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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

August 25, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41594

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HECTOR DEL ANGEL-HERNANDEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:03-CR-474-ALL

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

Before DAVIS, SMITH, and WIENER, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Hector

Del Angel-Hernandez (Del Angel) has moved for leave to withdraw

and has filed a brief in accordance with Anders v. California,

386 U.S. 738 (1967). Del Angel has not filed a response. Our

independent review of the brief and the record discloses no

nonfrivolous issues for appeal. Accordingly, counsel’s motion

for leave to withdraw is GRANTED, counsel is excused from further
No. 05-41594

-2-

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH

CIR. R. 42.2.
----

            COMMISSION REGULATION (EC) No 1726/2006

of 23 November 2006         

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 24 November 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 November 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

----

ANNEX

to Commission Regulation of 23 November 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘            999            ’ stands for ‘of other origin’.

----
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 on Form 10-Q of Playlogic Entertainment,
Inc. (the “Company”) for the quarter ended June 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Willem
M. Smit, Chief Executive Officer of the Company, 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.







Date August 14, 2009
              
              /s/
      Willem M. SmitWillem
      M. Smit
                Chief
      Executive Officer
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-18-00739-CV

In re Charles Hamilton, Jr.

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N 

Relator Charles Hamilton, Jr., an inmate in the Texas Department of Criminal 

Justice, has filed a pro se petition for writ of mandamus complaining that the trial court erred by 

denying his motion to correct an illegal sentence imposed in connection with his 2009 felony 

conviction for burglary. Hamilton argues that the trial court improperly admitted certain 

evidence during the punishment phase of the 2009 trial, and he requests that this Court order the 

trial court to resentence him.

The relief requested in this petition amounts to relief that is available through a 

writ of habeas corpus pursuant to article 11.07 of the Code of Criminal Procedure. See Tex.

Code Crim. Proc. art. 11.07, § 3. This Court is without jurisdiction to grant relief in such cases. 

See Ex parte Rich, 194 S.W.3d 508, 511 (Tex. Crim. App. 2006) (“We have long held that a 

claim of an illegal sentence is cognizable on a writ of habeas corpus.”); Ater v. Eighth Court of 

Appeals, 802 S.W.2d 241, 242-43 (Tex. Crim. App. 1991).

The petition for writ of mandamus is dismissed for want of jurisdiction.
2

__________________________________________

Melissa Goodwin, Justice

Before Justices Puryear, Goodwin, and Bourland

Filed: November 16, 2018
---

---

EXHIBIT 12.4

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 Elbit Vision Systems Ltd. (the Company)
on Form 20-F for the year ended December 31, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Yaron Menashe, Chief
Financial Officer of the Company, 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) 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.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------

|July 15, 2009 |  | /s/ Yaron Menashe
Yaron MenasheChief Financial Officer and Principal Accounting 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.



---

---
EXHIBIT 99.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

         In connection with the Form 10-QSB of Direct Wireless Communications,
Inc.for the quarter ended June 30, 2002, I, Robert S. Braswell, IV, President
and Chief Financial Officer of Direct Wireless, hereby certify pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002,
to the best of my knowledge and belief, that:

(1) such Form 10-QSB for the quarter ended June 30, 2002, 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 Form 10-QSB for the quarter ended June 30,
2002, fairly presents, in all material respects, the financial condition and
results of operations of Direct Wireless Communications, Inc.

 /s/ Robert S. Braswell, IV
--------------------------------------------------------------
Robert S. Braswell, IV
President and Chief Financial Officer
[Ernst & Young Logo]**EXHIBIT 23.2**
**Consent ofIndependent Registered Public Accounting Firm**
We consent to the reference to our firm under the caption“Experts” and to the use of our report dated April 15,2005 on IsoTis S.A., in the Registration Statement on Form S-1and related Prospectus of IsoTis, Inc. expected to be filed on orabout January 26, 2007.

Ernst & Young Ltd.

