alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 40159 Summary Calendar

**United States of America,** Plaintiff

— Appellee **,**

versus
**Salvador Flores**

**- Campos,**  Defendant

— Appellant

**.**

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:20

- CR

- 301

- 1

Before **Jolly, Willett,** and **Engelhardt,** Circuit Judges

**. Per Curiam**  **:** *
The Federal Public Defender appointed to represent Salvador Flores

- Campos has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Flores

- Campos has not filed a

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED September 7, 2021 Lyle W. Cayce Clerk Case: 21-40159 Document: 00516003515 Page: 1 Date Filed: 09/07/2021No. 21

- 40159

2 response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is **GRANTED** , counsel is excused from further responsibilities herein, and the **APPEAL IS DISMISSED**

. See **5th Cir. R.** 42.2

. Case: 21-40159 Document: 00516003515 Page: 2 Date Filed: 09/07/2021
Exhibit 31.1

Certifications pursuant to Securities and Exchange Act of 1934 Rule 13a-14 as
adopted pursuant to Section 302 of Sarbanes-Oxley Act of 2002:

      I, Gifford A. Dieterle, Chief Executive Officer of Capital Gold
Corporation (the "Company") certify that:

1. I have reviewed this annual report on Form 10-KSB of the Company;

2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
Registrant as of, and for, the periods presented in this annual report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
Registrant and I have:

a) designed such disclosure controls and procedures to ensure that material
information relating to the Registrant, including its consolidated subsidiaries,
is made known to me by others within those entities, particularly during the
period in which this annual report is being prepared;

b) evaluated the effectiveness of the Registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this annual
report (the Evaluation Date); and

c) presented in this annual report my conclusions about the effectiveness of the
disclosure controls and procedures based on my evaluation as of the Evaluation
Date;

5. I have disclosed, based on my most recent evaluation, to the Registrant's
auditors and the audit committee of Registrant's board of directors (or persons
performing the equivalent function):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the Registrant's ability to record, process,
summarize and report financial data and have identified for the Registrant's
auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the Registrant's internal controls; and

6. I have indicated in this annual report whether or not there were significant
changes in internal controls or in other factors that could significantly affect
internal controls subsequent to the date of my most recent evaluation, including
any corrective actions with regard to significant deficiencies and material
weaknesses.

Date: November 14, 2005

/s/ Gifford A. Dieterle
-----------------------
Gifford A. Dieterle
Chief Executive Officer
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

MARIO CASANOVA

- LANZO,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 287 MAL 2019

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 4th day of September, 2019

, the Petition for Allowance of Appeal

is DENIED

.
**EXHIBIT 32**

 

**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 ofInterbank Capital Corp. (the “Company”) on Form 10-QSB for the period ended March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Anthony N. DeMint, President and Chief Accounting 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/ Anthony N. DeMint                                    

Anthony N. DeMint

President and Chief Accounting Officer

May 5, 2006
|   | 1. | The      Report fully complies with the requirements of Section 13(a) or 15(d)      of the Securities Exchange Act of 1934; and |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------|

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

|                            |   |   |                      |                                             |
|---------------------------------|--------|--------|---------------------------|--------------------------------------------------|
|                            |   |   |                      |
| Date:            April 13, 2009 |   | By:    | /s/            Jay Rifkin |
|                            |   |   |                      | Jay RifkinChief Executive                Officer |
Order entered April 24, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-01522-CR

JOHN JAMES OBIOLS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court

Collin County, Texas

Trial Court Cause No. 219-81527-2017

ORDER

Before the Court is appellant’s April 23, 2019 first motion to extend time to file his brief. 

We GRANT the motion and ORDER appellant’s brief due on June 17, 2019.

/s/ BILL PEDERSEN, III 

JUSTICE
AUDITORS' REPORT

To the shareholder of
E-Z-EM Canada Inc.

We have audited the consolidated balance sheets of "E-Z-EM CANADA INC."
as of May 31, 1996 and 1995 and the consolidated statements of
earnings, retained earnings and changes in financial position for the
years ended May 31, 1996, 1995 and 1994.  These financial statements
are the responsibility of the company's management.  Our responsibility
is to express an opinion on these financial statements based on our
audits.

We conducted our audits in accordance with generally accepted auditing
standards.  Those standards require that we plan and perform an audit
to obtain reasonable assurance about whether the financial statements
are free of material misstatement.  An audit includes examining, on a
test basis, evidence supporting the amounts and disclosures in the
financial statements.  An audit also includes assessing the accounting
principles used and significant estimates made by management, as well
as evaluating the overall financial statement presentation.

In our opinion, these consolidated financial statements present fairly,
in all material respects, the financial position of the company as of
May 31, 1996 and 1995 and the results of their operations and the
changes in their financial position for the years ended May 31, 1996,
1995 and 1994 in accordance with generally accepted accounting
principles.



Jacques, Davis, Lefaivre & Associes
Chartered Accountants

Montreal, July 10, 1996

                                      -39-
EXHIBIT32

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of Interbank Capital Corp. (the"Company") on Form 10-QSB for the period ended September 30, 2003, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, Anthony N. DeMint, President and Chief AccountingOfficer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

-  The    Report fully complies with the requirements of Section 13(a) or 15(d) of the    Securities Exchange Act of 1934; andThe    information contained in the Report fairly presents, in all material    respects, the financial condition and results of operations of the Company.

/s/Anthony N.DeMint                       

AnthonyN. DeMint

Presidentand Chief Accounting Officer

October27, 2003
<PAGE>

                                                                    Exhibit 99.1

Certification of Chief Executive Officer Pursuant to 18 U.S.C. Section 1350, as
Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, filed
herewith.


                          Armstrong Holdings, Inc. and
                        Armstrong World Industries, Inc.
                               (the "Companies")


                  Written Statement by Chief Executive Officer
                  --------------------------------------------
             Pursuant to Section 906 of Sarbanes-Oxley Act of 2002
             -----------------------------------------------------



I certify to the best of my knowledge and belief that the Companies' Form 10-Q
periodic report containing their respective financial statements for the fiscal
quarter ended March 31, 2003 fully complies with the requirements of section
13(a) of the Securities Exchange Act of 1934, and that information contained in
that report fairly presents, in all material respects, the financial condition
and results of operations of the Companies as of that date.




/s/ Michael D. Lockhart
-------------------------------
Michael D. Lockhart
Chief Executive Officer
Armstrong Holdings, Inc. and


/s/ Michael D. Lockhart
-------------------------------
Michael D. Lockhart
Chief Executive Officer and President
Armstrong World Industries, Inc.


Dated: May 8, 2003






A signed original of this written statement required by Section 906 has been
provided to the Companies and will be retained by the Companies and furnished to
the Securities and Exchange Commission or its staff upon request.
#### James Edward PARROTT v. STATE.

No. 28643.

Court of Criminal Appeals of Texas.

Oct. 10, 1956.

No appearance for appellant.

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

PER CURIAM.

Felony theft is the offense; the punishment, two years in the penitentiary.

Accompanying the record is appellant’s personal affidavit requesting the dismissal of the appeal. The request is granted. The appeal is dismissed. .
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

J.R., ) ) Appellant, ) ) v. ) Case No. 2D17-2778 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed December 19, 2018. Appeal from the Circuit Court for Hillsborough County; Christopher C. Nash, Judge. Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Chelsea S. Alper, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

CASANUEVA, MORRIS, and LUCAS, JJ., Concur.
Exhibit 10.39

               First Extension of Change of Control Agreement
                             Dated July 21, 2004


      The Change of Control Agreement "the Agreement" executed on the 21st
day of July 2004 by and between Eric Zanin (the "Executive") and Parlex
Corporation (the "Company") is hereby extended to the 30th day of June
2006.  All of the terms and conditions of the Agreement remain unchanged.

      IN WITNESS WHEREOF, the parties hereto have each caused the Agreement
to be duly executed and delivered as of the date set forth above.

                                       PARLEX CORPORATION


                                       /s/ Peter J. Murphy
                                       ------------------------------------
                                       Peter J. Murphy
                                       President


                                       EXECUTIVE


                                       /s/ Eric Zanin
                                       ------------------------------------
                                       Name: Eric Zanin

                                       Date:   July 21, 2005


<PAGE>
EXHIBIT 99

                                Certification
                                     of
   YFC 355 Corp. pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
regarding Quarterly Report on Form 10-QSB for the quarter ended June 30, 2002


     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),
each  of the undersigned officers of YFC 355 Corp., a Nevada corporation (the
"Company"), does hereby certify that:

     1.  The  Company's Quarterly Report on Form 10-QSB for the quarter ended
         June   30,  2002  (the  "Form  10-QSB")  fully  complies  with   the
         requirements  of  Section 13(a) or 15(d) of the Securities  Exchange
         Act of 1934, as amended; and

     2.  Information  contained in the Form 10-QSB fairly  presents,  in  all
         material   respects,  the  financial  condition   and   results   of
         operations of the Company.



     Dated:   August 12, 2002          /s/ Anthony N. DeMint
                                        Anthony N. DeMint
                                       President/ Chief Accounting Officer
Exhibit 31.2

Certifications pursuant to Securities and Exchange Act of 1934 Rule 13a-14 as
adopted pursuant to Section 302 of Sarbanes-Oxley Act of 2002:

      I, Gifford A. Dieterle, Chief Financial Officer of Capital Gold
Corporation (the "Registrant"), certify that:

1. I have reviewed this annual report on Form 10-KSB of the Company;

2. Based on my knowledge, this annual report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
Registrant as of, and for, the periods presented in this annual report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for the
Registrant and I have:

a) designed such disclosure controls and procedures to ensure that material
information relating to the Registrant, including its consolidated subsidiaries,
is made known to me by others within those entities, particularly during the
period in which this annual report is being prepared;

b) evaluated the effectiveness of the Registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this annual
report (the Evaluation Date); and

c) presented in this annual report my conclusions about the effectiveness of the
disclosure controls and procedures based on my evaluation as of the Evaluation
Date;

5. I have disclosed, based on my most recent evaluation, to the Registrant's
auditors and the audit committee of Registrant's board of directors (or persons
performing the equivalent function):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the Registrant's ability to record, process,
summarize and report financial data and have identified for the Registrant's
auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the Registrant's internal controls; and

6. I have indicated in this annual report whether or not there were significant
changes in internal controls or in other factors that could significantly affect
internal controls subsequent to the date of my most recent evaluation, including
any corrective actions with regard to significant deficiencies and material
weaknesses.


Date: June 24, 2005


/s/ Gifford A. Dieterle
-----------------------
Gifford A. Dieterle
Chief Financial Officer
<PAGE>
 
EXHIBIT 23    CONSENT OF INDEPENDENT AUDITORS

COMMERCIAL BANCSHARES, INC.



                [LOGO OF HARMAN, THOMPSON, MALLORY & ICE, A.C.]
                     HARMAN, THOMPSON, MALLORY & ICE, A.C.
                         Certified Public Accountants



                        CONSENT OF INDEPENDENT AUDITORS


The Board of Directors
Commercial BancShares, Inc. and Subsidiaries
Parkersburg, West Virginia


          We consent to incorporation by reference of our report dated February
10, 1997, relating to the consolidated balance sheet of Commercial BancShares,
Inc. and Subsidiaries as of December 31, 1996 and 1995 and the related
consolidated statements of income, changes in shareholders' equity, and cash
flows for each of the years in the three-year period ended December 31, 1996
which appears in the Company's Form 10-K Registration Statement.  Similarly, we
also consent to reference to our firm in the Management's Discussion and
Analysis associated with the financial information and statistical data for the
above-mentioned periods presented as a part of the above referenced filing.


                                    /s/ Harman, Thompson, Mallory & Ice, A.C.
                                    -----------------------------------------
                                    Harman, Thompson, Mallory & Ice, A.C.
                                    Certified Public Accountants



Parkersburg, West Virginia
March 25, 1997


  Towne Square, P.O. Box 148, Parkersburg, West Virginia  26102  304/485-6584
#### N. E. GANT, Appellant, v. The STATE of Texas, Appellee.

No. 28424.

Court of Criminal Appeals of Texas.

June 27, 1956.

No attorney for appellant.

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

PER CURIAM!

The conviction is for two separate sales of whiskey in a dry area; the punishment, a fine of $300.

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, and no motion for rehearing will be entertained in this case.
EXHIBIT 24.4

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 and Kerry Mustoe, and each of 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 June 3, 2006 and any and all 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 agents and 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:
July 20, 2006.



/s/ W. ARTHUR PORTERW. Arthur Porter
<TABLE> <S> <C>

<ARTICLE>                          5
<CIK>                              0000725262
<NAME>                             Dyco Oil & Gas Program 1984-2 Ltd Partnership

<S>                                <C>
<PERIOD-TYPE>                      12-MOS
<FISCAL-YEAR-END>                  DEC-31-1997
<PERIOD-START>                     JAN-01-1997
<PERIOD-END>                       DEC-31-1997
<CASH>                                   108,931
<SECURITIES>                                   0
<RECEIVABLES>                             64,754
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                         173,685
<PP&E>                                23,988,226
<DEPRECIATION>                        23,561,422
<TOTAL-ASSETS>                           624,851
<CURRENT-LIABILITIES>                      7,635
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                               610,298
<TOTAL-LIABILITY-AND-EQUITY>             624,851
<SALES>                                  402,876
<TOTAL-REVENUES>                         406,105
<CGS>                                          0
<TOTAL-COSTS>                            222,794
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                          183,311
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                      183,311
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                             183,311
<EPS-PRIMARY>                              34.90
<EPS-DILUTED>                                  0



</TABLE>
EXHIBIT 32.1





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


BY PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER








I, Keith Brackpool, herby certify, to my knowledge, that:





1. the accompanying Annual Report on Form 10-K of Cadiz Inc. for the year ended December 31, 2010 (the "Report") fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities and 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 Cadiz Inc.





IN WITNESS WHEREOF, the undersigned has executed this Statement as of the date first written above.





Dated: March 16, 2011







/s/ Keith Brackpool