alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1

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

The undersigned
President and chief executive officer of First Republic Preferred Capital Corporation (the Company), hereby certifies on the date hereof pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of
2002, that the Quarterly Report on Form 10-Q for the quarter ended June 27, 2008 (the Form 10-Q), filed concurrently herewith by the Company, fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended, and that 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: August 8, 2008 |  |  |  | /s/ JAMES J. BAUMBERGER
|                     |  |  |  |                         |  | Name:  |  | James J. Baumberger                  
|                     |  |  |  |                         |  | Title: |  | President and chief executive officer
<PAGE>   1
                                                                    Exhibit 21.1

                     SUBSIDIARIES OF POST PROPERTIES, INC.

<TABLE>
<CAPTION>

   Name                                                          Incorporation
   ----                                                          -------------

<S>                                                              <C>
1.   Post Apartment Homes, L.P.                                      Georgia
2.   Post Services, Inc.                                             Georgia
3.   Post LP Holdings, Inc.                                          Georgia
4.   Post GP Holdings, Inc.                                          Georgia
5.   A.T. Aviation, Inc.                                             Georgia
6.   Post Landscape Services, Inc.                                   Georgia
7.   RAM Partners, Inc.                                              Georgia
8.   Post Asset Management, Inc.                                     Georgia
9.   Rocky Point Management, Inc.                                    Georgia
10.  Cumberland Lake, Inc.                                           Georgia
11.  Briarcliff Commercial Property, LLC                             Georgia
12.  Armada Homes, Inc.                                              Delaware
13.  Post Development Services
     Limited Partnership                                             Georgia
14.  Addison Circle Access, Inc.                                     Delaware
15.  Akard-McKinney Investment
     Company, LLC                                                    Texas
16.  Post Uptown, LLC                                                Texas
17.  Greenwood Residential, LLC                                      Texas
18   Columbus Management Services, LLC                               Texas
19.  Uptown Denver, LLC                                              Colorado
20.  Addison Circle One, Ltd.                                        Texas
21.  Addison Circle Two, Ltd.                                        Texas
22.  Post Mississippi Properties, LLC                                Texas
23.  Post Knox Park, LLC                                             Texas
24.  Post Rice Lofts, LLC                                            Texas
25.  Rice Lofts, L.P.                                                Texas
</TABLE>
EXHIBIT
      32.2





CERTIFICATION
      PURSUANT TO


18
      U.S.C.
      SECTION1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the Quarterly Report of LitFunding Corp. (the "Company") on
      Form
      10-QSB for the period ended September 30, 2006, as filed with the Securities
      and
      Exchange Commission on the date hereof (the "Report"), I, Terry Gabby, 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:





(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.








Terry
      Gabby


Terry
      Gabby


Chief
      Financial Officer


November
      20, 2006
#### UNITED STATES of America, Plaintiff-Appellee, v. Bryant Oneil THOMPSON, Defendant-Appellant.

No. 02-4449.

United States Court of Appeals, Fourth Circuit.

Submitted Jan. 21, 2003.

Decided Feb. 6, 2003.

David W. Plowden, Assistant Federal Public Defender, Greenville, South Carolina, for Appellant. Elizabeth Jean Howard, Office of the United States Attorney, Greenville, South Carolina, for Appellee.

Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

OPINION

PER CURIAM.

Bryant Thompson appeals the district court’s order sentencing him to 171 months imprisonment following his guilty pleas to car-jacking, possession of a firearm by a felon, and use of a firearm in the facilitation of a violent felony, in violation of 18 U.S.C. §§ 922(g), 924(c), 2119 (2000). In his appeal, filed pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Thompson raises two claims: (1) Thompson’s plea was unknowing and involuntary; and (2) the district court erred in sentencing Thompson to 171 months imprisonment. Thompson has been advised of his right to file a pro se supplemental brief, but has not done so. Neither of the claims presented by counsel were preserved before the district court. Accordingly, they are reviewed for plain error. *United States v. Ford,*88 F.3d 1350, 1355 (4th Cir.1996).

Thompson first assigns error to the district court’s acceptance of his guilty pleas. We have reviewed the transcript of the hearing conducted before the district court and are satisfied that Thompson was afforded the protections of Fed.R.Crim.P. 11, and the Due Process Clause. Accordingly, this claim merits no relief.

