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

FOR THE FIFTH CIRCUIT

No. 14-40725

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ANSELMO MEDINA-CABRERA,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:13-CR-1000-1

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Anselmo Medina-Cabrera 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). Medina-Cabrera has filed a response. We have reviewed counsel’s 

brief and the relevant portions of the record reflected therein, as well as 

Medina-Cabrera’s response. We concur with counsel’s assessment that the 

 

* 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

June 17, 2015

Lyle W. Cayce

Clerk

 Case: 14-40725 Document: 00513082986 Page: 1 Date Filed: 06/17/2015
No. 14-40725

2

appeal presents no nonfrivolous issue for 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: 14-40725 Document: 00513082986 Page: 2 Date Filed: 06/17/2015
<PAGE>
                                                                  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 uWink,  Inc. (the "Company") on Form
10-QSB for the quarter  ending March 31, 2004 as filed with the  Securities  and
Exchange Commission on the date hereof (the "Report"), I, Nolan. Bushnell, Chief
Executive  Officer and Chief Financial  Officer of the Company,  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)   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: May 24, 2004                            /S/ NOLAN K. BUSHNELL
                                              ---------------------------------
                                              Nolan K. Bushnell
                                              Chief Executive Officer and
                                              Chief Financial Officer
II

Calendar No. 309

104TH CONGRESS

2D SESSION S. 653

[Report No. 104–207]

To authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel AURA.

IN THE SENATE OF THE UNITED STATES

MARCH 30 (legislative day, MARCH 27), 1995

Mr. KERRY (for himself and Mr. KENNEDY) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

JANUARY 26, 1996

Reported by Mr. PRESSLER, without amendment

A BILL

To authorize the Secretary of Transportation to issue a

certificate of documentation with the appropriate endorsement for employment in the coastwise trade for

the vessel AURA.

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

3 That notwithstanding sections 12106, 12107, and 12108

4 of title 46, United States Code, and section 27 of the Mer-
2

S 653 RS

1 chant Marine Act, 1920 (46 App. U.S.C. 883), as applica2 ble on the date of enactment of this Act, the Secretary

3 of Transportation may issue a certificate of documentation

4 with the appropriate endorsement for employment in the

5 coastwise trade for the vessel AURA (United States offi6 cial number 1027807).

Calendar No. 309

104TH CONGRESS

2D SESSION S. 653

[Report No. 104–207]

A BILL

To authorize the Secretary of Transportation to

coastwise trade for the vessel AURA.propriate endorsement for employment in theissue a certificate of documentation with the apJANUARY 26, 1996

Reported without amendment
<PAGE>

                                                                    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 uWink, Inc. (the "Company") on Form
10-QSB for the quarter ending September 30, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Nolan K. Bushnell,
Chief Executive Officer of the Company, 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)      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.


July 19, 2006                                        By: /s/ NOLAN K. BUSHNELL
                                                         -----------------------
                                                         Nolan K. Bushnell
                                                         Chief Executive Officer
<PAGE>

                                                                    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 uWink, Inc. (the "Company") on Form
10-QSB for the quarter ending Septmeber 30, 2006 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Nolan K. Bushnell,
Chief Executive Officer of the Company, 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)      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, 2006                                    By: /s/ NOLAN K. BUSHNELL
                                                         -----------------------
                                                         Nolan K. Bushnell
                                                         Chief Executive Officer
Exhibit 4.47




ADDENDUM NO. 1

to an Agreement dated as of 31st March 2016

(the "TMS Agreement")

between

Ocean Rig UDW Inc. of Cayman Islands ("OCR")

and

TMS Offshore Services Ltd. of Marshall Islands ("TMS")


(collectively referred to as "Parties", and individually as "Party")















WHEREAS pursuant to the terms of the TMS Agreement, OCR and its relevant subsidiaries would enter into one or more management agreements with TMS for the provision of certain management services associated with the management of its drilling units.


WHEREAS the Parties hereto wish to amend certain terms of the TMS Agreement with any necessary management or other agreements to be entered into by OCR and/or any of its subsidiaries and TMS as required from time to time


NOW THEREFORE for various considerations, receipt and sufficiency thereof being hereby expressly acknowledged by each of the Parties hereto, the Parties do mutually agree as follows:



	1.	
With effect as of the Effective Date, the main terms of the TMS Agreement are hereby amended as follows:








		a.	
The existing monthly fee of USD835,000 to be replaced by an annual fee of USD15,500,000 payable monthly; 








		b.	
The performance fee of up to USD10,000,000 per annum to be provided in stock or cash at the discretion of the Board of Directors of the Company. Such fee for the year 2016 to be USD7,000,000;








		c.	
The insurance to be payable on a gross basis;








		d.	
An additional service of executive management and accounting to be also included;








		e.	
The escalation due to the inflation of currency to be reviewed annually;








		f.	
The termination fee to be reduced annually by USD15,000,000, starting in 2018, but in any given time shall not be lower than USD30,000,000;








		g.	
The offshore personnel fee to be reduced to USD35.00 per day per person;








		h.	
The catering fee to be reduced to USD50.00 per day per person;








		i.	
The standard change of control provisions to apply; and








		j.	
The financing fee to be increased to 50bps.








