alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-END>                               JAN-31-1998
<CASH>                                          58,631
<SECURITIES>                                         0
<RECEIVABLES>                                   33,640
<ALLOWANCES>                                         0
<INVENTORY>                                     22,440
<CURRENT-ASSETS>                               142,863
<PP&E>                                       3,091,053
<DEPRECIATION>                                 624,205
<TOTAL-ASSETS>                               3,263,548
<CURRENT-LIABILITIES>                          166,958
<BONDS>                                      1,788,818
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,893
<OTHER-SE>                                   1,121,856
<TOTAL-LIABILITY-AND-EQUITY>                 3,263,548
<SALES>                                      1,354,487
<TOTAL-REVENUES>                             1,354,487
<CGS>                                                0
<TOTAL-COSTS>                                1,083,435
<OTHER-EXPENSES>                                34,552
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              88,578
<INCOME-PRETAX>                                147,922
<INCOME-TAX>                                    58,014
<INCOME-CONTINUING>                             89,908
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    89,908
<EPS-PRIMARY>                                      .95
<EPS-DILUTED>                                      .94
        

</TABLE>
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 01-50180 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE LUIS DELARA-VELASCO, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-98-CR-375-1-DB

-------------------- August 23, 2001 Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.

PER CURIAM: * Jose Luis Delara-Velasco argues that the indictment charging him with conspiracy to possess with intent to distribute marijuana was fatally defective because it did not allege a specific drug quantity that was involved in the offense. He also argues that the maximum statutory penalty that could be imposed was a term of imprisonment of one year under 21 U.S.C. § 841(b)(4) because his offense involved a small amount of marijuana.No. 01-50180 -2- Delara stipulated in the plea agreement and swore under oath at his rearraignment hearing that his offense involved 32.2 kilograms of marijuana. Because the stipulated amount of marijuana involved in the offense was not a small amount, Delara was not entitled to be sentenced to a term of imprisonment of one year under 21 U.S.C. § 841(b)(4). See United States v. SalazarFlores , 238 F.3d 672, 673 (5th Cir. 2001). "[A] fact used in sentencing that does not increase a penalty beyond the statutory maximum need not be alleged in the indictment and proved to a jury beyond a reasonable doubt." United States v. Keith , 230 F.3d 784, 787 (5th Cir. 2000), cert. denied , 121 S. Ct. 1163 (2001). The statutory maximum penalty for drug offenses involving less than 50 kilograms of marijuana is five years pursuant to 21 U.S.C. § 841(b)(1)(D). See United States v. Garcia , 242 F.3d 593, 599 (5th Cir. 2001). Delara’s sentence of 30 months imprisonment was below the five-year statutory maximum. Because it was unnecessary to charge a quantity of drugs in Delara’s indictment, his indictment was sufficient. Insofar as Delara is challenging his sentence, the record reflects that he entered a knowing and voluntary waiver of his right to appeal his sentence in his plea agreement. See United States v. Robinson , 187 F.3d 516, 517-18 (5th Cir. 1999). Thus, review of any sentencing issues is precluded. Delara’s conviction and sentence are AFFIRMED.
<PAGE>

EXHIBIT 23.1 INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement No.
333-92014 of Langer, Inc. on Form S-3, Registration Statements 333-94769 and
333-110962 on Form S-8 and Registration Statement No. 333-94769 on Form S-8/A of
our report dated March 29, 2004, appearing in this Annual Report on Form 10-K of
Langer, Inc. for the year ended December 31, 2003.

/s/ Deloitte & Touche LLP
-------------------------
Jericho, New York
March 29, 2004
S. 464

One Hundred Fourth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the fourth day of January, one thousand nine hundred and ninety-five

An Act

To make the reporting deadlines for studies conducted in Federal court demonstration districts consistent with the deadlines for pilot districts, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. EXTENSION OF CIVIL JUSTICE EXPENSE AND DELAY

REDUCTION DEMONSTRATION PROGRAMS.

Section 104 of the Civil Justice Reform Act of 1990 (28 U.S.C.

471 note) is amended—

(1) in subsection (a)(1) by striking ‘‘4-year period’’ and

inserting ‘‘5-year period’’; and (2) in subsection (d) by striking ‘‘December 31, 1995,’’ and

inserting ‘‘December 31, 1996,’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
Dismissed and Memorandum Opinion filed September 9 , 2014.

In The 

## Fourteenth Court of Appeals

NO. 14

- 14

- 00692

- CR

LESLIE KING , Appellant

V.
THE STATE OF TEXAS , Appellee

On Appeal from the 248th District Court

Harris County, Texas Trial Court Cause No. 0946675

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

After a jury trial, appellant was convicted of the offense of aggravated robbery and sentenced to thirty years in prison on December 4, 2003

. This court affirmed appellant’s conviction in an opinion issued February 8, 2005. See King v.
State , 157 S.W.3d 873 (Tex. App.

— Houston [14th Dist.] 2005, pet. ref’d). Appellant filed a subsequent pro se notice of appeal from the same conviction on August 1 5, 2014

.2

A defendant’s notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a motion for new trial. See Tex. R. App. P. 26.2(a)(1). A notice of appeal which complies with the requirements of
Rule 26 i s essential to vest the court of appeals with jurisdiction. Slaton v. State
, 981 S.W.2d 20 8, 210 (Tex. Crim. App. 1998). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal.
Under those circumstances it can take no action other than to dismiss the appeal.
Id.
Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices McCally, Brown, and Wise

. Do Not Publish

— Tex. R. App. P. 47.2(b).
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Chester Arther Hall Jr.

, * From the 441st District Court

of Midland County,

Trial Court No. CR4 9744

.

Vs. No. 11

- 1 9

- 00 40 1

- CR * September 3 , 20 20

The State of Texas

, * Memorand um Opinion by Bailey , C.J.
(P anel consists of: Bailey , C.J.,

Stretcher , J. , and Wright, S.C.J.,

sitting by assignment )

( Willson , J., not participating)

This court has inspected the record in this cause and concludes that there is

error in the judgment below. Therefore, in accordance with this court ’ s opi nion,

we modify the judgment of the trial court

, the order to withdraw fund s , and the bill

of cost to delete the assessment of the $500 fine and the imposition of court

appointed attorney’s fees in the amount of $1,800 . As modified, we affirm the

judgment of the trial court.
Exhibit 23.3

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in the Registration Statements on Form S-3 (File Nos. 333-60975 and
333-106616) and Form S-8 (File Nos. 2-91950, 2-93578, 33-18278, 33-29014, 33-39215, 33-56420,
33-53303, 333-51073, 333-93803, 333-93805, 333-47268, and 333-102321) of Mandalay Resort Group of our report dated
March 12, 2004, relating to the financial statements of Victoria Partners as of and for the year ended December 31, 2003 appearing in this Annual Report on Form 10-K
of Mandalay Resort Group for the year ended January 31, 2004.

DELOITTE &
TOUCHE LLP

Las
Vegas, Nevada
April 13, 2004

---

QuickLinks
EXHIBIT 32.01

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER  PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF  THE SARBANES-OXLEY ACT OF 2002

I, Robert L. Howard-Anderson, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that the Quarterly Report of Occam Networks, Inc. on Form 10-Q for the fiscal quarter ended June 30, 2007 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition
and results of operations of Occam Networks, Inc.

|Date: October 16, 2007 |  | By:    |  | /s/ROBERT L. HOWARD-ANDERSON         
|---------------------- |  | ------ |  | -------------------------------------
|                       |  | Name:  |  | Robert L. Howard-Anderson            
|                       |  | Title: |  | President and Chief Executive Officer

I,
Christopher B. Farrell, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of
Occam Networks, Inc. on Form 10-Q for the fiscal quarter ended June 30, 2007 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange
Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Occam
Networks, Inc.

|Date: October 16, 2007 |  | By:    |  | /s/CHRISTOPHER B. FARRELL
|---------------------- |  | ------ |  | -------------------------
|                       |  | Name:  |  | Christopher B. Farrell   
|                       |  | Title: |  | Chief Financial Officer  

A
signed original of this written statement required by Section 906 has been provided to Occam Networks, Inc. and will be retained by Occam Networks, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.

