alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-50250

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JORGE MORALES, also known as Jorge Arnoldo Sandoval-Morales,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:14-CR-1170-1

Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges

PER CURIAM:*

The Federal Public Defender appointed to represent Jorge Morales has 

moved for leave to withdraw and has filed a brief in accordance with Anders v. 

California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th 

Cir. 2011). Morales has not filed a response. We have reviewed counsel’s brief 

and the relevant portions of the record reflected therein. We concur with 

counsel’s assessment that the appeal presents no nonfrivolous issue for 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

December 22, 2015

Lyle W. Cayce

Clerk

 Case: 15-50250 Document: 00513317716 Page: 1 Date Filed: 12/22/2015
No. 15-50250

2

appellate review. Accordingly, counsel’s 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.

 Case: 15-50250 Document: 00513317716 Page: 2 Date Filed: 12/22/2015
#### Frank J. BARANKO, Appellant, v. STATE of Florida, Appellee.

No. BS-267.

District Court of Appeal of Florida, First District.

Dec. 9, 1987.

Frank J. Baranko, pro se.

Robert A. Butterworth, Atty. Gen., Patricia Conners, Asst. Atty. Gen., Tallahassee, for appellee.

SMITH, Chief Judge.

Appellant appeals the denial of his motion to correct sentence. We reverse and remand for further proceedings.

On April 4, 1986, while in jail awaiting disposition of unrelated charges apparently originating from Pasco County, appellant was arrested pursuant to a Bradford County information for introducing contraband into prison and possession. Appellant contends, and the state has not conclusively refuted, that he remained in jail continuously until his sentencing on December 1, 1986. His sentence in the Bradford County case was designated to run concurrent with a sentence imposed in Pasco County. Appellant was not given any jail time credit on his Bradford County sentence. He filed a motion to correct sentence pursuant to *333Florida Rule of Criminal Procedure 3.800(a)1 which the trial court denied.

We find that appellant is entitled to a hearing to determine if he remained in jail continuously from the time of his arrest on April 4, 1986, until his sentencing on December 1, as he alleges, and if so, he is entitled to credit against his Bradford County sentence for the time spent in jail. *Daniels v. State,*491 So.2d 543 (Fla.1986); *Keene v. State,*500 So.2d 592 (Fla. 2nd DCA 1986); and *Whitney v. State,*493 So.2d 1077 (Fla. 1st DCA 1986).

REVERSED and REMANDED for proceedings consistent with this opinion.

MILLS and SHIVERS, JJ., concur.

1

. Contrary to the state’s contention on appeal, appellant is not procedurally barred from seeking relief under rule 3.800(a). See *Padgett*v. *State,*497 So.2d 724 (Fla. 1st DCA 1986); and *Fogelman v. State,*410 So.2d 564 (Fla. 4th DCA 1982). Compare *Marsh v. State,*497 So.2d 954 (Fla. 1st DCA 1986).
**SECTION      1350 CERTIFICATIONS**

** **

|                                                                             |   |                                                                                                                                                                                                                             |
|----------------------------------------------------------------------------------|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                             |   |                                                                                                                                                                                                                             |   |
| Dated                      this 15th                      day of May, 2007. | By:    | /s/ Hollis                  M. Greenlaw                                                                                                                                                                                     |   |
|                                                                             |   | Hollis                  M. Greenlaw                                                                                                                                                                                              |   |
|                                                                             |   | Chief                  Executive Officer of UMTH                  Land Development, L.P.,                                                                                                                                   |   |
|                                                                             |   | sole                  general partner of the Registrant,                  and President and Chief Executive Officer of UMT Services, Inc.,                  sole                  general partner of UMTH Land Development, L.P. |   |

|   |   |                                                                                  |
|--------|--------|---------------------------------------------------------------------------------------|
|   |   |                                                                                  |   |
|   | By:    | /s/ Cara                D. Obert                                                 |   |
|   |   | Cara                D. Obert                                                          |   |
|   |   | Chief                Financial Officer of UMTH                Land Development, L.P., |   |
|   |   | sole                general partner of the                Registrant                  |   |

----
* 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. 02-30165

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ERIC D. JONES, also known as Lil E,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 97-CF-10012-10

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

October 30, 2002

Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Eric D.