Thompson next claims that the district court erred in calculating his sentence. We have likewise reviewed the district court’s application of the sentencing guidelines and find no error. Thompson’s sen*650tence was the maximum in the applicable guidelines range, and there was no error in the determination of the range. Moreover, the sentence did not exceed the maximum applicable under the relevant statutes. Accordingly, we deny relief on this claim as well.

Finding no meritorious issues upon our review of the record pursuant to *Anders,*we affirm the judgment of the district court. This court requires that counsel inform his client, in writing, of his right to petition the Supreme Court of the United States for further review. If the client requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on the client. 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.

*AFFIRMED.*
1

John T.Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.

Tex. Gov’t Code Ann. §75.002(a)(1) (Vernon Supp. 2003). 

NO. 07-96-0143-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

AUGUST 21, 2003

______________________________

 JAMES PRICE AND ROBERT PRICE, INDIVIDUALLY

AND AS CO-PARTNERS D/B/A PRICE BROS. FARMS, APPELLANTS

V.

JAMES RENEAU SEED COMPANY, INC., APPELLEE

_________________________________

FROM THE 31ST DISTRICT COURT OF WHEELER COUNTY;

NO. 9917; HONORABLE M. KENT SIMS, JUDGE

_______________________________

Before REAVIS and CAMPBELL, JJ., and BOYD, S.J.1

Appellants James Price and Robert Price d/b/a Price Brothers Farms bring this

appeal from a trial court judgment in favor of appellee James Reneau Seed Co., Inc. For

reasons we later express, we dismiss the appeal.
2

The judgment in question here was rendered on January 9, 1996. The appeal from

the judgment was timely perfected and both parties timely filed their briefs. However, on

September 4, 1996, this court, having been notified that appellants were involved in

bankruptcy proceedings, abated this cause to be reinstated upon proper motion. 

Nothing further was heard from either party subsequent to September 4, 1996.

Because of the time lapse, by direction of the court, the parties were notified by our clerk

to advise the court of the status of the bankruptcy proceeding. On May 22, 2003, the clerk

was notified by appellants’ attorney that he was informed that the bankruptcy proceeding

had been fully administered and was closed in July 1998. Nothing further was heard from

the parties.

On August 7, 2003, the parties were notified that unless appellants or any party

desiring to continue the appeal, within ten days from the date of the notice, filed with this

court a response showing grounds for continuing the appeal, the appeal would be

dismissed for lack of prosecution. No reply to that notice has been made by either party.

Accordingly, the appeal is reinstated, and as reinstated, is hereby dismissed. 

John T. Boyd

Senior Justice
<PAGE>

                                                                    EXHIBIT 21.1

Subsidiaries of Aviva Petroleum Inc.

