alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-1495

OSCAR ALEXANDER BARAHONA-PADILLA,

Petitioner,

v.

MICHAEL B. MUKASEY, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals. (A98-113-190)

Submitted: March 20, 2008 Decided: April 2, 2008

Before WILKINSON and NIEMEYER, Circuit Judges, and WILKINS, Senior

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Linda Hanten, HARRIGAN & HANTEN, PC, Washington, D.C., for

Petitioner. Jeffrey S. Bucholtz, Assistant Attorney General, M.

Jocelyn Lopez Wright, Assistant Director, Rebecca Hoffberg, UNITED

STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.
*

Because Barahona-Padilla does not challenge the Board’s

affirmance of the denials of asylum based on his membership in a

particular social group, withholding of removal, or CAT relief, we

will not consider the disposition of those claims. See 4th Cir. R.

34(b); Edwards v. City of Goldsboro, 178 F.3d 231, 241 n.6 (4th

Cir. 1999). 

- 2 -

PER CURIAM:

Oscar Alexander Barahona-Padilla, a native and citizen of

Honduras, petitions for review of the Board of Immigration Appeals’

(“Board”) order dismissing Barahona-Padilla’s appeal of the

immigration judge’s denial of his application for asylum, which was

construed to request withholding of removal and protection under

the Convention Against Torture (“CAT”).*

 

We have reviewed the administrative record, the

immigration judge’s decision, and the Board’s affirmance thereof,

and find that substantial evidence supports the ruling that

Barahona-Padilla failed to establish a nexus between the past

persecution he sustained and the political opinion he asserts his

persecutors imputed to him. See 8 C.F.R. § 1208.13(a) (2007)

(stating that burden of proof is on alien to establish eligibility

for asylum); INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992)

(same). Such a causal nexus is required to support the grant of

asylum. 8 U.S.C. § 1101(a)(42)(A) (2000); Abdel-Rahman v.

Gonzales, 493 F.3d 444, 450-51 (4th Cir. 2007); Saldarriaga v.

Gonzales, 402 F.3d 461, 466 (4th Cir. 2005), cert. denied, 546 U.S.

1169 (2006). 
- 3 -

Accordingly, we deny the petition for review for the

reasons stated by the Board. We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

PETITION DENIED
Exhibit
32.1




CERTIFICATION




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)




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 Platinum Energy Resources, Inc., a Delaware corporation
(the “Company”), does hereby certify, to such officer’s knowledge,
that:




The
Quarterly Report on Form 10-Q for the quarter ended March 31,
2009 (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
information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the
Company.




Date: August
      7, 2009
                          /s/ Al
      RahmaniAl
      RahmaniInterim
      Chief Executive OfficerDate: August
      7, 2009
                          /s/
      Michael CunninghamMichael
      CunninghamInterim
      Chief Financial
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.
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO S

. 02

- 15

- 00316

- CR

02

- 15

- 00317

- CR

ANTHONY LEWIS HERNAN DEZ APPELLANT

V.

THE STATE OF TEXAS STATE

----------

FROM THE 396TH DISTR ICT COURT OF TARRANT COUNTY

TRIAL COURT NO. 1345 037W, 1343502D

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



### MEMORANDUM OPINION 1 

### AND JUDGMENT

----------

We have considered appellant’s “Motion To Withdraw Appeal.” The

motion complies with rule 42.2(a) of the rules of appellate procedure. Tex. R.

App. P. 42.2(a). No decision of this court having been delivered before we

1 See Tex. R. App. P. 47.4.2 received this mot ion, we grant the motion and dismiss the appeal. See Tex. R.

App. P. 42.2(a), 43.2(f).

PER CURIAM

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DO NOT PUBLISH

Tex. R. App

. P. 47.2(b)

DELIVERED: February 4 , 2016
* Pursuant to 5 T H 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 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-20850 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus RAFAEL CONTRERAS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CR-18-02

- - - - - - - - - - August 18, 1998 Before KING, HIGGINBOTHAM, and JONES, Circuit Judges

PER CURIAM: * Court-appointed counsel for Rafael Contreras has filed a
motion to withdraw and a brief as required by Anders v. California , 386 U.S. 738 (1967). Contreras has not responded.

