alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit

No. 22-20257

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Carlos Araujo-Salgado, 

Defendant—Appellant.

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:21-CR-309-1

Before Jones, Haynes, and Oldham, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Carlos AraujoSalgado 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). Araujo-Salgado has not filed a response. We have 

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 28, 2022

Lyle W. Cayce

Clerk

Case: 22-20257 Document: 00516557916 Page: 1 Date Filed: 11/28/2022
No. 22-20257

2

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: 22-20257 Document: 00516557916 Page: 2 Date Filed: 11/28/2022
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _
Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A1 5 A0 57 3 . J OHNSON STREET PROPERTI ES, LLC v . CYNTHI A CLURE.

Aft er p l en ary c o n s i d erat i o n , we h av e d et erm i n ed t h at t h e ap p l i cat i o n fo r i n t erl o cu t o ry ap peal i n t h i s cas e was i m pro v id en t l y g ran t ed

. Acco rd i n gl y , t h e o rd er
g ran t i n g t h e ap p li cat i o n i s v acat ed , an d t he ap p eal i s d i s m is s ed

.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia C le r k ’ s O f f i c e , A t la n t a ,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i t n e s s m y s i g n a t u r e a n d th e s e a l o

f s a i d c o u r t
h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. 

## 05/04/2015 May 04, 2015
Exhibit 99.2
Certification Pursuant to 18 U.S.C. Section 1350, As Adopted Pursuant
To Section 906 of The Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of WebEx Communications, Inc.
(the "Company") on Form 10-Q for the period ending March 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Craig Klosterman, 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 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.

Date:  May 14, 2003


/s/   Craig Klosterman
-----------------------
Craig Klosterman
Chief Financial Officer











This statement is submitted pursuant to 18 U.S.C. Section 1350 and
shall not be deemed to be filed for the purpose of Section 18 of the
Securities Exchange Act of 1934 or otherwise subject to the liabilities
of that section.
Exhibit 32.1

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, furnished herewith.

Armstrong Holdings, Inc.

(the Company)

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 Companys Form 10-Q periodic report containing its financial statements for the fiscal quarter ended June 30, 2007 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 Company as of that date.



|                                                 
|-------------------------------------------------
|/s/ Michael D. Lockhart                          
|Michael D. Lockhart                              
|Chairman of the Board and Chief Executive Officer
|Armstrong Holdings, Inc.                         
|                                                 
|Dated: July 23, 2007                             

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.
tFluetGasSTACKSampleProbeMetalsDynamic1-QAGSpikeOrificeRetumtoStackAmbientAmbient/GasValveHEATERSampleShut-offValveHEATERFIGURE4.MULTI-METALSCEMS(XACT)HEATERXACTSAMPLEBUILDINGSTILLINGCHAMBERIo9/23/051LILFIG4Io2o305
```

[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Notices]
[Page 60568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23906]

-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 8909]

In the Matter of the Designation of Abdessamad Fateh, Also known 
as Abu Hamza as a Specially Designated Global Terrorist Pursuant to 
Section 1(b) of Executive Order 13224, as Amended

    Acting under the authority of and in accordance with section 1(b) 
of Executive Order 13224 of September 23, 2001, as amended by Executive 
Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 
2003, I hereby determine that the individual known as Abdessamad Fateh, 
also known as Abu Hamza, committed or poses a significant risk of 
committing, acts of terrorism that threaten the security of U.S. 
nationals or the national security, foreign policy, or economy of the 
United States.
    Consistent with the determination in section 10 of Executive Order 
13224 that ``prior notice to persons determined to be subject to the 
Order who might have a constitutional presence in the United States 
would render ineffectual the blocking and other measures authorized in 
the Order because of the ability to transfer funds instantaneously,'' I 
determine that no prior notice needs to be provided to any person 
subject to this determination who might have a constitutional presence 
in the United States, because to do so would render ineffectual the 
measures authorized in the Order.
    This notice shall be published in the Federal Register.

    Dated: September 23, 2014.
John F. Kerry,
Secretary of State.
[FR Doc. 2014-23906 Filed 10-6-14; 8:45 am]
BILLING CODE 4710-10-P
```
Exhibit 32.2



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, filed herewith.



Armstrong Holdings, Inc. and

Armstrong World Industries, Inc.