/s/ Mark Hawkins         /s/ LaurentBludzien

Geneva, Switzerland
* Pursuant to 5 TH 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 5 TH C IR. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40532 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. ADAN GARCIA-FIGUEROA, also known as Adan Toro-Garcia Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 7:07-CR-46-1 Before JOLLY, DAVIS, and WIENER, Circuit Judges. PER CURIAM: * Appealing theJudgment in a Criminal Case, Adan Garcia-Figueroa raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and nota separate criminal offense. U nited Statesv. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug. 28, 2007) (No. 07-6202). The United States Court of Appeals

Fifth Circuit 

### F I L E D October 3, 2007 Charles R. Fulbruge III ClerkNo. 07-20230

2 appellant's motion for summary disposition is GRANTED, and thejudgment of the district court is AFFIRMED.
**EXHIBIT 32.2**

**CERTIFICATION OF**

**CHIEF FINANCIAL OFFICER**

**OF MAX CAPITAL GROUP LTD.**

This certification isprovided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1350, and accompanies the quarterly report on Form 10-Q (the “Form 10-Q”) for the quarter ended September 30, 2007 of Max Capital Group Ltd.(the “Issuer”). 

I, Joseph W. Roberts, the Chief Financial Officer of Issuer certify that: 

(i) the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.78m(a) or 78o(d)); and 

(ii) the information contained in the Form 10-Q fairly presents, in all material respects, the financial conditionand results of operations of the Issuer. 

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 the Issuer and will be retained by the Issuer and furnished tothe Securities and Exchange Commission or its staff upon request. 

Dated: November 6, 2007
<PAGE>
                                                                    Exhibit 23.2


[PRICEWATERHOUSECOOPERS LOGO]



                       CONSENT OF INDEPENDENT ACCOUNTANTS



We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (File No. 33-85896) and Form S-8 (File No. 33-78592,
File No. 333-69913, File No. 333-79445 and File No. 333-37912), of D&E
Communications, Inc. of our report dated February 25, 2002, on our audits of
the consolidated financial statements of EuroTel L.L.C. which appear in this
Form 10-K/A.


PricewaterhouseCoopers SpA

/s/ Nicola DiBenedetto
Nicola DiBenedetto
(Partner)


Rome, April 23, 2002
EX-4.5



 Exhibit 4.5 
 AMENDMENT NO. 4 
 TO
THE 
 ULTRALIFE CORPORATION 

AMENDED AND RESTATED 2004 LONG-TERM INCENTIVE
PLAN 
 WHEREAS, Ultralife Corporation (the “Company”) maintains the Ultralife Corporation
Amended and Restated 2004 Long-Term Incentive Plan (as last amended effective as of June 5, 2008) (the “Plan”); 

WHEREAS, pursuant to Section 12(i) of the Plan, the Company has reserved the right to amend the Plan; 

WHEREAS, the Company desires to amend the Plan in certain respects; 

WHEREAS, on April 20, 2011, subject to shareholder approval, the Board of Directors of the Company approved this amendment;
and 
 WHEREAS, pursuant to Section 12(i) of the Plan, approval by the Company’s shareholders is required with
respect to this amendment. 
 NOW, THEREFORE, the Plan is hereby amended as follows: 

 

	1.	The first sentence of Section 4(a) of the Plan is hereby amended to read as follows: 


“(a) In General. The maximum number of shares of Stock which shall be available for the grant or issuance of Awards under the Plan
(including ISOs) during its term shall not exceed 2,900,000 (plus any shares of Stock which are or become available under Section 2 hereof, which shares shall also be available for the grant or issuance of Awards under the Plan); provided,
however, that no more than 200,000 shares of Stock may be used for Awards other than Options or SARs.” 
  

	2.	Section 4(b) of the Plan is hereby amended to read as follows: 

 “(b) Maximum Awards Payable. Subject to Section 4(c) hereof, and notwithstanding any provision contained in the Plan to the contrary, the maximum Award payable (or granted, if applicable) to any
one Grantee under the Plan for a calendar year is 50,000 shares of Stock; provided, however, that the 50,000 share limitation shall not apply to inducement grants to Grantees who are new executives or key employees that do not exceed 700,000 shares
of Stock.” 
  