Our indepe ndent review of the brief and record discloses no nonfrivolous issue. Accordingly, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. S ee 5th Cir.
R. 42.2.No. -2-
Exhibit 32.1  CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Michael Jordan Friedman, Chief Executive Officer and Chief Financial Officer of Fresh Harvest Products, Inc. (the Company), do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:  1.  This Quarterly Report on Form 10-QSB of the Company for the period ended April 30, 2006 as filed with the 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; 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/ Michael Jordan Friedman  _________________________________________ Michael Jordan Friedman, Chief Executive Officer And Chief Financial Officer   Date: signed on January 31, 2007 as of June 19, 2006                    1
**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
 
 
 I, Edward
B. Meyercord, III, Chief Executive Officer and President of Talk America
Holdings, Inc., have reviewed Talk America Holdings, Inc.'s Annual Report on
Form 10-K for the annual period ended December 31, 2003 as amended by 10-K/A
Amendment Nos. 1 and 2 (the "Report"), and, based on the inquiries I have made
or caused to be made in the fulfillment of my responsibilities as the Chief
Executive Officer of Talk America Holdings, Inc., I hereby certify
that:
 
 (i) the
Report fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934, as amended; and
 
 (ii) the
information contained in such Report fairly presents, in all material respects,
the financial condition and results of operation of Talk America Holdings,
Inc.
 
 This
certificate is being made for the exclusive purpose of compliance by the Chief
Executive Officer of Talk America Holdings, Inc. with the requirements of
Section 906 of the Sarbanes-Oxley Act of 2002, and may not be used for any other
purposes. A signed original of this written statement required by Section 906
has been provided to Talk America Holdings, Inc. and will be retained by Talk
America Holdings, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.
 
 
 /s/
Edward B. Meyercord, III
 Edward B.
Meyercord, III
 Chief
Executive Officer and President
 March 28,
2005
UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY REGION IX 75 Hawthorne Street c 

### ,CA 94105 Sari

# Frw P o 

# ms

Mr. Andrew Goodrich Director Washoe County District Health Department Air Quality Management Division 401 Ryland St., Suite 331 Reno, Nevada 89502 

# @ Dear. 

### . oodrich: Thank you for your submission of the Ambient Air Monitoring Network Plan for Washoe County. We have reviewed the submitted document and have found that it meets the minimum requirements set forth under 40CFR Part 58.10. If you have any questions regarding this letter orthe enclosed comments, please feel free to contact me at (415) 972-3261 

### or Meredith Kurpius at (415) 947-4534. Sincerely, A

Sean I!. ~d~an, Manager Air Division Air Quality Analysis Office

cc: Duane Sikorski, Washoe County
Exhibit
32.1

Certification of Periodic Financial Report

Pursuant to 18 U.S.C. 1350, the undersigned, Charles E.
Johnson, the chief executive officer of Transpro, Inc. (the
"issuer"), does hereby certify that the
report on Form 10-K accompanying this certification (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 that information contained in the
report fairly presents, in all material respects, the financial
condition and results of operations of the issuer.

/s/ Charles E. Johnson
 Charles E.
Johnson

President and Chief Executive Officer (chief
executive officer) Transpro, Inc. March 28,
2005

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

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          18,170
<SECURITIES>                                         0
<RECEIVABLES>                                   45,163
<ALLOWANCES>                                     3,631
<INVENTORY>                                     40,765
<CURRENT-ASSETS>                               104,001
<PP&E>                                          96,813
<DEPRECIATION>                                  53,356
<TOTAL-ASSETS>                                 190,354
<CURRENT-LIABILITIES>                           45,844
<BONDS>                                        100,258
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      39,177
<TOTAL-LIABILITY-AND-EQUITY>                   190,354
<SALES>                                        259,245
<TOTAL-REVENUES>                               259,245
<CGS>                                          147,273
<TOTAL-COSTS>                                  147,273
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              13,164
<INCOME-PRETAX>                                 13,045
<INCOME-TAX>                                     4,613
<INCOME-CONTINUING>                              8,432
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,432
<EPS-PRIMARY>                                    8,046
<EPS-DILUTED>                                    8,046


</TABLE>
List of Subsidiaries
                                       of

                       SMART CHOICE AUTOMOTIVE GROUP, INC.



