alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 47.5, the Court has deter mined that this

opinion s h ould not be published and is not precedent except under the limited

circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________

No. 95-11054

(Summary Calendar)

_________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FRANCISCO PUGA,

Defendant-Appellant.

Appeal from the United States District Court

For the Northern District of Texas

(3:95-CR-131-T)

August 8, 1996

Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Francisco Puga appeals his sentence following his guilty plea

to conspiring and aiding and abetting the conspiracy to commit

interstate theft by carrier and breaking the seal of carrier. The

Government argues that Puga waived his right to appeal his sentence

on the ground raised. Because neither party submitted a transcript-2-

of the guilty plea hearing, this court will not address the

question of waiver and will address the merits. S ee United States

v. Portillo, 18 F.3d 290, 29 3 (5th Cir.), c ert. denied,

___ U.S.

___, 115 S. Ct. 244, 130 L. Ed. 2d. 166 (1994).

Puga argues that the district court erred in finding that his

prior state convictions were “unrelated” and that they therefore

counted separately under § 4A1.2 of the Sentencing Guidelines in

determining his criminal history score. Puga’s argument is without

merit, for he has only demonstrated that the convictions resulted

in concurrent sentences. He has failed to provide any proof that

the cases were consolidated, as he argues. S ee Un ited States v.

Fitzhugh, 984 F.2d 143, 147 (5th Cir.), cert. denied, 510 U.S. 895,

114 S. Ct. 259, 126 L. Ed. 2d 211 (1993) (stating that fact that

prior convictions resulted in concurrent sentences is not enough by

itself to establish that cases are “related” fo r purposes of

U.S.S.G. § 4A1.2 ); U nited States v. Castro-Perpia, 932 F.2d 364,

366 (5th Cir. 1991) (same).

For the foregoing reasons, we AFFIRM Puga’s sentence.
**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 QuarterlyReport of Heartland Payment Systems, Inc. (the “Company”) on Form 10-Q for the period ended September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Robert O. Carr, ChiefExecutive 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 ofthe Company. 

This certification is being provided pursuant to 18 U.S.C. Section 1350 and is not deemed to be“filed” for any purpose whatsoever. 

Date: November 9, 2009
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>        5

<S>                                               <C>
<PERIOD-TYPE>                                     6-MOS
<FISCAL-YEAR-END>                                 DEC-31-2000
<PERIOD-START>                                    JAN-01-2000
<PERIOD-END>                                      JUN-30-2000
<CASH>                                               1,286,362
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     1,286,362
<PP&E>                                               10,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       1,296,362
<CURRENT-LIABILITIES>                                10,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1,384,845
<OTHER-SE>                                           (98,483)
<TOTAL-LIABILITY-AND-EQUITY>                         1,296,362
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     95,354
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         (93,383)
<EPS-BASIC>                                        (.0071)
<EPS-DILUTED>                                        (.0071)


</TABLE>
Affirmed and Memorandum Opinion filed December 11, 2014.

In The

Fourteenth Court of Appeals

NO. 14-14-00240-CR

EX PARTE FORREST WAYNE

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 1419699

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

Appellant is charged with aggravated sexual assault of a child younger than 

fourteen years of age. After appellant was arrested, his bond was set at $500,000. 

Appellant filed a pre-trial writ of habeas corpus seeking a reduction of bond.

Following a hearing, the trial court reduced appellant’s pre-trial bond to $300,000. 

Appellant now appeals arguing that the trial court abused its discretion by setting 

bail at that amount.

The hearing record reflects two witnesses testified at the hearing, Joseph 

Mendez, an agent with Access Bail Bonds, and appellant’s mother. They both 

testified that appellant’s mother cannot post a bond higher than $30,000. 

Appellant’s mother also testified that appellant was arrested in Thailand, that 

appellant went to Thailand because “he was afraid of what was going to transpire,” 
2

and when he left she was concerned she would never see him again. There was no 

evidence about how much the ticket to Thailand cost or how appellant was able to 

pay for the ticket. The trial court determined that “Mr. Wayne is, in fact, a flight 

risk and did flee as a result of this situation . . .” Still, the trial court reduced 

appellant’s bond to $300,000.