Jones has moved for leave to withdraw and has filed a brief

pursuant to Anders v. California, 386 U.S. 738 (1967). Jones has

received a copy of counsel’s motion and brief, but he has not

filed a pro se brief of his own. Our review of the brief filed

by counsel and of the record discloses no nonfrivolous issue for

appeal. Accordingly, the motion for leave to withdraw is
No. 02-30165

-2-

GRANTED, counsel is excused from further responsibilities, and

the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
#### STATE of Louisiana v. Arthur P. BROWN, Jr.

No. 87-KO-2275.

Supreme Court of Louisiana.

Jan. 8, 1988.

In re Brown, Arthur P. Jr.; applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 18887-KA; Parish of Richland, 5th Judicial District Court, Div. “B”.

Prior report: La.App., 513 So.2d 425.

Denied.
Citations and pin cites are based on the Westlaw online version of the cited material.

 

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION ONE

In the Matter of the Detention of ) No. 80936-9-I

 )

B.T.-M., ) UNPUBLISHED OPINION

 )

Appellant. )

 PER CURIAM — B.T.-M. appeals a 14-day involuntary commitment order. She 

contends, and the State concedes, that the order must be vacated because the court 

did not adequately advise her how the order would impact her right to possess firearms, 

as required by RCW 71.05.240(2).1 See Matter of Det. of T.C., 11 Wn. App. 2d 51, 66, 

450 P.3d 1230 (2019). We accept the State’s concession, and reverse and remand for 

the trial court to vacate the commitment order.

 Reversed and remanded.

WE CONCUR:

 

1 RCW 71.05.240(2) provides:

If the petition is for mental health treatment, the court or the prosecutor at the time of the 

probable cause hearing and before an order of commitment is entered shall inform the 

person both orally and in writing that the failure to make a good faith effort to seek 

voluntary treatment as provided in RCW 71.05.230 will result in the loss of his or her 

firearm rights if the person is subsequently detained for involuntary treatment under this 

section.
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 accompanying Annual Report On Form 10-KSB/A,
Amendment No. 1 of Charys Holding Company, Inc. for the fiscal year ending April
30, 2006, I, Billy V. Ray, Jr., Chief Executive Officer of Charys Holding
Company, Inc., hereby certify pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my
knowledge and belief, that:

     1.     Such Annual Report on Form 10-KSB/A, Amendment No. 1 for the fiscal
year ending April 30, 2006, 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 such Annual Report on Form 10-KSB/A,
Amendment No. 1 for the fiscal year ending April 30, 2006, fairly presents, in
all material respects, the financial condition and results of operations of
Charys Holding Company, Inc.

     Dated: August 28, 2006.

                                   /s/  Billy V. Ray, Jr.
                                  ----------------------------------------------
                                   Billy V. Ray, Jr., Chief Executive Officer of
                                   Charys Holding Company, Inc.
Exhibit 32.2

CERTIFICATION

Pursuant to 18 U.S.C. § 1350, I, Richard J. Carbone, Chief
Financial Officer of The Prudential Insurance Company of America, hereby certify that the accompanying Annual Report on Form 10-K for the year ended December 31, 2010, containing the financial statements of The Prudential Variable Contract Real
Property Account (a separate account of The Prudential Insurance Company of America) and The Prudential Variable Contract Real Property Partnership (the Report), 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 the Report fairly presents, in all material respects, the financial condition and results of operations of The Prudential Variable Contract Real Property Account
and The Prudential Variable Contract Real Property Partnership.



