alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jerry WATSON, Appellant, v. The STATE of Texas, Appellee.

No. 37613.

Court of Criminal Appeals of Texas.

Jan. 20, 1965.

Rehearing Denied March 3, 1965.

Gladden & Cook, Dan W. Lane, Fort Worth, for appellant.

Doug Crouch, Dist. Atty., Jack Beach, Asst. Dist. Atty., Fort Worth, and Leon B. Douglas, State’s Atty., Austin, for the State.

McDONALD, Presiding Judge.

The offense is aggravated assault; the punishment, one year in jail.

The state’s testimony reflects that appellant was employed as a “press hand” at the Oil States Rubber Company at Arlington, Texas. His immediate supervisor was John W. Ritchie. On January 24, 1964, Ritchie explained to appellant that some of his production was not good. Appellant replied that he didn’t have time, and that he did not care. Ritchie then told appellant that if he had lost interest in his work that he would have to take further steps in the matter, to which appellant retorted, “Well then just go ahead and fire me. Just go ahead and fire me.” After discussing the appellant’s attitude with his supervisor, Mr. J. R. Long, and the plant supervisor, Mr. Jerry Matthews, Ritchie returned to the press where appellant was working. Upon being told that he woud be let go appellant asked, “Do you mean I’m fired?” Ritchie replied, “Yes, that’s right.” Appellant then *804reached across the table where he was working and picked up an iron bar, stepped back and hit Ritchie on the chin with it, fracturing his jaw in two places and knocking out four teeth. Ritchie missed two weeks work as a result of these injuries. Shortly after hitting Ritchie, appellant threw his work gloves into Mr. J. R. Long’s face and was heard to exclaim, “I have been waiting for this chance a long time.” To another inquiry as to what had occurred, he replied, ‘T knocked the hell out of him with a tire tool”.

Appellant offered no testimony nor did he testify in his own behalf. He urges two contentions as error. Both are objections to the court’s charge. Appellant complains of the court’s failure to grant his requested charge defining “premeditated design”. There were no written objections to the court’s charge. Such question is not properly before this Court for review because no formal bill presents the matter and appellant failed to except to the action of the court in 'refusing the tendered charge. Smith v. State, 166 Tex.Cr.R. 294, 313 S. W.2d 291.

We do, however, observe that the court defined “premeditated” in an acceptable manner in his charge even though this was unnecessary under the holding of this Court in Mitchell v. State, Tex.Cr.App., 365 S.W. 2d 804.

 Also, though not properly before us for review, we observe that the court did not err in failing to charge on simple assault. In Jones v. State, 170 Tex.Cr.R. 581, 342 S.W.2d 585, we held that there was no necessity for the court to charge on simple assault unless there was some doubt that the greater offense had been committed. We have concluded that the facts before us here would not require a charge on simple assault.

Finding the facts sufficient to support the conviction and no reversible error, the judgment is affirmed.
1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas. _____________

No. 96-2220

_____________ Joe Brasfield, Sr., * * Appellant, * * v. * * State of Arkansas; Don Smith, * Sheriff; Edgar Stain, Deputy; * Larry Allen, Deputy; Steve * Young, Deputy; Gibbs Ferguson; * Appeal from the United States Arkansas State Plant Board; * District Court for the Gerald King, Director of * Eastern District of Arkansas. the State Plant Board; Charles * Armstrong; Windy Spakes; Dan * [UNPUBLISHED] Wicker; David Stubbs; * E. N. Hill; Chip Hill; Bullocks * Flying Service, also known * as Southern Air; Blake * Haynes; Isaiah Jackson; * Rosemary Jackson; Joe James; * Eddie Lee Phillips, * * Appellees. *

____________ Submitted: December 6, 1996 Filed: December 17, 1996

____________ Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.

_____________ PER CURIAM. Joe Brasfield, Sr., appeals the district court's 1 dismissal of his suit filed under 42 U.S.C. § 1983 and the Clean Air Act, 42U.S.C. §§ 7402-7671q, for failure to state a claim. We have reviewed the district court record, the parties' briefs, and the additional pleadings filed by Brasfield, and conclude that the district court's judgment is correct, as Brasfield's allegations are insufficient as a matter of law to provide relief. See 8th Cir. R. 47B. Accordingly, we affirm the judgment of the district court.
A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EXHIBIT 99