There was no evidence presented regarding appellant’s finances. Although 

appellant suggests that his sworn Pre-trial Application for Writ of Habeas Corpus 

Seeking Bail Reduction states that he has “little, if any, access to money,” the trial 

court was entitled to conclude from the testimony that appellant had access to 

money. Appellant supplied no testimony that he is indigent, that he has made an 

attempt to secure a bond, or that he cannot afford a bond of $300,000. 

Before a complaint can be heard on appeal regarding the amount of bail, 

appellant must show he has made an effort to furnish bail in the set amount. Ex 

parte Holden, 774 S.W.2d 957 (Tex. App.—Houston [1st Dist.] 1989, no pet.). In 

the absence of some evidence that appellant has unsuccessfully attempted to secure 

a bond in the amount set by the court, no issue is presented for our review. Ex 

parte Williams, 467 S.W.2d 433, 434 (Tex. Crim. App. 1971). Appellant has failed 

to carry his burden of showing that his present bail is excessive. See Roy v. State, 

854 S.W.2d 931, 932 (Tex. App.—Houston [14th Dist.] 1993, pet. ref’d). 

Accordingly, we overrule appellant’s issue and affirm the judgment of the trial 

court.

PER CURIAM

Panel consists of Justices McCally, Brown and Wise.

Do Not Publish — Tex. R. App. P. 47.2(b).
NUMBER 13-09-00410-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

IN THE MATTER OF DOLORES ORTIZ AGUILAR

AND JOSE LUIS AGUILAR AND IN THE INTEREST

OF J.L.A., JR. AND A.A.A., CHILDREN

____________________________________________________________

On appeal from the 343rd District Court 

of Bee County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Benavides and Vela

Memorandum Opinion Per Curiam

Appellant, Jose Luis Aguilar, pro se perfected an appeal from a judgment entered 

by the 343rd District Court of Bee County, Texas, in cause number B-08-1001-CV-C. 

Appellant has filed a motion stating the trial court’s judgment constitutes no appealable 

issues. Appellant requests permission to withdraw his appeal. 

The Court construes appellant’s motion as a motion to dismiss the appeal. The 

Court, having considered the documents on file and appellant’s motion to dismiss the 
2

appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). 

Appellant=s motion to dismiss is granted, and the appeal is hereby DISMISSED. Costs 

will be taxed against appellant. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the 

parties, the court will tax costs against the appellant."). Having dismissed the appeal at 

appellant=s request, no motion for rehearing will be entertained, and our mandate will 

issue forthwith.

PER CURIAM

Delivered and filed the

27th day of May, 2010.
II

104TH CONGRESS

2D SESSION S. 1661

To specify that States may waive certain requirements relating to commercial

motor vehicle operators under chapter 313 of title 49, United States

Code, with respect to the operators of certain farm vehicles, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 29, 1996

Mr. PRESSLER (for himself, Mr. BURNS, Mr. INHOFE, Mr. DASCHLE, and Mr.

BAUCUS) introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

A BILL

To specify that States may waive certain requirements relating to commercial motor vehicle operators under chapter

313 of title 49, United States Code, with respect to

the operators of certain farm vehicles, 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. WAIVERS FOR CERTAIN FARM VEHICLES.

4 (a) DEFINITIONS.—As used in this section:

5 (1) CUSTOM HARVESTING FARM MACHINERY.—

6 The term ‘‘custom harvesting farm machinery’’ in7 cludes vehicles used for custom harvesting that—
2

•S 1661 IS

1 (A) are classified under subpart F of part

2 383, of title 49, Code of Federal Regulations,

3 as being included in Group A, B, or C (as those

4 terms are used in section 383.91 of that part);

5 and

6 (B) are used on a seasonal basis to provide

7 transportation of—

8 (i) agricultural commodities from field

9 to storage; and

10 (ii) harvesting machinery and equip11 ment from farm to farm.