                                             Place of
Company                                      Incorporation
-------                                      -------------
Aviva Operating Company                      Nevada
Aviva America, Inc.                          Delaware
Neo Energy, Inc.                             Texas
Aviva Delaware Inc.                          Delaware
Aviva Overseas Inc.                          Delaware
Aviva Acquisitions Company                   Delaware
Garnet Resources Corporation                 Delaware
Garnet Pakistan Corporation                  Delaware
Garnet Spain Corporation                     Delaware
Garnet Turkey Corporation                    Delaware
Garnet PNG Corporation                       Delaware
Garnet Energy Inc.                           Delaware
Argosy Petroleum Company, SA                 Colombia, South America
Garnet Resources Canada Ltd.                 British Columbia
[*]=informationredacted pursuant to a confidential treatment request. Such omittedinformation has been filed separately with the Securities andExchange Commission.**Exhibit10.63**SECURITY AGREEMENT**          This SECURITY AGREEMENT (this “Agreement”) is made this 1st day of August, 2005,between COMMERCE ENERGY, INC., a California Corporation (“Commerce Energy”),andTENASKA POWER SERVICES CO., a Nebraska corporation (“TPS”).WITNESSETH:          WHEREAS, Commerce Energy and TPS are parties to that certain EEI Power Purchase and SaleAgreement dated August 1, 2005 (as amended, restated, supplemented or otherwise modified from timeto time, the “Master Agreement”);          WHEREAS, Commerce Energy and TPS are parties to that certain Agreement for QSE and MarketingServices dated August 1, 2005 (as amended, restated, supplemented or otherwise modified from timeto time, the “QSE Agreement” and, together with the Master Agreement, the “EnergyAgreements”);          WHEREAS, Commerce Energy has accepted and assumed by assignment from ACN Energy, Inc. certainagreements identified in that certain Assignment and Assumption Agreement dated as of July 14,2005, between ACN Energy, Inc., TPS, and Commerce Energy (with the assigned agreements identifiedtherein referenced in this Agreement as the “Assigned Agreements”);          WHEREAS, Commerce Energy is a wholly-owned subsidiary of Commerce Energy Group, Inc.(“Commerce Energy Group”), a Delaware corporation; and          WHEREAS, in order to induce TPS to enter into the Energy Agreements and the other TransactionDocuments and to induce TPS to perform its obligations under the Energy Agreements and the AssignedAgreements, Commerce Energy has agreed to grant a continuing Lien on the Collateral (as hereinafterdefined) to secure the prompt and complete payment, observance and performance of, among otherthings, the obligations of Commerce Energy arising under the Energy Agreements and the AssignedAgreements (being hereinafter referred to as the “Secured Obligations”), by the granting ofthe security interest contemplated by this Agreement.          NOW, THEREFORE, for and in consideration of the recitals made above and other good andvaluable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged, theparties hereto agree as follows:          1. Defined Terms.(a) All capitalized terms used herein without definition shall have the meanings ascribed theretoin the Master Agreement and if not defined therein, in the QSE Agreement.(b) “Affiliate” means, as to any person, any entity that directly or indirectly controls,is controlled by, or is under common control with, such person. For purposes of this definition,“control” means the possession, directly or indirectly, of the power to (a) vote ten percent (10%)**
### IN THE TENTH COURT OF APPEALS
No. 10
- 23
- 00183
- CR
ELIAS MARTINEZ
- VARGAS , Appellant v. THE STATE OF TEXAS , Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2020
- 700
- C1

MEMORANDUM OPINION

Elias Martinez

- Vargas appeals his conviction of three counts of Aggravated Sexual
A ssault of a Child

. The judgments were signed on June 2, 2022. Martinez

- Vargas’ notice of appeal was due July 5, 2022. See T EX

. R. A PP
. P . 26.2(a)(1). It's filing on June 2 1 , 2023 , is untimely.
Martinez

- Vargas also presented a motion for an extension of time to file his notice of appeal. It is unti mely as well. See id

. 26.3. When both the notice of appeal and the motion for extension of time to file a notice of appeal are untimely, we have noMartinez

- Vargas v. State Page 2

jurisdiction to grant an out of time appeal; that authority belongs exclusively to the Court
of Criminal A ppeals through a writ of habeas corpus. See Parr v. State , 206 S.W.3d 143,
144

- 45 (Tex. App.

— Waco 2006, no pet.). We have no jurisdiction of an untimely appeal, and this appeal must be dismissed.
See Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely). Accordingly, this appeal is dismissed. 1
Mart inez

- Vargas’ motion for leave and motion for extension of time are also
dismissed.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Motions dismissed Opinion delivered and filed Ju ly 26 , 2023 Do not publish [CR25]

1 Even if Martinez

- Vargas ’ notice of appeal was timely, this appeal would still be dismissed b ecause Martinez

- Vargas pled guilty pursuant to a plea bargain and the trial court's certificate of right of appeal indicates Martinez

- Vargas has no right to appeal and has waived his right to appeal

. See T EX

. R. A PP

. P. 25.2(d) ("The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules."); Chavez v. State , 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (plea bargain); Monreal v. State , 99 S.W.3d 615, 622 (Tex. Crim. App. 20 03) (waiver of appeal).
II

Calendar No. 57

104TH CONGRESS

1ST SESSION S. 197

[Report No. 104–34]

To establish the Carl Garner Federal Lands Cleanup Day, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 11 (legislative day, JANUARY 10), 1995

Mr. BUMPERS (for himself and Mr. PRYOR) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

APRIL 7 (legislative day, APRIL 5), 1995

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To establish the Carl Garner Federal Lands Cleanup Day,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 197 RS

1 SECTION 1. THE CARL GARNER FEDERAL LANDS CLEANUP

2 ACT.

3 The Federal Lands Cleanup Act of 1985 (36 U.S.C.

4 169i–169i–1) is amended by striking ‘‘Federal Lands

5 Cleanup Day’’ each place it appears and inserting ‘‘Carl

6 Garner Federal Lands Cleanup Day’’.

7 The Federal Lands Cleanup Act of 1985 (Public Law

8 99–402; 36 U.S.C. 169i–169i–1) is amended by striking the

9 terms ‘‘Federal Lands Cleanup Day’’ or ‘‘Federal Lands

10 National Cleanup Day’’ each place they occur and inserting

11 in lieu thereof, ‘‘Carl Garner Federal Lands Cleanup Day’’.