	2.	
The Effective Date of this Addendum is as of 1St January 2017 (the "Effective Date").








	3.	
This Agreement shall be governed and construed in accordance with English Law and any disputes arising hereunder shall be referred to arbitration in London, UK under the LMAA Rules.






















	4.	
All other terms and conditions of the Agreement, save those amended above, shall remain unaltered and in full force and effect.







IN WITNESS WHEREOF the Parties hereto have duly executed and delivered this Addendum in two (2) originals this 16th day of January 2017.











	
 


 


 


 


 


 


/s/ Dimitrios Koukoulas                  

Mr. Dimitrios Koukoulas

Executive Vice President of

Ocean Rig UDW Inc.

	
Dr. Adriano Cefai

Director

MARE SERVICES LTD

5/1 Merchants Street

 Valletta 1171


 


/s/ Adriano Cefai                                   

Dr. Adriano Cefai

Director of Mare Services Limited

Sole Director of

TMS Offshore Services Ltd.
Order entered February 4, 2022

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-01160-CV

THE STATE OF TEXAS, Appellant

V.

SHERLEY PARTNERS, LTD., ET AL., Appellees

On Appeal from the County Court at Law No. 4

Collin County, Texas

Trial Court Cause No. 004-01692-2018

ORDER

By order dated February 2, 2022, we acknowledged appellant’s verification 

of request and payment for the reporter’s record and set March 4, 2022 as the 

deadline for the record. Before the court is the February 2, 2022 request of Denise 

Condran, Official Court Reporter for County Court at Law No. 4, for an extension 

of time to file the record. In light of our February 2 order, we DENY the motion 

as moot.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED INCOME STATEMENTS FROM
FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 1997.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         283,851
<SECURITIES>                                 2,552,775
<RECEIVABLES>                                  537,454<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             3,505,817
<PP&E>                                         115,193<F2>
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               4,533,415
<CURRENT-LIABILITIES>                        2,344,305
<BONDS>                                        388,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           698
<OTHER-SE>                                   1,222,471
<TOTAL-LIABILITY-AND-EQUITY>                 4,533,415
<SALES>                                              0
<TOTAL-REVENUES>                             5,826,444
<CGS>                                                0
<TOTAL-COSTS>                                4,245,281
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              36,658
<INCOME-PRETAX>                                382,200
<INCOME-TAX>                                   154,791
<INCOME-CONTINUING>                            227,409
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   227,409
<EPS-PRIMARY>                                     3.30
<EPS-DILUTED>                                     3.27
<FN>
<F1>RECEIVABLES ARE NET OF $32,587 ALLOWANCE FOR DOUBTFUL ACCOUNTS.
<F2>PP&E IS NET OF $120,627 ACCUMULATED DEPRECIATION AND AMORTIZATION.
</FN>


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED DECEMBER 31, 1996 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           5,638
<SECURITIES>                                    55,589
<RECEIVABLES>                                    1,748
<ALLOWANCES>                                         0
<INVENTORY>                                      1,124
<CURRENT-ASSETS>                                64,941
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  66,434
<CURRENT-LIABILITIES>                            2,043
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    66,434
<SALES>                                          2,968
<TOTAL-REVENUES>                                 2,968
<CGS>                                            2,032
<TOTAL-COSTS>                                    2,032
<OTHER-EXPENSES>                                 8,027
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (5,654)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,654)
<EPS-PRIMARY>                                    (.95)
<EPS-DILUTED>                                    (.95)


</TABLE>
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-18-00548-CR

NO. 03-18-00549-CR

Perry Wiley, Appellant

v.

The State of Texas, Appellee

FROM THE 147TH DISTRICT COURT OF TRAVIS COUNTY

NOS. D-1-DC-17-202954 & D-1-DC-17-202955

THE HONORABLE WILFORD FLOWERS, JUDGE PRESIDING

O R D E R F O R C L E R K T O P R O V I D E

A P P E L L A T E R E C O R D TO A P P E L L A N T

PER CURIAM

Appellant’s court-appointed counsel has filed a motion to withdraw supported by 

a brief concluding that the instant appeal is frivolous and without merit. See Anders 

v. California, 386 U.S. 738, 744 (1967). Appellant’s counsel has certified to the Court that he 

provided copies of the motion and brief to appellant, advised appellant of his right to examine 

the appellate record and file a pro se response, and supplied appellant with a form motion for 

pro se access to the appellate record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. 

App. 2014). Appellant has timely filed the motion requesting access to the appellate record with 

this Court.
2

Appellant’s pro se motion is granted. We hereby direct the clerk of the trial court

to provide a copy of the reporter’s record and clerk’s record to appellant, and to provide written 

verification to this Court of the date and manner in which the appellate record was provided, on 

or before August 29, 2019. See id. at 321.