12 (2) COMMERCIAL DRIVER’S LICENSE.—The

13 term ‘‘commercial driver’s license’’ has the meaning

14 provided that term in section 31301(3) of title 49,

15 United States Code.

16 (b) WAIVERS.—In addition to the authority granted

17 to States to waive the application of chapter 313 of title

18 49, United States Code, with respect to farm vehicles de19 scribed in 53 Fed. Reg. 37313–37316 and farm-related

20 service industries described in 57 Fed. Reg. 13650–13654,

21 each State that issues commercial driver’s licenses in ac22 cordance with chapter 313 of title 49, United States Code,

23 may waive the application of any requirement for obtain24 ing a commercial driver’s license for operators of custom
3

•S 1661 IS

1 harvesting farm machinery or employees of farm-related

2 service industries (or both) that would otherwise apply.

Æ
<PAGE>

                           INDEPENDENT AUDITORS' CONSENT
                                          

Board of Directors
Maxim Pharmaceuticals, Inc.

We consent to incorporation by reference in the registration statement (No. 
333-11375) on Form S-8, registration statement (No. 333-35669) on Form S-8, 
registration statement (No. 333-47695) on Form S-8, registration statement 
(No. 333-65011) on Form S-3, registration statement (No. 333-52403) on Form 
S-3, and registration statement (No. 333-4854-LA) on Form S-3 of Maxim 
Pharmaceuticals, Inc. of our report dated November 5, 1998, relating to the 
consolidated balance sheets of Maxim Pharmaceuticals, Inc. (a development 
stage company) of our report dated November 5, 1998, relating to the balance 
sheets of Maxim Pharmaceuticals, Inc. as of September 30, 1998 and 1997, and 
the related statements of operations, stockholders' equity, and cash flows 
for each of the years in the three-year period ended September 30, 1998, and 
from the period from inception (October 23, 1989) through September 30, 1998, 
which report appears in the September 30, 1998 annual report on Form 10-K of 
Maxim Pharmaceuticals, Inc.




/s/ KPMG PEAT MARWICK LLP

San Diego, California
December 28, 1998
1 

# Memo

To: Docket EPA-HQ-OAR-2010-0799 From: Joseph McDonald, U.S. EPA-OTAQ-ASD CC: Ed Nam, U.S. EPA-OTAQ-ASD Date: October 6, 2010 Re: SAE-AEI Article on Fiat Multiair System
A hard copy of the June, 209 SAE Automotive Engineer ing International article ent itled “Fiat Multiair” is available within EPA’s Docket Center. The article has been copyrighted and is not available within the electronic docket. Parties that wish to view a hard copy of this document can do so at the at the EPA Docket Center: Air and Radiation Docket and Information Center, EPA/DC, EPA We st, Room 3334, 1301 Constitution Ave., NW, Washington DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566- 1744, and the telephone number for the Air Docket is (202) 566-1742.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

April 1, 2013

s0325

Order 

April 1, 2013

146300

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 146300

COA: 305931

Wayne CC: 11-000764-FJ

DONTAY DANDRE BELL-COOK,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the October 11, 2012 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court.
**Exhibit 99.2**

 

**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 ofOn-Site Sourcing Inc. (the Company) on Form 10-K for the period ending December31, 2002 as filed with the Securities and Exchange Commission on the datehereof (the Report), I, Jason Parikh, Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complieswith the requirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

(2) The information containedin the Report fairly presents, in all material respects, the financialcondition and result of operations of the Company.

 

 
| /s/ Jason Parikh                                      |   |
|-------------------------------------------------------|--------|
|                                                  |
| Jason Parikh  Chief Financial Officer  March 21, 2003 |

 

----
**EXHIBIT 32.1**

 

**Co-Registrant(Commission File Number 000-30761):**

 

**UbiquiTelInc.**

**OneWest Elm Street**

**Suite400**

**Conshohocken,Pennsylvania 19428**

 

**Co-Registrant(Commission File Number 333-39950):**

 

**UbiquiTelOperating Company**

**OneWest Elm Street**

**Suite400**

**Conshohocken,Pennsylvania 19428**

 

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED**

**PURSUANTTO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

 

In connection with the Quarterly Report ofUbiquiTel Inc. and UbiquiTel Operating Company on Form 10-Q for the quarterlyperiod ended June 30, 2004 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Donald A. Harris, ChiefExecutive Officer of UbiquiTel Inc. and UbiquiTel Operating Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

(2) The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of UbiquiTel Inc.and UbiquiTel Operating Company.