Date: March 25, 2011/s/ Richard J. CarboneRichard J. Carbone Chief Financial Officer The Prudential Insurance Company of
America


The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is
not being filed as part of the Report or as a separate disclosure document.
EXHIBIT
32.1




CERTIFICATION
PURSUANT TO


SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the Quarterly Report of Scrap China Corporation and
subsidiaries, (the “Company”) on 10-Q for the fiscal quarter ended September 30,
2008 as filed with the Securities and Exchange Commission (the “Report”), I,
Paul Roszel President, and Chief Executive 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;
and




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






November
      14, 2008
            /s/Paul
      RoszelPresident,
      Chief Executive Officer





---
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 51 Enrolled Bill (ENR)]

        S.Con.Res.51
                                        Agreed to August 5, 1999        

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine

                          Concurrent Resolution

    Resolved by the Senate (the House of Representatives concurring), 
That when the Senate recesses or adjourns at the close of business on 
Thursday, August 5, 1999, Friday, August 6, 1999, or Saturday, August 
7, 1999, on a motion offered pursuant to this concurrent resolution by 
its Majority Leader or his designee, it stand recessed or adjourned 
until noon on Wednesday, September 8, 1999, or until such time on that 
day as may be specified by its Majority Leader or his designee in the 
motion to recess or adjourn, or until noon on the second day after 
Members are notified to reassemble pursuant to section 2 of this 
concurrent resolution, whichever occurs first; and that when the House 
adjourns on the legislative day of Thursday, August 5, 1999, Friday, 
August 6, 1999, or Saturday, August 7, 1999, on a motion offered 
pursuant to this concurrent resolution by its Majority Leader or his 
designee, it stand adjourned until 10:00 a.m. on Wednesday, September 
8, 1999, or until noon on the second day after Members are notified to 
reassemble pursuant to section 2 of this concurrent resolution, 
whichever occurs first.
    Sec. 2. The Majority Leader of the Senate and the Speaker of the 
House, acting jointly after consultation with the Minority Leader of 
the Senate and the Minority Leader of the House, shall notify the 
Members of the Senate and House, respectively, to reassemble whenever, 
in their opinion, the public interest shall warrant it.
  Attest:

                                               Secretary of the Senate.

  Attest:

                                 Clerk of the House of Representatives.
```
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 114 Engrossed in Senate (ES)]

  2d Session
S. CON. RES. 114

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas over 4 million Americans served in World War I, however, there is no 
        nationally recognized symbol honoring the service of such Americans;
Whereas in 1919, citizens of Kansas City expressed an outpouring of support, 
        raising over $2,000,000 in 2 weeks, which was a fundraising 
        accomplishment unparalleled by any other city in the United States 
        irrespective of population;
Whereas on November 1, 1921, the monument site was dedicated marking the only 
        time in history that the 5 Allied military leaders (Lieutenant General 
        Baron Jacques of Belgium, General Armando Diaz of Italy, Marshal 
        Ferdinand Foch of France, General John J. Pershing of the United States, 
        and Admiral Lord Earl Beatty of Great Britain) were together at one 
        place;
Whereas during a solemn ceremony on Armistice Day in 1924, President Calvin 
        Coolidge marked the beginning of a 3-year construction project by the 
        laying of the corner-stone of the Liberty Memorial;
Whereas the 217-foot Memorial Tower topped with 4 stone ``Guardian Spirits'' 
        representing courage, honor, patriotism, and sacrifice, rises above the 
        observation deck, making the Liberty Memorial a noble tribute to all who 
        served;
Whereas during a rededication of the Liberty Memorial in 1961, former Presidents 
        Harry S. Truman and Dwight D. Eisenhower recognized the memorial as a 
        constant reminder of the sacrifices during World War I and the progress 
        that followed;
Whereas the Liberty Memorial is the only public museum in the United States 
        specifically dedicated to the history of World War I; and
Whereas the Liberty Memorial is internationally known as a major center of World 
        War I remembrance: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That the Liberty Memorial in Kansas City, Missouri, is recognized as a 
national World War I symbol, honoring those who defended liberty and 
our country through service in World War I.

            Passed the Senate October 12 (legislative day, September 
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                            S. CON. RES. 114

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Recognizing the Liberty Memorial in Kansas City, Missouri, as a 
national World War I symbol honoring those who defended liberty and our 
                country through service in World War I.
```
| SUBSIDIARY                                                                                                                    | JURISDICTION                OF INCORPORATION |
|-------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------|
|                                                                                                                          |                                         |
| ABD                Canada Holdings, Inc.                                                                                      | Delaware                                     |
| ABD                International, Inc.                                                                                        | Delaware                                     |
| Presstek                New York,                Inc.             | Delaware                                     |
| Presstek                Overseas Corp.                                                     | Delaware                                     |
| Presstek                Capital Corp.                                                                               | Delaware                                     |
| Presstek                Canada Corp./Corporation Presstek Canada                                                    | Canada                                       |
| Presstek                Europe, LTD                                                                            | United                Kingdom                |
| HIC,                Inc.                                                                                                      | New                Hampshire                 |
| Lasertel,                Inc.                                                                                                 | Arizona                                      |
| Precision                Acquisition Corporation                                                                              | Delaware                                     |
| Precision                Lithograining Corporation                                                                            | Massachusetts                                |
| R/H                Acquisition Corporation                                                                                    | New                Hampshire                 |
| SDK                Realty Corporation                                                                                         | Massachusetts                                |
|                                                                                                                          |                                         |
**Exhibit
      32.1**