 
              Subsidiary                       State of Incorporation

 Dealer Development Services, Inc.                     Florida
 Dealers Insurance Services, Inc.                      Florida
 Easy Pay Insurance, Inc.                              Florida
 Eckler Corvette Sales, Inc.                           Florida
 Eckler Industries, Inc.                               Florida
 Eckler's Racing Bodies, Inc.                          Florida
 First Choice Auto Finance, Inc.                       Florida
 First Choice Melbourne 1, Inc.                        Florida
 First Choice Stuart 1, Inc.                           Florida
 First Choice Stuart 2, Inc.                           Florida
 Florida Finance Group, Inc.                           Florida
 Liberty Finance Company                               Florida
 Premium Bonding & Ins. Services, Inc.                 Florida
 Smart Cars, Inc.                                      Florida
 Smart Choice Holdings, Inc.                           Delaware
 Smart Choice Receivables Holding, Inc.                Delaware
 Team Automobile Sales & Finance, Inc.                 Florida
Exhibit 32.2

 

**Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,**

**18 U.S.C. § 1350**

 

I, Louis J. Brothers, Chief Financial Officer of Valley Forge Composite Technologies, Inc. (the “Corporation”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, to my knowledge that:

 

1.  The Quarterly Report on Form 10-Q of the Corporation for the quarter ended June 30, 2010, as amended by Amendment No. 1 on Form 10-Q/A (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 Corporation.

Date: August 23, 2010

By:   /*s/ Louis J. Brothers*

Louis J. Brothers

President, Chief Executive Officer, Chief Financial Officer, and 

     

        Chairman of the Board

A signed original of this written statement required by Section 906, or other document authenticating, 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 Valley Forge Composite Technologies, Inc. and will be retained by Valley Forge Composite Technologies, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.  The information contained in this Exhibit 32.2 is being furnished and shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section.
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE

.

IN THE 

## A RIZONA 

## C OURT OF 

## A PPEALS

D IVISION O NE

STATE OF ARIZONA , Respondent ,

v.
ARTHUR CARMONA , Petitioner

. No. 1 CA

- CR 18

- 0457 PRPC

Petition for Review from the Superior Court in Maricopa County

No. CR2013

- 424039

- 001 The Honorable Danielle J. Viola , Judge REVIEW GRANTED; RELI EF DENIED

COUNSEL Maricopa County Attorney’s Office , Phoenix By Diane Meloche Counsel for Respondent Arthur Carmona, Kingman Petitioner

MEMORANDUM DECISION Presiding Judge Diane M. Johnsen, Judge Maria Elena Cruz, and Judge Randall M. Howe delivered the decision of the Court. FILED 10-9-2018STATE v. CARMONA Decision of the Court

2 PER CURIAM : ¶1 Petitioner Arthur Carmona seeks review of the superior court’s order denying his petition for post

- conviction relief, filed pursuant to Arizona Ru le of Criminal Procedure 32.1. This is petitioner’s second petition. ¶2 Absent an abuse of discretion or error of law, this court will not disturb a superior court’s ruling on a petition for post

- conviction relief. State v. Gutierrez , 229 Ariz. 57 3, 577, ¶ 19 (2012). It is petitioner’s burden to show that the superior court abused its discretion by denying the petition for post

- conviction relief. See State v. Poblete , 227 Ariz. 537, 538, ¶ 1 (App. 2011) (petitioner has burden of establishing abus e of discretion on review). ¶3 We have reviewed the record in this matter, the superior court’s order denying the petition for post

- conviction relief, and the petition for review. P etitioner has not established an abuse of discretion. ¶4 For the foregoing reaso ns, w e grant review but deny relief.
In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-19-00143-CR 

ROBERT KITCHENS A/K/A ROBERT BAREFIELD 

A/K/A ROBERT BARFIELD, APPELLANT 

 

V. 

 

THE STATE OF TEXAS, APPELLEE 

 

On Appeal from the 320th District Court 

Potter County, Texas 

Trial Court No. 75,086-D, Honorable David Gleason, Presiding 

 

August 27, 2019 

 

MEMORANDUM OPINION 

 

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. 

Appellant, Robert Kitchens a/k/a Robert Barefield a/k/a Robert Barfield, appeals 

his conviction for possession of a controlled substance in an amount less than one gram,1

enhanced, and sentence of twelve years’ confinement. We dismiss the appeal based on 

the trial court’s certification that appellant waived his right of appeal.

