alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 1**  **5 -**  **7789**

LIONELL ELIJAH EPHRAIM, a/k/a Lionel E. Williams , Petitioner

- Appellant ,

v.
KAREN F. HOGSTEN, Warden , Respondent

- Appellee

.

Appeal from the United States District Court for the Southern District of West Virginia , at Bluefield

. David A. Faber , Senior District Judge. ( 1:12

- cv
- 0 4701 )

Submitted : April 19, 2016 Decided: April 28, 2016

Before NIEMEYER and GREGORY , Circuit Judges , and HAMILTON, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.

Lionell Elijah Ephraim, Appellant Pro Se. Stephen Michael Horn, Assistant United States Attorney, Meredith George Thomas, OFFICE OF THE UNITED STATES ATTORNEY, C harleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Lionel l Elijah Ephraim appeals the district court ’ s order and judgment adopting the magistrate judge’s report and

recommendation and den ying his 28 U.S.C. § 2241 (2012) petition.

We have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district

court. Ephraim v. Hogsten , No. 1:12

- cv
- 04701 (S.D. W. Va. Oct.
27, 2015). We dispense wit h oral argument because the facts and legal contentions are adequately presented in the materials

before th is court and argument would not aid the decisional

process.

AFFIRMED
Exhibit 32.1

Chief Executive and Financial Officer Certification (Section 906)

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

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. Section 1350 (as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002), We, the undersigned Chief Executive and Financial
Officer of EATware Corporation, (the "Company"), hereby certify that, to the
best of our knowledge, the Quarterly Report on Form 10-QSB of the Company for
the period ended March 31, 2006 (the "Report") fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that information contained in the Report fairly presents, in all material
respects, the financial condition and results of operation of the Company. A
signed original of this written statement required by Section 906 has been
provided to the registrant and will be retained by it and furnished to the
Securities and Exchange Commission or its staff upon request.

Dated May 2, 2006


                                    By: /s/ Ricky Chiu
                                       -----------------------
                                       Ricky Chiu
                                       President (Chief Executive Officer)

                                    By: /s/ Eddie Chou
                                       -----------------------
                                       Eddie Chou
                                       Treasurer (Chief Financial Officer)
```

                                                    EXHIBIT 32

                                            SECTION 1350 CERTIFICATIONS

         In connection with the Annual Report of Security Capital Corporation (the "Company") on Form 10-K for
the period ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Frank West, Chief Executive Officer of the Company, certify, to the best of my knowledge and belief,
pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes Oxley Act of 2002, that:

         A.       The Report fully complies with the requirements of Section 13(a) or 15(d) 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 Company.

Date:    March 30, 2005

                                                              /s/ Frank West
                                                              ---------------------------------
                                                              Frank West
                                                              Chief Executive Officer

         In connection with the Annual Report of Security Capital Corporation (the "Company") on Form 10-K for
the period ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Connie Hawkins, Chief Financial Officer of the Company, certify, to the best of my knowledge and
belief, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes Oxley Act of 2002, that:

         C.       The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities
                  Exchange Act of 1934; and

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

Date:    March 30, 2005

                                                              /s/ Connie Hawkins
                                                              ---------------------------------
                                                              Connie Hawkins
                                                              Chief Financial Officer
```
##### 



EXHIBIT 99.4

WRITTEN STATEMENT
PURSUANT TO
18 U.S.C. SECTION 1350

The undersigned, Thomas S. Liston, the Chief Financial Officer, of eFunds
Corporation (the Company), pursuant to 18 U.S.C. Section 1350, hereby
certifies to the best of his knowledge that:



| |                                                                                                                                                                                                  
| | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (i) the Form 10-Q/A for the quarter ended June 30, 2002 of the Company
(the Report) fully complies with the requirements of section 13(a) and
15(d) of the Securities Exchange Act of 1934; and
|
| | (ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.                                        

Dated: November 29, 2002

| |  |                                       
| |  | --------------------------------------
| |  | /s/ Thomas S. Liston

Thomas S. Liston
Exhibit 32

AMERICANWEST BANCORPORATION

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

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

I, Patrick J. Rusnak, state and attest that:

(1) I am the Chief Executive Officer and Chief Financial Officer of AmericanWest Bancorporation (the Registrant).

(2) I 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 the
best of my knowledge



| |  |  | the amendement to the Annual Report on Form 10-K of the Registrant for the year ended December 31, 2009 (the periodic report)
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78 o(d)); and
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of the
Registrant.
| | - |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------



|      |  |                                                                  
|----- |  | -----------------------------------------------------------------
|Name: |  | /s/ Patrick J. Rusnak                                            
|Title |  | President and Chief Executive Officer and Chief Financial Officer
|Date: |  | April 30, 2010
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
accompanying Consolidated Balance Sheets and Consolidated Statements of
Operations and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-28-1996
<PERIOD-END>                               DEC-28-1996
<CASH>                                         61,063
<SECURITIES>                                         0
<RECEIVABLES>                                  420,304
<ALLOWANCES>                                    20,243
<INVENTORY>                                    139,007
<CURRENT-ASSETS>                               638,893
<PP&E>                                         166,207
<DEPRECIATION>                                  74,595
<TOTAL-ASSETS>                                 831,057
<CURRENT-LIABILITIES>                          679,942
<BONDS>                                        131,737
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     27,780
<COMMON>                                           578
<OTHER-SE>                                    (16,218)
<TOTAL-LIABILITY-AND-EQUITY>                   831,057
<SALES>                                      2,068,643
<TOTAL-REVENUES>                             2,106,643
<CGS>                                        2,078,775
<TOTAL-COSTS>                                2,078,775
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 4,779
<INTEREST-EXPENSE>                              33,412
<INCOME-PRETAX>                              (417,715)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (417,715)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (417,715)
<EPS-PRIMARY>                                   (8.22)
<EPS-DILUTED>                                   (8.22)
        

</TABLE>
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 Annual Report of Belmont Bancorp. (the Company) on Form
10-K for the year ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jane R. Marsh, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1) | the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934: and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ Jane R. Marsh      
|Jane R. Marsh          
|Chief Financial Officer
|                       
|March 29, 2005         



A signed original of this written
statement required by Section 906 has been provided to Belmont Bancorp. and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
I 

112TH CONGRESS 

1ST SESSION H. R. 1467 

To provide for reliquidation of certain entries of medium density fiberboard. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2011 

Mr. THOMPSON of Pennsylvania introduced the following bill; which was 

referred to the Committee on Ways and Means 

A BILL 

To provide for reliquidation of certain entries of medium 

density fiberboard. 

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

3 SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF ME4 DIUM DENSITY FIBERBOARD. 

5 (a) IN GENERAL.—Notwithstanding section 514 of 

6 the Tariff Act of 1930 (19 U.S.C. 1514) or any other pro7 vision of law, if a request described in subsection (c) is 

8 filed with U.S. Customs and Border Protection, U.S. Cus9 toms and Border Protection shall liquidate or reliquidate 

10 entries described in subsection (b) at the rate of duty of 

11 3.2 percent ad valorem. 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•HR 1467 IH

1 (b) ENTRIES DESCRIBED.—The entries described in 

2 this subsection are entries of fiberboard produced using 

3 the dry method of production, otherwise known as medium 

4 density fiberboard— 

5 (1) that were classified under subheading 

6 4411.19.40 of the Harmonized Tariff Schedule of 

7 the United States at the time of entry; 

8 (2) that are substantially similar to the mer9 chandise that was the subject of the Court of Inter10 national Trade and the Court of Appeals for the 

11 Federal Circuit decisions in Faus Group, Inc. v. 

12 United States, 581 F.3d 1369 (2009), and Witex 

13 USA, Inc. v. United States, 333 Fed. App 569 

14 (2009); 

15 (3) that were entered on or after January 1, 

16 1998, and before January 1, 2002; 

17 (4) that were produced using the dry method of 

18 production; and 

19 (5) with respect to which a request for reliqui20 dation, provided for in subsection (c), is filed. 

21 (c) REQUEST FOR RELIQUIDATION.— 

22 (1) IN GENERAL.—Any importer seeking a liq23 uidation or reliquidation pursuant to subsection (a) 

24 shall file a proper request with U.S. Customs and 

25 Border Protection before the 90th day after the date 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•HR 1467 IH

1 of the enactment of this Act that contains sufficient 

2 information to enable U.S. Customs and Border 

3 Protection— 

4 (A) to locate the entry; or 

5 (B) to reconstruct the entry if it cannot be 

6 located. 

7 (2) INFORMATION TO BE PROVIDED.—The in8 formation required by this subsection may include 

9 the Entry Summary Documents (CBP Form 7501) 

10 for the entries and supporting documents needed to 

11 demonstrate to the satisfaction of U.S. Customs and 

12 Border Protection that the merchandise was entered. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS
EXHIBIT 23.1
                       CONSENT OF INDEPENDENT ACCOUNTANTS

We  hereby consent to the incorporation by reference in each of the Registration
Statements  on  Form  S-2 (No. 333-55874), Form S-8 (No.'s 333-39766, 333-37310,
333-31104,  333-95655, 333-92239, 333-87541, 333-84457, 333-81033 and 333-80135)
of  Imaging  Technologies  Corporation  of  our  report  dated  October 10, 2000
appearing  in  the  June  30,  2002  Annual  Report  of  this  Form  10-K.

/s/  BOROS  &  FARRINGTON  APC
BOROS  &  FARRINGTON  APC
San  Diego,  California

November  18,  2002
#### Jose Maria CAVAZOS, Appellant, v. The STATE of Texas, Appellee.

No. 27570.

Court of Criminal Appeals of Texas.

April 27, 1955.

-No attorney on appeal for appellant.-

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

PER CURIAM. •

The conviction is for a violation of the liquor law in Lubbock County; the punishment is assessed at a fine of $100.

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular and nothing is presented for review.

The judgment is affirmed, • ->■'
<PAGE>



      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  Rosner,  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  on  Form 10-QSB of First Cypress Technologies, Inc., as amended, for the
quarterly  period  ended September 30, 2002 fully complies with the requirements
of  Section  13(a)  or 15(d) of the Securities Exchange Act of 1934 and that the
information contained in the Quarterly Report on Form 10-QSB, as amended, fairly
presents  in  all  material  respects  the  financial  condition  and results of
operations  of  First  Cypress  Technologies,  Inc.




                            By:    /s/ Robert  Rosner
                                   ------------------
                            Name:  Robert  Rosner
                            Title: President and Chief Executive Officer
                                   Treasurer and Chief Financial Officer


                            Date:     December  17,  2002
```

                                                                   Exhibit 10.12

                              **EMPLOYMENT AGREEMENT
                                    AMENDMENT****THE EMPLOYMENT  AGREEMENT**,  entered into on August 1, 2000, that terminates
on July 31, 2002, by and between **Cognigen Networks, Inc.**, a Colorado corporation
(the  "Company"),  and **Jimmy L. Boswell** (the  "Employee")  is hereby  amended  and
modified as follows:  (a) the term thereof to extend from August 1, 2002, to and
shall  terminate  on January 31, 2003;  and (b)  effective  August 1, 2002,  the
compensation  thereof  to  increase  to  Sixty  Thousand and Forty-Eight Dollars
($60,048.00) for the six-month term ending January 31, 2003. All other terms and
conditions of the Agreement remain unchanged.

      The parties accept and execute this Agreement, dated July 29, 2002:

                                               **COGNIGEN NETWORKS, INC.**

                                                By:  /s/ Darrell H. Hughes
                                                --------------------------
                                                Darrell H. Hughes, Chief
                                                 Executive Officer and President

                                                **EMPLOYEE:**

                                                 /s/ Jimmy L. Boswell
                                                --------------------------
                                                Jimmy L. Boswell

Attested to by:

/s/ David L. Jackson
--------------------
David L. Jackson, Corporate Secretary
```
**EXHIBIT 24.3**

**POWER OF ATTORNEY**

**(Annual Report on Form 10-K)**

The undersigned, an officer and/or director of Electro Scientific Industries, Inc., constitutes and appoints Nicholas Konidaris, Paul Oldham and Kerry Mustoe, and eachof them, his or her true and lawful attorney and agent to do any and all acts and things and execute in his or her name as an officer or director of the Company the Annual Report on Form 10-K for the year ended March 28, 2009 and any andall amendments thereto, and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission; and the undersigned does hereby ratify and confirm all that said attorneys and agentsand each of them shall do or cause to be done by virtue hereof. Any one of said attorneys or agents shall have, and may exercise, all powers conferred. 

Dated: May 14, 2009.
#### Helen Katherine GUYTON, Appellant, v. The STATE of Texas, Appellee.

No. 28567.

Court of Criminal Appeals of Texas.

Nov. 7, 1956.

No attorney for appellant of record on appeal.

Henry Wade, Criminal Dist. Attyv, Thomas B. Thorpe, Asst. Dist. Atty., Dallas, and Leon B. Douglas, State’s Atty., Austin, for the State.

PER CURIAM.

The offense is felony theft; the punishment, assessed by the court on a plea of guilty, four years.

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular and nothing is presented for review. The judgment is affirmed.
**CERTIFICATION PURSUANT TO SECTION 906**

**OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.SECTION 1350)**

 

The undersigned certify pursuant to18 U.S.C. Section 1350, that to the undersigned’s knowledge:

 

1.                                          The accompanying Annual Report of NVE Corporation (the “Company”)    on Form 10-K for the year ended March 31, 2008, 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 theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 

Date:    May 19, 2008

 

 
| /s/          DANIEL A. BAKER           |   |
|----------------------------------------|--------|
| Daniel A. Baker                        |
| President and  Chief Executive Officer |

 

 
| /s/          CURT A. REYNDERS |   |
|-------------------------------|--------|
| Curt A. Reynders              |
| Chief Financial  Officer      |

 

 

A    signed original 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.
EXHIBIT 32.1



CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

PURSUANT TO RULE 13A-14(b) OF THE EXCHANGE ACT AND 18 U.S.C. SECTION 1350.



In connection with the Quarterly Report on Form 10-Q/A of Curis, Inc. (the Company) for the period ended June 30, 2005 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: March 31, 2006



/s/    DANIEL R. PASSERIDaniel R. Passeri President and Chief Executive
Officer (Principal Executive Officer)
#### Ex parte Barton A. SHORT, Original Application.

No. 29171.

Court of Criminal Appeals of Texas.

June 26, 1957.

James J. Shown, Houston, for appellant.

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

MORRISON, Presiding Judge.

Relator, an inmate of the Texas Prison System, seeks his release by writ of habeas corpus alleging that the sentence by virtue of which he is confined is void because he *950waived a jury and entered his plea of guilty to the capital offense of robbery with firearms. He supports his application with certified copy of the judgment which supports his contention.

Since the filing of this application, the trial court has been given an opportunity to correct any clerical error in the entry of the judgment, and, in the absence of a showing to the contrary, we must assume that the judgment before us speaks the truth. Ex parte Frazier, Tex.Cr.App., 301 S.W.2d 655.

It is ordered that relator be relieved from further confinement in the penitentiary and that he be delivered by the penitentiary authorities to the sheriff of Harrison County to answer in the 71st District Court of such county to the indictment in said cause under which his conviction was had.

It is so ordered.