---



QuickLinks
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS AMENDED AND RESTATED SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM THE FINANCIAL STATEMENTS OF APPLIED ANALYTICAL INDUSTRIES, INC.
RESTATED TO REFLECT THE ADOPTION IN 1997 OF STATEMENTS OF FINANCIAL ACCOUNTING
STANDARDS ("SFAS") NO. 128, "EARNINGS PER COMMON SHARE". THIS RESTATED SCHEDULE
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               MAR-31-1996
<CASH>                                          10,178
<SECURITIES>                                         0
<RECEIVABLES>                                    7,762
<ALLOWANCES>                                        73
<INVENTORY>                                          0
<CURRENT-ASSETS>                                24,209
<PP&E>                                          21,229
<DEPRECIATION>                                   9,665
<TOTAL-ASSETS>                                  38,148
<CURRENT-LIABILITIES>                           10,530
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           811
<OTHER-SE>                                      21,835
<TOTAL-LIABILITY-AND-EQUITY>                    38,148
<SALES>                                          9,925
<TOTAL-REVENUES>                                 9,925
<CGS>                                            4,118
<TOTAL-COSTS>                                    4,118
<OTHER-EXPENSES>                                 4,521
<LOSS-PROVISION>                                     3
<INTEREST-EXPENSE>                                 174
<INCOME-PRETAX>                                  1,109
<INCOME-TAX>                                       454
<INCOME-CONTINUING>                                655
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       655
<EPS-PRIMARY>                                     0.06
<EPS-DILUTED>                                     0.05


</TABLE>
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

**SECTION 1350, CHAPTER 63 OF TITLE 18,UNITED STATES CODE,**

**AS ADOPTED PURSUANT TO**

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

Pursuant toSection 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as chief executive officer of SMTC Corporation (the “Company”), does hereby certifythat to the undersigned’s knowledge: 

1) the Company’s quarterly report on Form 10-Q for thequarter ended April 3, 2011 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 Company’s quarterly report on Form 10-Q for the quarter ended April 3, 2011 fairly presents, in all material respects, the financial condition andresults of operations of the Company. 

 

Date: May 6, 2011 

Asigned original of this written statement required by Section 906 has been provided to SMTC Corporation and will be retained by SMTC Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET OF EXECUTONE INFORMATION SYSTEMS, INC. AND
SUBSIDIARIES AS OF DECEMBER 31, 1998 AND THE RELATED CONSOLIDATED STATEMENT OF
OPERATIONS FOR THE YEAR ENDED DECEMBER 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                                          <C>
<PERIOD-TYPE>                                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           1,482
<SECURITIES>                                         0
<RECEIVABLES>                                   27,251
<ALLOWANCES>                                     1,720
<INVENTORY>                                     24,753
<CURRENT-ASSETS>                                56,732
<PP&E>                                          23,034
<DEPRECIATION>                                  12,430
<TOTAL-ASSETS>                                 110,305
<CURRENT-LIABILITIES>                           40,403
<BONDS>                                         23,693
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      7,300
<COMMON>                                           498
<OTHER-SE>                                      35,966
<TOTAL-LIABILITY-AND-EQUITY>                   110,305
<SALES>                                        133,498
<TOTAL-REVENUES>                               133,498
<CGS>                                           91,777
<TOTAL-COSTS>                                   91,777
<OTHER-EXPENSES>                                86,001
<LOSS-PROVISION>                                 1,227
<INTEREST-EXPENSE>                               2,393
<INCOME-PRETAX>                                (41,091)
<INCOME-TAX>                                    (4,232)
<INCOME-CONTINUING>                           (36,859)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (36,859)
<EPS-PRIMARY>                                    (0.74)
<EPS-DILUTED>                                    (0.74)
        



<PAGE>
#### Mrs. Jessie MARSHALL, Appellant, v. J. K. BRANN, Appellee.

Court of Appeals of Kentucky.

Sept. 28, 1956.

Rehearing Denied Dec. 14, 1956.

*575Jennings Kearby, Fulton, Roberts & Par-ham, Mayfield, for appellant.

James H. Warren, Fulton, for appellee.

PER CURIAM.

Appellant, Mrs. Jessie Marshall, has moved this court to grant her an appeal from an order of the Hickman Circuit Court dismissing her petition for damages against J. K. Brann, a tenant on her land, whom she alleges wrongfully planted and harvested a corn crop on the land in 1950. The suit, filed in September, 1952, and practiced under the Civil Code of Practice, is in tort for trespass. The suit is premised on the allegation of Mrs. Marshall that the year to year tenancy agreement which had existed between her and Brann from 1939 until 1950 was rescinded by them by mutual agreement as evidenced by correspondence during February, 1950, and that Brann’s planting and harvesting of a crop, after the rescission had been effected, amounted to a trespass.