The trial court originally issued a certification of appellant’s right of appeal reflecting 

that this was a plea-bargain case with no right of appeal and that appellant waived the 

1 TEX. HEALTH & SAFETY CODE ANN. § 481.115(b) (West 2017).
2

right of appeal. TEX. R. APP. P. 25.2(a)(2), (d). However, the judgment of conviction 

indicated that appellant pled guilty to the offense pursuant to an open plea, not a plea 

bargain.

We remanded the cause to the trial court to determine whether appellant 

knowingly, voluntarily, and intelligently waived his right of appeal; to prepare an amended 

certification consistent with the record; and to issue findings of fact and conclusions of 

law. The trial court held a hearing and issued findings that appellant knowingly, 

voluntarily, and intelligently waived his right of appeal. See Monreal v. State, 99 S.W.3d 

615, 622-23 (Tex. Crim. App. 2003) (holding that a waiver of appeal is binding if it is made 

knowingly, voluntarily, and intelligently by the appellant). The court also issued an 

amended certification reflecting that appellant had waived the right of appeal.

We are required by Rule of Appellate Procedure 25.2(d) to dismiss an appeal “if a 

certification that shows the defendant has the right of appeal has not been made part of 

the record.” By letter dated August 5, 2019, we notified appellant of the consequences 

of the trial court’s certification and invited him to demonstrate other grounds for continuing 

the appeal by August 16. Appellant did not respond to the court’s letter.

Accordingly, we dismiss the appeal based on the trial court’s certification. TEX. R.

APP. P. 25.2(d).

Per Curiam

Do not publish.
<PAGE>

                                                                    Exhibit 10.1

                     AMENDMENT NO. 6 TO TERMS OF EMPLOYMENT
                                       OF
                                GERALD J. ANGELI
                                      WITH
                              CONCORD CAMERA CORP.


         This AMENDMENT NO. 6 TO TERMS OF EMPLOYMENT, effective as of January 1,
2007 (this "Instrument"), by and between CONCORD CAMERA CORP. (the "Company")
and Gerald J. Angeli ("Employee").

                                    RECITALS

         A. The Employee is currently employed by the Company pursuant to the
Terms of Employment, dated as of April 17, 2000, as thereafter amended (as
amended, the "Agreement"), between the Company and the Employee.

         B. The parties desire to modify the Agreement as set forth herein.

         NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:

         1. DEFINITIONS. Capitalized terms used but not defined herein have the
meanings assigned to them in the Agreement.

         2. SALARY. The salary, as specified in Section 5 of the Agreement, is
increased to $275,000 per annum effective January 1, 2007.

         3. EFFECT ON AGREEMENT. Except as hereby amended, all of the terms and
conditions set forth in the Agreement are and shall remain in full force and
effect.

         IN WITNESS WHEREOF, the parties executed this Instrument as of the date
first set forth above.

EMPLOYEE:                                    CONCORD CAMERA CORP.


  /s/  Gerald J. Angeli                      By:    /s/  Ira B. Lampert
-------------------------------                  -------------------------------
Name:  Gerald J. Angeli                          Name:   Ira B. Lampert
                                                 Title:  Chief Executive Officer

Dated:  January 8, 2007                      Dated:  January 5, 2007
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 Fresh Harvest Products, Inc. (the Registrant) on Form 10-Q/A for the quarter ended July 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael Jordan Friedman, Principal Executive Officer and the Principal Financial Officer of the Registrant, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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, 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.





|                          |                                                                                                  | 
|------------------------- | ------------------------------------------------------------------------------------------------ | 
|                          |                                                                                                  | 
|                          |                                                                                                  | 
|                          | FRESH HARVEST PRODUCTS, INC.                                                                     | 
|Dated: September 28, 2012 | /s/ Michael Jordan Friedman                                                                      | 
|                          | Michael Jordan Friedman
Chief Executive Officer, President, Chief Financial Officer and Chairman |
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7519

ROGER KYLE DAVIS, Petitioner - Appellant, versus WARDEN, BUCKINGHAM CORRECTIONAL CENTER, Respondent - Appellee.Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CA-99-603-7) Submitted: February 8, 2001 Decided: February 14, 2001 Before WILKINS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Roger Kyle Davis, Appellant Pro Se. Kathleen B. Martin, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Roger Kyle Davis seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we denya certificate of appealability and dismiss the appeal on the reasoning of the district court. Davis v. Warden, Buckingham Corr. Ctr. , No. CA-99-603-7 (W.D. Va. Sept. 8, 2000). Davis’ motion for appointment of counsel is denied. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED