relief,” (2) that the ruling constitutes an ultimate disposition of an entire claim, and (3) that there is no just reason for delay in entry of a final judgment on the claim. *Kempter v. Hurd,*713 P.2d 1274 (Colo.1986); *Harding Glass Co. v. Jones, supra.*

An order granting a motion for relief from judgment is not a final judgment. *Broyles v. Fort Lyon Canal Co.,*695 P.2d 1136 (Colo.1985); *Westerkamp v. Westerkamp,*155 Colo. 534, 395 P.2d 737 (1964). Rather, it sets the stage for further proceedings, leaving all previous orders and rulings subject to rescission or modification. *Broyles v. Fort Lyon Canal Co., supra.*Accordingly, the grant of a motion filed pursuant to C.R.C.P. 60(b) does not constitute an ultimate disposition of an entire claim, and a C.R.C.P. 54(b) certification is improper with respect thereto. *See Harding Glass Co. v. Jones, supra.*

Appeal dismissed.

PLANK and FISCHBACH, JJ., concur.
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```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1448 Enrolled Bill (ENR)]

        S.1448

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 An Act

 
  To amend the Act of August 9, 1955, to authorize the Coquille Indian 
   Tribe, the Confederated Tribes of Siletz Indians, the Confederated 
 Tribes of the Coos, Lower Umpqua, and Siuslaw, the Klamath Tribes, and 
the Burns Paiute Tribe to obtain 99-year lease authority for trust land.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. LEASES OF RESTRICTED LAND.
    Subsection (a) of the first section of the Act of August 9, 1955 
(25 U.S.C. 415(a)), is amended in the second sentence by inserting 
``land held in trust for the Coquille Indian Tribe, land held in trust 
for the Confederated Tribes of Siletz Indians, land held in trust for 
the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians, 
land held in trust for the Klamath Tribes, and land held in trust for 
the Burns Paiute Tribe,'' after ``lands held in trust for the 
Confederated Tribes of the Warm Springs Reservation of Oregon,''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
Order entered November 1, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00685-CV

ASSOCIATED AIR CENTER LP F/K/A A LANDMARK AVIATION CO., 

ASSOCIATED AIR CENTER INTERNATIONAL, INC.; DAE AVIATION HOLDINGS, 

INC. D/B/A DUBAI AEROSPACE, APPELLANTS

V.

TARY NETWORK, LTD.; CITADELLA INTERNATIONAL GROUP, LTD., 

APPELLEES

On Appeal from the 162nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. 10-01620

ORDER

The reporter’s record is overdue in this appeal. By postcard dated May 28, 2013, we 

directed court reporter Sheretta L. Martin to file, within thirty days, the reporter’s record. To 

date, the record has not been filed.

Accordingly, we ORDER court reporter Sheretta L. Martin to file, within TWENTY 

DAYS of the date of this order, the reporter’s record. 
We DIRECT the Clerk of the Court to send a copy of this Order by electronic 

transmission to the Honorable Phyllis Lister Brown, Presiding Judge of the 162nd Judicial 

District Court, and court reporter Sheretta L. Martin.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE
**Exhibit
      32.1**





**Certification
      of Principal Executive Officer****and Principal Financial Officer**


**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 Black Nickel Acquisition Corp. III
      (the
      "Company") on Form 10-Q for the period ended June 30, 2008 as filed with the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Jules
      Benge Prag IV, certify, pursuant to 18 U.S.C. Section 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.





/s/Jules
                Benge Prag IV
              Jules
                Benge Prag IV
              Principal
                Executive Officer
              Principal
                Financial Officer
              August
                14, 2008
MATERIALS NOT INCLUDED IN

AIRWORTHINESS DIRECTIVE (AD) DOCKET

FAA-2012-0631

Docket Number

2011-SW-021-AD

Directorate Identifier

Name/Description of Item(s) Not Included in DMS Docket and Maintained in the 

Supplemental AD Docket

Eurocopter Alert Service Bulletin No. AS350-05.00.63, Revision 1, dated April 18, 2011

Eurocopter Alert Service Bulletin No. AS355-05.00.58, Revision 1, dated April 18, 2011

MAY BE VIEWED AT: Federal Aviation Administration

Office of the Regional Counsel,

Southwest Region

Rules Docket

2601 Meacham Blvd., Room 663

Fort Worth, Texas 76137

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday, 

except Federal holidays.
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Notices]
[Page 12601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4882]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute Amended; Notice of Meeting

    Notice is hereby given of a change in the meeting of the Board of 
Scientific Counselors for Basic Sciences National Cancer Institute, 
March 13, 2012, 8:30 a.m. to March 13, 2012, 4 p.m., National 
Institutes of Health, Building 31, 31 Center Drive, C Wing, 6th floor, 
Conference Rm. 6, Bethesda, MD, 20892 which was published in the 
Federal Register on February 7, 2012, 77FR6130.
    This notice is being amended to change the times of the meeting 
from 8:30 a.m.-4 p.m. to 8 a.m.-3:30 p.m. The meeting is closed to the 
public.