On July 24, 2003, the Chief Executive Officer and Chief Financial Officer of Exult, Inc. (the Company) provided
a written statement accompanying the Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2003 pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. A copy of that written statement is set forth below as Exhibit 99. The
information in Exhibit 99 shall not be deemed filed under the Securities Exchange Act of 1934 or otherwise subject to liabilities thereunder. Furthermore, the information in Exhibit 99 shall not be deemed to be incorporated by reference
into the filings of the Company under the Securities Act of 1933.



Statement
of the Chief Executive Officer and Chief Financial Officer of Exult, Inc. pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



This statement, dated July 24, 2003, is provided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350,
Chapter 63 of Title 18, United States Code), and accompanies the Quarterly Report on Form 10-Q filed by Exult, Inc. (the Issuer) with the Securities and Exchange Commission for the quarter ended June 30, 2003 (the Report).



We hereby certify that, to our knowledge, (a) the Report fully
complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, and (b) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Issuer.



This statement is given in our capacities as Chief Executive
Officer and Chief Financial Officer, respectively, of Exult, Inc.



/s/    JAMES C. MADDEN, VJames C. Madden, V Chief Executive Officer




/s/    JOHN A. ADAMSJohn A. Adams Chief Financial Officer
* 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

FOR THE FIFTH CIRCUIT

____________________

No. 97-10088

Summary Calendar

____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

NELSON JAVIER NEVAREZ,

Defendant-Appellant.

Appeal from the United States District Court

for the Northern District of Texas

(4:95-CR-152-Y)

October 2, 1997

Before SMITH, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Nelson Javier Nevarez appeals his conviction and sentence for

possession with intent to distribute more than one kilogram of

heroin, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A). He

contends that the district court erred (1) in admitting evidence of

extraneous offenses; (2) in admitting the testimony of Fort Worth

Police Supervisor H.G. Tebay; (3) in increasing his offense level
for obstruction of justice; and (4) in finding that he was

accountable for 2,761 grams of heroin seized in a prior incident.

We find no error, plain or otherwise. United States v. Olano,

507 U.S. 725, 731-37 (1993). The district court did not err in

admitting evidence of extraneous offenses, see United States v.

Beechum, 582 F.2d 898, 911 (5th Cir. 1978) (en banc), cert. denied,

440 U.S. 290 (1979); in admitting Tebay’s testimony, United States

v. Moore, 997 F.2d 55, 57 (5th Cir. 1993); or in its obstruction of

justice and drug quantity rulings in sentencing Nevarez, United

States v. Montano-Silva, 15 F.3d 52, 53 (5th Cir. 1994); United

States v. Stewart, 879 F.2d 1268, 1272 (5th Cir.), cert. denied,

493 U.S. 899 (1989).

AFFIRMED
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Communications Commission

          - 47 CFR Part 15
          - [ET Docket No. 18-295, GN Docket No. 17-183; FCC 23-86; FR ID 200645]

# AGENCY:

Federal Communications Commission.

# ACTION:

Final rule; correction.

# SUMMARY:

                        The Federal Communications Commission is correcting a final rule that appeared in the                         **Federal Register**                         on January 8, 2024. The document issued a final rule permitting very low power (VLP) devices in the U-NII-5 (5.925-6.425 MHz) and U-NII-7 (6.525-6.875 MHz) portions of the 6 GHz band. This document corrects an error in one section of the final rule.                    

# DATES:

Effective March 8, 2024.

# FOR FURTHER INFORMATION CONTACT:

                        Nicholas Oros, Office of Engineering and Technology, at (202) 418-0636,                         *Nicholas.Oros@fcc.gov*.                    

# SUPPLEMENTARY INFORMATION:

                    In FR Doc. 2023-28006, appearing on page 874 in the                     **Federal Register**                     of Monday, January 8, 2024, make the following correction.                