 
|   | UBIQUITEL INC.                        |
|--------|---------------------------------------|
|   |                                  |
|   |                                  |
|   | */s/ Donald A. Harris*                |   |
|   | Donald A. Harris                      |
|   | President and Chief Executive Officer |
|   |                                  |
|   |                                  |
|   | UBIQUITEL OPERATING COMPANY           |
|   |                                  |
|   |                                  |
|   | */s/ Donald A. Harris*                |   |
|   | Donald A. Harris                      |
|   | President and Chief Executive Officer |
|   |                                  |
|   |                                  |
|   | August 6, 2004                        |

 

----
**Exhibit32.2**

 

STATEMENT OF CHIEF FINANCIALOFFICERPURSUANT TO SECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of2002, I, Thomas R. Moyes, certify that:

 

1.  The Quarterly Report on Form 10-QSB for thequarter ended March 31, 2004 (the “Report”) of MediCor Ltd. (the “Company”),fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

2.  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of MediCor.

 

Date: May 19, 2004

 
|   | /s/ Thomas R. Moyes     |   |
|--------|-------------------------|--------|
|   | Thomas R. Moyes         |
|   | Chief Financial Officer |

 

----
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 278 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 278

  To authorize a certificate of documentation for the vessel SERENITY.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 26 (legislative day, January 10), 1995

 Mr. Hollings introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To authorize a certificate of documentation for the vessel SERENITY.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That notwithstanding 
section 12106, 12107, and 12108 of title 46, United States Code, and 
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), as 
applicable on the date of enactment of this Act, the Secretary of 
Transportation may issue a certificate of documentation for the vessel 
SERENITY, United States official number 1021393.
                                 <all>
```
**EXHIBIT 32.1**

 

*CHIEF EXECUTIVE OFFICER CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350*

 

In connection with the Quarterly Report of MedicalCV, Inc. (the“Company”) on Form 10-QSB for the quarter ended July 31, 2004, as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Marc P. Flores, President and Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.                                       theReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

2.                                       theinformation 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 statement required bySection 906 has been provided to the Company and will be retained by theCompany and furnished to the Securities and Exchange Commission or its staffupon request.

 

 
| Dated: September 14, 2004 | By:                                   | /s/ Marc P. Flores |   |
|--------------------------------|---------------------------------------|--------------------|--------|
|                           | Marc P. Flores                        |
|                           | President and Chief Executive Officer |

 

1

----
**EXHIBIT 23**

Consent of Independent Registered Public Accounting Firm 

The Board of Directors

ICT Group, Inc.: 

We consentto the incorporation by reference in the registration statement on Form S-3 (No. 333-87912) and registration statements on Form S-8 (Nos. 333-32623, 333-56187, 333-55702, 333-97357 and 333-111531) of ICT Group, Inc. of our reports datedMarch 6, 2006, with respect to the consolidated balance sheets of ICT Group, Inc. and subsidiaries as of December 31, 2005 and 2004, and the related consolidated statements of operations, shareholders’ equity and cash flows for eachof the years in the three-year period ended December 31, 2005, and the related financial statement schedule, management’s assessment of the effectiveness of internal control over financial reporting as of December 31, 2005 and theeffectiveness of internal control over financial reporting as of December 31, 2005, which reports appear in the December 31, 2005 annual report on Form 10-K of ICT Group, Inc. 

KPMG LLP 

Philadelphia, Pennsylvania 

March 6, 2006
```

[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Notices]
[Page 20961]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9218]

=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

Sunshine Act Meeting Notice

TIME AND DATE: Wednesday, April 20, 2011; 10 a.m.--11 a.m.

PLACE: Room 410, Bethesda Towers, 4330 East West Highway, Bethesda, 
Maryland.

STATUS: Closed to the public.

Matter To Be Considered: 

Compliance Status Report

    The Commission staff will brief the Commission on the status of 
compliance matters.
    For a recorded message containing the latest agenda information, 
call (301) 504-7948.

CONTACT PERSON FOR MORE INFORMATION: Todd A. Stevenson, Office of the 
Secretary, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814, (301) 504-7923.

    Dated: April 12, 2011.
Todd A Stevenson,
Secretary.
[FR Doc. 2011-9218 Filed 4-12-11; 4:15 pm]
BILLING CODE 6355-01-P
```