	3.	This amendment shall be effective upon approval of the shareholders of the Company at the 2011 Annual Meeting of Shareholders on June 7, 2011. If this amendment is
not so approved at such meeting, then the amendment shall be null and void. 

  

	4.	Except as hereinabove provided, the Plan is hereby ratified, confirmed and approved in all respects.
<PAGE>   1

                                                                    Exhibit 23.1


                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


        As independent public accountants, we hereby consent to the 
incorporation of our reports included in this Form 10-K, into the Company's 
previously filed Registration Statements on Form S-8 File No. 33-62102, 
Form S-8 File No. 33-62104, Form S-8 File No. 33-79426 and Form S-3 File 
No. 33-73758.

Orange County, California
January 12, 1996

                                                ARTHUR ANDERSEN LLP
OLEM/OSRTI Washington, DC 20460 

## N ATIONAL 

## P RIORITIES 

## L IST 

## (NPL)

*** Final Site *** April 2016 

### LEA AND WEST SECOND STREET Roswell, New Mexico Chaves County

 **Site Location :**  The site is centrally located near the intersection of Lea Street and West Second Street in Roswell, New Mexico

.

 **Site History:** The Lea and West Second Street site consists of a ground water plume of chlorinated solvents from known and unknown sources in Roswell, New Mexico. The sources include two areas of contaminated soil associated with former dry cleaning operations, contamination associated with a former in

- ground concrete separator tank and a contaminated ground water plume.

 **Site Contamination/Contaminants:** Soil and gro und water is contaminated with tetrachloroethylene, trichloroethylene, cis -1,2- dichloroethene and trans

1,2- dichloroethene. These contaminants were found at concentrations greater than the Safe Drinking Water Act’s Maximum Contaminant Levels (MCLs) within the alluvial ground water

.

 **Potential Impacts on Surrounding Community/Environment :**  More than 48,000 residents of the c ity of Roswell receive d rinking water from ground water. This population is potentially affected by the contaminants related to historical industrial site operations.

 **Response Activities (to date):** In 2009 the New Mexico Environment Department (NMED) removed an in

- ground tank connected to the sanitary sewer system from one of the former dry cleaners tenant spaces

.

 **Need for NPL Listing:** The NMED referred the site to the EPA due to the chlorinated solvent plume, use of ground water for drinking and the presence of geologic conditions favorable for migration. Without identification and investigation of the source of ground water contamination and remediation of the contaminated ground water plume additional public and private wells may be threatened. Other federal and state cleanup programs were evaluated, but are not viable at this time. The EPA received a letter of support for placing this site on the NPL from the state of New Mexico

.

[The description of the site (release) is based on information available at the time the site was evaluated with the HRS. The description may change as additional information is gathered on the sources and extent of contamination. See 56 FR 5600, February 11, 1991, or subsequent FR notices.]

For more information about the hazardous substances identified in this narrative summary, including general information regarding the effects of exposure to these substances on human health, please see the Agency for Toxic Substances and Disease Registry (ATSDR) ToxFAQs. ATSDR ToxF AQs can be found on the Internet at http://www.atsdr.cdc.gov/toxfaqs/index.asp or by telephone at 1

- 888

- 42

- ATSDR or 1

- 888

- 422

- 8737.
Exhibit 4.8

                 AGREEMENT TO FURNISH LONG-TERM DEBT INSTRUMENTS

     Coastal  Credit,  L.L.C.,  which will  become a  subsidiary  of White River
Capital, Inc., the registrant,  upon completion of the transactions described in
the registration statement,  has issued Subordinated Debentures in the aggregate
amount of $3.7 million to various purchasers. The Subordinated Debentures mature
in March 2007 and bear interest at 11-1/8% or 12%, as applicable.  In accordance
with Item  601(b)(4)(iii)(A)  of Regulation S-K (17 CFR  229.601(b)(4)(iii)(A)),
the registrant  hereby  undertakes and agrees to furnish to the Commission  upon
request a copy of the Subordinated  Debentures,  which are not filed as exhibits
to this  registration  statement because the debt evidenced by those instruments
has not been and is not  being  registered  and  because  the  total  amount  of
securities  authorized under those  instruments does not exceed 10% of the total
assets of the registrant and its  subsidiaries  on a consolidated  basis (giving
effect to the transactions described in the registration statement).
Exhibit
      13.2