The correspondence relied on as effecting the rescission ,was incorporated by reference into appellant’s complaint. The trial judge concluded that the correspondence did not show a rescission of the tenancy, and that appellee was not a trespasser since, under KRS 383.160(1), he was entitled to hold over for another year because he retained possession for more than ninety days' after the day of expiration of the prior year’s tenancy.

The correspondence incorporated by reference into the complaint is the basis of the allegation of a rescission of the tenancy. The correspondence is vague and even contradictory of the allegation of rescission.

The motion for appeal is overruled and the judgment is 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


In connection with the Quarterly report of TRANSAMERICAN  HOLDINGS, INC. on Form
10-QSB for the period  ended  March 31,  2004 as filed with the  Securities  and
Exchange Commission on the date hereof (the "Report"),  the undersigned,  in the
capacity and on the date indicated below, 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) 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 operation of the Company.





DATE: May 25, 2004           /s/ NAJIB CHOUFANI
                             _______________________
                                 Najib Choufani
                                 Chairman, CEO & CFO
June 30, 2007

John W. Henry & Company, Inc.
301 Yamato Road, Suite 2200
Boca Raton, Fl. 33431-4931

Attn: Mr. Ken Webster

Re:    Management Agreement Renewals

Dear Mr. Webster:

We are writing with respect to your management agreements concerning the commodity pools to which reference is made below (the ‘‘Management Agreements’’). We are extending the term of the Management Agreements through June 30, 2008 and all other provisions of the Management Agreements will remain unchanged.

| |   |                               
| | - | ------------------------------
| | • | Shearson Mid-West Futures Fund

| |   |                                                  
| | - | -------------------------------------------------
| | • | Shearson Lehman Select Advisors Futures Fund L.P.

| |   |                                           
| | - | ------------------------------------------
| | • | Smith Barney Mid-West Futures Fund L.P. II

| |   |                                        
| | - | ---------------------------------------
| | • | Smith Barney Westport Futures Fund L.P.

| |   |                                                 
| | - | ------------------------------------------------
| | • | Hutton Investors Futures Fund, L.P. II (HIFF II)

| |   |           
| | - | ----------
| | • | AURORA III

| |   |                                                        
| | - | -------------------------------------------------------
| | • | Salomon Smith Barney Diversified 2000 Futures Fund L.P.

| |   |                        
| | - | -----------------------
| | • | Citibank NA (Alera 100)

| |   |                                         
| | - | ----------------------------------------
| | • | JWH Strategic Allocation Master Fund LLC

| |   |                                   
| | - | ----------------------------------
| | • | Citigroup Diversified Futures Fund

| |   |                                         
| | - | ----------------------------------------
| | • | CMF Institutional Futures Portfolio L.P.

---



Page 2

June 30, 2007

Please acknowledge receipt of this modification by signing one copy of this letter and returning it to the attention of Ms. Jennifer Magro at the address above or fax to 212-793-1986. If you have any questions I can be reached at 212-559-5046.

Very truly yours,

CITIGROUP MANAGED FUTURES LLC

By:


/s/ Jennifer MagroJennifer Magro
Chief Financial Officer & Director


JOHN W. HENRY & COMPANY, INC.By:


/s/ Ken WebsterPrint Name:


Ken Webster


JM/sr

---
**Exhibit32.1**

 

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICERAND FINANCIAL OFFICERUNDER SECURITIES AND EXCHANGE ACT RULES 13a-14 AND 15d-14

 

 

In connection with the Quarterly Report of TBX Resources, Inc. (the“Company”) on Form 10-QSB for the period ending February 29, 2004, as filedwith the Securities and Exchange commission on the date hereof (the “Report”),I, Tim Burroughs, Chief Executive and Financial Officer of the Company,certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906of 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 Act of 1934 (15 U.S.C.78m or 780(d); and

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

 

Datedthis 15th day of April 2004.

 
| By:  /s/ Tim Burroughs           |   |
|---------------------------------------|--------|
|                                  |
| Chief Executive and Financial Officer |

 

1

----