    Dated: February 27, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2012-4882 Filed 2-29-12; 8:45 am]
BILLING CODE 4140-01-P
<PAGE>

                                                                   Exhibit 10.32

                                  AMENDMENT TO

                              EMPLOYMENT AGREEMENT

                  This Amendment ("Amendment") is entered into as of November 4,
1998 by and between Computron Software, Inc., a Delaware corporation (the
"Company"), and John A. Rade ("Executive").

                               W I T N E S S E T H

                  WHEREAS, the parties have previously entered into an
Employment Agreement dated as of February 1, 1997 (the "Employment Agreement");
and

                  WHEREAS, the parties desire to clarify the compensation
arrangements for renewal terms of the Employment Agreement.

                  NOW, THEREFORE, in consideration of the continued employment
of Executive by the Company, the Company and Executive agree as follows:

                  1. Section 4 of the Employment Agreement ("Compensation and
Benefits") is hereby modified to provide that, in any renewal term of the
Employment Agreement (as contemplated in Section 1 ("Term of the Agreement")
therein), the compensation and benefits granted the Executive may be increased
over that provided to the Executive in the immediately preceding term by action
of the Board of Directors of the Company or of the Compensation Committee
thereof.

                  2. Except as otherwise provided herein, the Employment
Agreement shall remain in full force and effect in accordance with its terms and
conditions.

                  IN WITNESS WHEREOF, the parties have executed this Amendment
as of the date set forth above.

COMPUTRON SOFTWARE, INC.                        EXECUTIVE:


------------------------                        ------------------------
By: Michael R. Jorgensen                        John A. Rade
Title: EVP & CFO
<PAGE>


                                  EXHIBIT 24.4
                                POWER OF ATTORNEY

         KNOW ALL BY THESE PRESENTS, that I, the undersigned, do hereby appoint
Lionel Reilly, or Neal Soderquist, or either of them, attorney for me and in my
name and on my behalf to sign the Annual Report on Form 10-K of PROFESSIONAL
VETERINARY PRODUCTS, LTD. for the fiscal year ended July 31, 2002, to be filed
with the Securities and Exchange Commission under the Securities Exchange Act of
1934 with respect to the registration of the common stock of Professional
Veterinary Products, Ltd., and generally to do and perform all things necessary
to be done in the premises as fully and effectually in all respects as I could
do if personally present.

         IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
October, 2002.

                                       /s/ Steven E. Wright

STATE OF NEBRASKA              )
                               )       ss.
COUNTY OF ____________         )


         On this __ day of October, 2002, before me, a Notary Public qualified
for said County, personally came Steven E. Wright, known to me to be the
identical person who signed the foregoing instrument and acknowledged the
execution thereof to be his voluntary act and deed.

                                       /s/
                                       Notary Public

                                       My commission expires:
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 Northern Explorations Ltd. (the
"Company") on Form 10-QSB for the period ended December 31, 2007 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: February 13, 2008


/s/ Richard Novis
------------------------------------------
Richard Novis, Principal Financial Officer
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 Annual Report of YTB International, Inc. (the "Company") on Form 10-K for the year
ended December 31, 2008 as filed with the Securities and Exchange Commission on
the date hereof (the "Report"),
I, Robert M. Van Patten, Interim 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, based on 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,
and





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




/s/ Robert
      M. Van PattenName:  Robert
      M. Van PattenTitle:
      Interim Chief Financial OfficerDate:      
      April 14,
2010
Order entered February 27, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-01764-CV

PAIN CONTROL INSTITUTE, INC., Appellant

V.

ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Appellee

On Appeal from the 298th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-12-13599

ORDER

We GRANT appellant’s February 26, 2014 motion for leave to file an amended brief. 

Appellant shall file its amended brief on or before MARCH 7, 2014.

/s/ ADA BROWN 

JUSTICE
**Exhibit
      32.1**


**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER**


**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 Frezer, Inc. (the “Company”) on Form
      10-QSB for the quarter ended June 30, 2006 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.




Dated:
      August 11, 2006




By:
            /s/
                David
                KoosDavid
                KoosChief
                Executive Officer





A
      signed
      original of this written statement required by Section 906 of the Sarbanes-Oxley
      Act of 2002, or other document authentications, acknowledging, or otherwise
      adopting the signature that appears in typed form within the electronic version
      of this written statement required by Section 906, has been provided to Frezer,
      Inc. and will be retained by Frezer, Inc. and furnished to the Securities and
      Exchange Commission or its staff upon request.
Exhibit 32.1  CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Homeland Security, Inc., a Nevada corporation (the "Company"), does hereby certify, to such officer's knowledge, that:  The Quarterly Report for the nine months ended September 30, 2008 (the "Form 10-Q") of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.    Date:  November 13, 2008   /s/  Peter Ubaldi ---------------------- Peter Ubaldi Chief Executive  Officer    Date:  November 13, 2008   /s/  Peter Ubaldi ------------------------ Peter Ubaldi Principal Accounting Officer