INDEX
      OIL
& GAS, INC.





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 Index Oil & Gas, Inc. on Form 10-QSB
      for the period ended June 30, 2006 as filed with the Securities and Exchange
      Commission on the date hereof (the “Report”), I, Lyndon West, Chief Executive
      Officer of the Company, certify, pursuant to 18 U.S.C. ss.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.





A
      signed
      original of this written state ment
      required by Section 906 has been provided to Index Oil & Gas, Inc. and will
      be retained by Index Oil & Gas, Inc. and furnished to the Securities and
      Exchange Commission or its staff upon request.











/s/
      Lyndon West





Lyndon
      West


Chief
      Executive Officer


August
      11, 2006
#### In re Donald R. SMITH.

No. 88-OB-0309.

Supreme Court of Louisiana.

Feb. 8, 1988.

In re Smith, Donald R., in re; applying for permission to take the Louisiana State Bar Examination.

Granted. It is ordered that relator be permitted to take the February, 1988 bar examination.
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
  (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 Partnership.
 By:
    
    /s/ Sean P. McGrathName:
    
    Sean P. McGrathTitle:
    
    Chief Financial Officer of the Managing General PartnerDate:
    
    May 13, 2011
Exhibit
32





CERTIFICATION OF 10-KSB REPORT OF




ZYNEX MEDICAL HOLDINGS,
INC.


FOR THE YEAR ENDED DECEMBER 31,
2007







Each of
the undersigned hereby certifies, for the purposes of Section 1350 of Chapter 63
of Title 18 of the United States Code, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, in his capacity as an officer of Zynex Medical
Holdings, Inc. (“Zynex”), that to his knowledge:





1.
            The
      amendment number 2 to the 10-KSB/A 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 such 10-KSB/A Report fairly presents, in all
      material respects, the financial condition and results of operations of
      Zynex.





This
written statement is being furnished to the Securities and Exchange Commission
as an exhibit to the 10-KSB/A Report. A signed original of this statement has
been provided to Zynex and will be retained by Zynex and furnished to the
Securities and Exchange Commission or its staff upon request.





This
Certification is executed as of April 23, 2008.








/s/ Thomas
Sandgaard


Thomas
Sandgaard


President
and Chief Executive Officer








/s/ Fritz G.
Allison


Fritz G.
Allison


Chief
Financial Officer