It is ordered on August 19, 2019.

Before Chief Justice Rose, Justices Triana and Smith

Do Not Publish
EXHIBIT 32





Certification of CEO and CFO 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 10-K of Merisel, Inc. (the “Company”) for the period ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Donald R. Uzzi, as Chief Executive Officer and Victor L. Cisario, as Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of their knowledge, that:





(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.





/s/ Donald R. UzziDonald R. UzziChairman and Chief Executive Officer
 
 /s/ Victor L. CisarioVictor L. CisarioChief Financial Officer
 
 March 15, 2011





The foregoing certification is being furnished to the Securities and Exchange Commission as part of the accompanying report.  A signed original copy 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.
<PAGE>   1

                                                                    EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

     We consent to the incorporation by reference in the Prospectus constituting
part of the Registration Statements on Form S-3 (No. 333-52081 and No.
333-72037) and the Registration Statement on Form S-8 (No. 333-15947, No.
333-62039 and No. 333-92169) of our report dated February 18, 2000, with respect
to the financial statements of Aradigm Corporation included in the Annual Report
(Form 10-K) for the year ended December 31, 1999, as amended.

                                                           /s/ ERNST & YOUNG LLP

Palo Alto, California
March 27, 2000
II

104TH CONGRESS

1ST SESSION S. 510

To extend the authorization for certain programs under the Native American

Programs Act of 1974, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 7 (legislative day, MARCH 6), 1995

Mr. MCCAIN (for himself and Mr. INOUYE) introduced the following bill; which

was read twice and referred to the Committee on Indian Affairs

A BILL

To extend the authorization for certain programs under the

Native American Programs Act of 1974, 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,

3 SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR NA4 TIVE AMERICAN SOCIAL AND ECONOMIC DE5 VELOPMENT STRATEGIES GRANT PROGRAM.

6 Section 816 of the Native American Programs Act

7 of 1974 (42 U.S.C. 2992d) is amended—

8 (1) in subsection (a), by striking ‘‘for fiscal

9 years 1992, 1993, 1994, and 1995.’’ and inserting
2

•S 510 IS

1 ‘‘for each of fiscal years 1995, 1996, 1997, 1998,

2 and 1999.’’; and

3 (2) in subsection (c), by striking ‘‘and 1996,’’

4 and inserting ‘‘1996, 1997, 1998, and 1999,’’.

Æ
#### Daniel Lopez MONTOYA, Appellant, v. The STATE of Texas, Appellee.

No. 29102.

Court of Criminal Appeals of Texas.

March 5, 1958.

No attorney on appeal for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

DICE, Commissioner.

The former opinion delivered in this case on the 23rd day of October, 1957, dismissing the appeal for the want of a sentence is withdrawn and the appeal reinstated.

The conviction is for the unlawful transportation of intoxicating liquor in a dry area; the punishment, a fine of $500.

The record is before us without a statement of facts or bills of exception. All proceedings appear to be regular and nothing is presented for review.

The judgment is affirmed.

Opinion approved by the Court.
II

Calendar No. 138

104TH CONGRESS

1ST SESSION S. 543

[Report No. 104–105]

To extend the deadline under the Federal Power Act applicable to the

construction of a hydroelectric project in Oregon, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 13 (legislative day, MARCH 6), 1995

Mr. HATFIELD introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

JULY 11 (legislative day, JULY 10), 1995

Reported by Mr. MURKOWSKI, without amendment

A BILL

To extend the deadline under the Federal Power Act applicable to the construction of a hydroelectric project in Oregon, 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,

3 SECTION 1. EXTENSION OF DEADLINE FOR BLUE RIVER

4 PROJECT.

5 (a) EXTENSION.—Notwithstanding the time period

6 specified in section 13 of the Federal Power Act (16
2

•S 543 RS

1 U.S.C. 806) that would otherwise apply to the Federal En2 ergy Regulatory Commission project numbered 3109, the

3 Commission shall, at the request of the licensee for the

4 project, extend the time for completion of the construction

5 of the project to the later of—

6 (1) October 31, 2002; or

7 (2) the date that is 1 year after the date on

8 which the Army Corps of Engineers completes con9 struction of water temperature control structures at

10 the Blue River Dam.

11 (b) REPORTS.—The licensee for the project described

12 in subsection (a) shall file with the Federal Energy Regu13 latory Commission, on October 31 of each year until con14 struction of the project is completed, a report on progress

15 toward completion of the project and of water temperature

16 control structures at the Blue River Dam.
Calendar No. 138

104TH CONGRESS

1ST SESSION S. 543

[Report No. 104–105]

A BILL

To extend the deadline under the Federal Power

poses.electric project in Oregon, and for other purAct applicable to the construction of a hydroJULY 11 (legislative day, JULY 10), 1995

Reported without amendment