Calendar No. 57

104TH CONGRESS

1ST SESSION S. 197

[Report No. 104–34]

A BILL

To establish the Carl Garner Federal Lands

A

Cleanup Day, and for other purposes.

PRIL 7 (legislative day, APRIL 5), 1995

Reported with an amendment
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1615

THEODORE M. JUDY, Plaintiff - Appellant, versus WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS, a Public Entity, Defendant - Appellee, and FIDELITY NATIONAL COLLECTIONS, Division of Fidelity Properties, Incorporated; WEST VIRGINIA UNIVERSITY HOSPITAL, INCORPORATED, a West Virginia Corporation and a Functional Operation Unit of West Virginia University Board of Governors, a Public Entity, Defendants. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Frederick P. Stamp, Jr., District Judge. (CA-02-156-1) Submitted: November 30, 2004 Decided: December 29, 2004 Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion.- 2 - John R. Goodwin, Las Vegas, Nevada, for Appellant. William S. Adams, MACCORKLE, LAVENDER, CASEY & SWEENEY, P.L.L.C., Morgantown, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 3 - PER CURIAM: Theodore M. Judy appeals the district court’s orders granting summary judgment to the West Virginia University Board of Governors and denying his motion for reconsideration in his civil action. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Judy v. Fid. Nat’l Collections , No. CA-02-156-1 (N.D.W. Va. Nov. 7, 2003 & Apr. 14, 2004). 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.

AFFIRMED
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

The undersigned, the Chief Executive Officer and Chairman of the Board of Gladstone Capital Corporation (the Company), hereby certifies on the
date hereof, pursuant to 18 U.S.C. §1350(a), as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q for the quarter ended June 30, 2018
(Form 10-Q), filed concurrently herewith by the Company, 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: July 31, 2018



|                                                              
|--------------------------------------------------------------
|/s/ David Gladstone                                           
|David Gladstone                                               
|Chief Executive Officer and Chairman of the
Board of Directors
**
**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**

The undersigned, the Chief Executive Officer and Chairman of the Board of Gladstone Capital Corporation (the “Company”), hereby certifies on thedate hereof, pursuant to 18 U.S.C. §1350(a), as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q for the quarter ended December 31, 2019(“Form 10-Q”), filed concurrently herewith by the Company, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the informationcontained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company. 

Date: February 5, 2020 

 

/s/ *David Gladstone*
David Gladstone
Chief Executive Officer and

Chairman of theBoard of Directors
**
**Exhibit32.1**

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

The undersigned, theChief Executive Officer and Chairman of the Board of Gladstone CapitalCorporation (the “Company”), hereby certifies on the date hereof, pursuant to18 U.S.C. §1350(a), as adopted pursuant to Section 906 of The Sarbanes-OxleyAct of 2002, that the Quarterly Report on Form 10-Q for the quarter ended June30, 2006 (“Form 10-Q”), filed concurrently herewith by the Company, fullycomplies with the requirements of Section 13(a) or Section 15(d) of theSecurities Exchange Act of 1934, as amended, and that the information containedin the Form 10-Q fairly presents, in all material respects, the financialcondition and results of operations of the Company.

Dated:  August 1, 2006
|                          |   |
|--------------------------|--------|
| /s/ David  Gladstone     |   |
| David Gladstone          |   |
| Chief Executive  Officer |   |

 

 

----
Exhibit 23.1**INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM’S CONSENT**We consent to the use in this Registration Statement on Form S-1 of our reports dated June 12, 2007and February 21, 2008 with respect to financial statements of EnerJex Resources, Inc. for the yearsended March 31, 2007 and March 31, 2006 and the nine month period ended December 31, 2007, filedwith the Securities and Exchange Commission. We also consent to the reference to us under theheading “Experts” in each of the Registration Statement and the Prospectus to which theRegistration Statement relates./s/ Weaver & Martin LLC
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

KIRK DANIEL HAGLESTON,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 611 MAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 13th day of March, 2019, the Petition for Allowance of Appeal is 

DENIED.