On page 891, in the first column, in § 15.407, paragraph (d)(6) is corrected to read as follows:

§ 15.407

* * * * *

(d) * * *

(6) All U-NII transmitters, except for standard power access points and fixed client devices, operating in the 5.925-7.125 GHz band must employ a contention-based protocol.

* * * * *

Federal Communications Commission.

Marlene Dortch,

Secretary, Office of the Secretary.

[FR Doc. 2024-02390 Filed 2-5-24; 8:45 am]

BILLING CODE 6712-01-P
Exhibit 10.118



Amended Schedule of U.S. Bank (formerly Firstar Bank) Mortgages and Deeds of Trust Which are Substantially in the Form of Mortgage/Deed of Trust Attached as Exhibit 10.5 to the Registrant's Form 10-Q for the Period Ending 9/30/00





|   | PROPERTY                                        | DATE OF MORTGAGE
|-- | ----------------------------------------------- | ----------------
|1. | Apple Valley, San Bernardino County, California | August 31,2000  
|2. | Centerville, Houston County, Georgia            | August 31, 2000 
|3. | Cordova, Shelby County, Tennessee               | August 31, 2000 
|4. | Greenville, Pitt County, North Carolina         | August 31, 2000 
|5. | Novato, Marin County, California                | August 31, 2000 
|6. | Greenwood, Johnson County, Indiana              | August 31, 2000 
|7. | Murfreesboro, Rutherford County, Tennessee      | August 31, 2000 
|8. | Danville, Pittsylvania County, Virginia         | August 31, 2000
##### 



Exhibit 99.1

CERTIFICATION PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the filing of the Annual
Report on Form 10-K for the year ended December 31,
2002 (the Report) by Xybernaut Corporation, a
Delaware corporation (the Registrant), each of the
undersigned, to his knowledge, hereby certifies that:

1. The Report fully complies with the
requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended; and

2. The information contained in the Report
fairly presents, in all material respects, the financial
condition and results of operations of the Registrant.



| |                      
| | ---------------------
| | XYBERNAUT CORPORATION



| |     |                     
| | --- | --------------------
| | By: | /s/ EDWARD G. NEWMAN

| |                                       
| | --------------------------------------
| |                                       
| | Edward G. Newman                      
| | President, Chief Executive Officer and
| | Chairman of the Board of Directors    



| |     |                    
| | --- | -------------------
| | By: | /s/ THOMAS D. DAVIS

| |                                                  
| | -------------------------------------------------
| |                                                  
| | By: Thomas D. Davis                              
| | Senior Vice President and Chief Financial Officer

A signed original of this written statement
required by Section 906 has been provided to Xybernaut
Corporation and will be retained by Xybernaut Corporation and
furnished to the Securities and Exchange Commission or its staff
upon request.
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTEDPURSUANT TO
906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of Curis, Inc. (the
Company) for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Daniel R. Passeri, President and Chief Executive Officer of the Company,
hereby certifies, pursuant to 18 U.S.C. Section 1350, 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.

Dated: April 28, 2011



/s/    DANIEL R. PASSERIDaniel R. Passeri President
and Chief Executive Officer (Principal Executive Officer)




47
### Contacts. With whom outside the FAA hasthis proposal been discussed? Organization Person Contacted Date Response National Business Aircraft Association EliCotti 1/4/10

- Regional Airline Association Dave Lonerer 1/4/10 

## - Aircraft Owners &Pilots Association Robert Hackman 1/4/10
- 

## - ATA Craig Fabian 1/4/tO 

## - ATA MLopez 1/4/10 

## - 09129/06
Exhibit 32.2       Commodore Applied Technologies, Inc. & Subsidiaries Certification Of Chief Financial Officer Pursuant To 18 U.S.C. Section 1350, As Adopted Pursuant To Section 906 of The Sarbanes-Oxley Act of 2002  In connection with the annual report of Commodore Applied Technologies, Inc. (the Company) on form 10-KSB for the year ended December 31, 2007, Ted R. Sharp 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 annual 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 annual report fairly presents, in all material respects, the financial condition and result of operations of the Company.  Date: April 15, 2008  /s/ Ted R. Sharp Ted R. Sharp Chief Financial Officer
<Page>

32.1       Certification of the Chief Executive Officer and Chief Financial
           Officer of Apogee Robotics, Inc. pursuant to Section 906 of the
           Sarbanes Oxley Act of 2002

                            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 on Form 10-KSB of Apogee Robotics, Inc.
(the "Company") for the year ended June 30, 1997 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), the undersigned
Michael Anthony, Chief Executive Officer and Chief Financial Officer of Apogee
Robotics, Inc., 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.