**Certificate
      of Chief 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 Annual Report on Form 20-F of Atlas Pacific Ltd (the
“Company”) for the financial year ended December 31, 2004, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), Simon
      Adams as Chief Financial Officer of the Company, 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 the best of his knowledge:





1.  The
      Report fully complies with the requirements of Section 13(a) of the Securities
      Exchange Act of 1934; and





2.  The
      information contained in the Report fairly presents, in all material respects,
      the financial condition at the end of the period covered by the Report and
      result of operations of the Company for the period covered by the
      Report.





/s/
      Simon Adams


Simon
      Adams


Chief
      Financial Officer








July
      15,
      2005





This
      certificate accompanies this Report pursuant to section 906 of the
      Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
      the
      Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
      section 18 of the Securities Exchange Act of 1934, as amended.
* 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.

FILED

United States Court of Appeals

Fifth Circuit

March 27, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-61036

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANGELA MICHELLE ROUTE,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 02-CR-18-4

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

Before BARKSDALE, DEMOSS, and, BENAVIDES, Circuit Judges.

PER CURIAM:*

Angela Michelle Route appeals the district court’s

affirmance of a magistrate judge’s order that she be detained

pending trial. While this appeal was pending, Route pleaded

guilty to one of the counts of the indictment. Because Route now

is in federal custody pursuant to a criminal conviction, her

request for release from pretrial confinement is moot as to that

count. See Fassler v. United States, 858 F.2d 1016, 1018 (5th

Cir. 1988). Although her appeal is not moot as to the remaining
No. 02-61036

-2-

counts, in the absence of a motion for release pending

sentencing, Route would remain in custody even if we concluded

that the district court erred below. Therefore, we AFFIRM. See

Sojourner T v. Edwards, 974 F.2d 27, 30 (5th Cir. 1992) (court

may affirm on any grounds supported by the record). 

AFFIRMED.
* 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. 03-41346

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL GLEN SEYMOUR,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:03-CR-41-3

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

Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Michael Glen Seymour appeals his conviction for conspiracy

to possess with intent to distribute 50 grams or more of cocaine

base in violation of 21 U.S.C. §§ 841(a)(1) and 846. On appeal,

Seymour challenges only the district court’s failure to hold an

evidentiary hearing on his oral motion to suppress evidence. 

Because his motion to suppress was not made until the middle of

the trial, the district court denied it as untimely.

United States Court of Appeals

Fifth Circuit

F I L E D

June 22, 2004

Charles R. Fulbruge III

Clerk
No. 03-41346

-2-

A motion to suppress evidence must be made before trial. 

FED. R. CRIM. P. 12(b)(3)(C). Failure to raise a motion by the

deadline results in a waiver of the objection. FED. R. CRIM.

P. 12(e). An evidentiary hearing is required on a motion to

suppress “only when necessary to receive evidence on an issue of

fact.” United States v. Harrelson, 705 F.2d 733, 737 (5th Cir.

1983). This court reviews a district court’s refusal to conduct

an evidentiary hearing on a motion to suppress for abuse of

discretion. Id.

Because the district court denied the motion to suppress as

untimely, the district court did not abuse its discretion by not

holding an evidentiary hearing on its substantive merits. 

Seymour’s appellate brief does not address the district court’s

conclusion that his motion to suppress was untimely; therefore,

we will not consider this issue on appeal. See Yohey v. Collins,

985 F.2d 222, 224 (5th Cir. 1993).

AFFIRMED.
Electronically Filed Intermediate Court of Appeals CAAP-16-0000402 30-JUL-2018 08:42 AM