Dated: August 28, 2007

                                                    /s/ Michael Anthony
                                                    ----------------------
                                                    Michael Anthony
                                                    Chief Executive Officer


                                                    /s/ Michael Anthony
                                                    ----------------------
                                                    Michael Anthony
                                                    Chief Financial Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Clinical Trial Implementation Cooperative Agreement (U01 Clinical Trial Required); Investigator Initiated Extended Clinical Trial (R01 Clinical Trial Required).                    

*Date:*                         March 6, 2024.                    

*Time:*                         10:00 a.m. to 1:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Virtual Meeting).                    

*Contact Person:*                         Soheyla Saadi, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, MSC-9823, Rockville, MD 20892, (240) 669-5178,                         *saadisoh@niaid.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: February 1, 2024.

Lauren A. Fleck,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2024-02348 Filed 2-5-24; 8:45 am]

BILLING CODE 4140-01-P
Exhibit
      32.2





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 Quarterly Report of iCurie, Inc. (the “Company”) on
      Form 10-QSB for the period ending June 30, 2006 as filed with the
      Securities and
      Exchange Commission on the date hereof (the “Report”), I, Michael Karpheden,
      Chief Financial Officer of the Company, certify pursuant to 18 U.S.C. § 1350, as
      adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of
      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 result of operations of the
                Company.







/s/
      Michael Karpheden





Michael
      Karpheden


Chief
      Financial Officer


August
      2,
      2006
*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

FOR THE FIFTH CIRCUIT

_____________________

No. 01-11195

_____________________

NANCY PRICE,

Plaintiff-Appellant,

versus

THE CITY OF TERRELL, TEXAS; JOHN ROUNSAVALL,

Defendants-Appellees.

Appeal from the United States District Court

for the Northern District of Texas

(3:99-CV-269-D)

May 13, 2002

Before DAVIS, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

AFFIRMED. See 5TH CIR. R. 47.6.
Filed 12/19/13 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2013 ND 232

State of North Dakota, Plaintiff and Appellee

v.

Andrew Fee, Defendant and Appellant

No. 20130175

State of North Dakota, Plaintiff and Appellee

v.

Michael Fee, Defendant and Appellant

No. 20130177

Appeal from the District Court of McLean County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.

AFFIRMED.

Per Curiam.

Ladd Erickson, State’s Attorney, P.O. Box 1108, Washburn, ND 58577-1108, for plaintiff and appellee; submitted on brief.

Andrew Fee, self-represented, 2521 Circle Drive, Jamestown, ND 58401, defendant and appellant; submitted on brief.

Michael Fee, self-represented, 2521 Circle Drive, Jamestown, ND 58401, defendant and appellant; submitted on brief.

State v. Fee

Nos. 20130175 & 20130177

Per Curiam.

[¶1]In consolidated appeals, brothers Andrew and Michael Fee appealed from a district court judgment forfeiting $4,349 in currency, a Desert Eagle handgun, and other miscellaneous property seized by law enforcement.  The Fee brothers argue the court erroneously found reasonable grounds existed that the property was connected with criminal activity.  “A trial court’s decision on whether an item of property is forfeitable is a finding of fact that will not be overturned unless it is clearly erroneous.”  State v. Bergstrom, 2006 ND 45, ¶ 10, 710 N.W.2d 407.  We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶2]Gerald W. VandeWalle, C.J.

Carol Ronning Kapsner

Mary Muehlen Maring

Daniel J. Crothers

Dale V. Sandstrom