(the
Companies)



Written Statement by Chief
Financial 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 September 30, 2004 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/ Leonard A. Campanaro                         
|Leonard A. Campanaro                             
|Senior Vice President and Chief Financial Officer
|Armstrong Holdings, Inc. and                     
|Armstrong World Industries, Inc.                 
|                                                 
|Dated: November 4, 2004                          



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.
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*Manufacturing process information may be entitled to confidential treatment*
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
RONALD WELCH, Plaintiff - Appellant,

v. CAROLYN W. COLVIN, Com m issioner of Social Security, Defendant - Appellee. No. 12-56850 D.C. No. 5:11-cv-00740-MLG
MEMORANDUM *

Appeal fromthe United States District Court for the Central District of California Marc L. Goldm an, Magistrate Judge, Presiding Subm itted October 8, 2013 * * Pasadena, California Before: FERNANDEZ, PAEZ, and HURWITZ, Circuit Judges. Ronald Welch appeals the district court’s judgment dism issing his com plaint against the Comm issioner of Social Security for lack of subject m atter jurisdiction. 

# FILED
OCT 17 2013 M OLLY C. DWYER, CLERK U.S. COURT OF APPEALS

* This dispos i ti o n i s n ot ap p r o p riate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

* * T h e p a n e l u n a n i m o u s l y c o n c l u d e s t h i s c a s e i s s u i t a b l e f o r d e c i s i o n without oral argum e nt. See Fed. R. App. P. 34(a)(2).We have jurisdiction under 28 U.S.C. § 1291 to review the district c ourt’s judgm ent.

We vacate and rem and. The Social Security Appeals Council dism issed as untim ely Welch ’ s request for review o f a decision by an adm inistrative law judge denying his a pplication for disability benefits. Welch’s attorney claim s that he tim ely filed the request for review by facsim ile, as perm itted by agency rules. To prove that he did so, Welch’s attorney provided the Council with, amo n g o t her docum ents, a transm ission log with the Council’s fax num ber. Although the Council’s dism issal order is not a final decision, the district court nonetheless had j u r isdiction to review it under 42 U.S.C § 405(g) because Welch asserted a colorable c onstitutional claim

. Ca l ifano v. Sanders , 430 U.S. 99, 109 (1977); Matlock v. Sullivan , 908 F.2d 492, 493–94 (9th Cir. 1990). W e recently held that due process requires the Com m issioner to give “some explanation” when dism issing an a

pparently valid request for a hearing. D e x ter v . Colvin , N o. 12-35074, 2013 WL 5 4 3 4 6 9 9, at *3 (9th Cir. Sept. 30, 2013). Because Welch provided the Council with evidence that, if credited, would establish that he tim e ly filed the request for review, due process requires the Council t o p rovide som e e xplanation why it concluded to the contrary.

2We vacate the judgm ent of the district c ourt and rem and to the district court to

rem and to the Comm issioner to consider the evidence that Welch tim e ly filed his request for review and e ither to explain her decision dism issing the request or to treat it as tim ely. VACATED and REMANDED.

3
* 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. United States Court of Appeals

Fifth Circuit 

## FILED January 15, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-60334 Summary Calendar

ERIC BATUNGWANAYO, Petitioner,

versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A95 225 036

-------------------- Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM: * Eric Batungwanayo has petitioned for review of the decision of the Board of Immigration Appeals (BIA) dismissing as untimely his appeal from the immigration judge’s decision denying his motion to reopen his deportation proceedings. Batungwanayo has not shown that the BIA abused its discretion in determining he had failed to support his motion to reopen with previously unavailable material evidence showing that he had a well-founded fear of persecution related to his political beliefs or ethnicity based on changed conditions in Burundi. See Singh v. Gonzales ,No. 06-60334 -2- 436 F.3d 484, 487 (5th Cir. 2006); 8 U.S.C. § 1229a(c)(7). The petition for review is DENIED.
Addendum B to Employment Agreement, dated November 2, 2003



 EXHIBIT 10.28 
  
 ADDENDUM B TO EMPLOYMENT AGREEMENT 
  

This addendum is made on November 2, 2003 by and between Quantum Fuel Systems Technologies Worldwide, Inc. (herein “Quantum) and Alan Niedzwiecki
(herein “Employee”). For mutual and adequate exchange of consideration, the parties mutually agree to modify Employee’s Employment Agreement of August 1, 2002, as follows: 
  
 Section 2 of the above referenced Employment Agreement is hereby modified via incorporating the following additional
language. 
  
 “2.1 (a) Effective November 2,
2003, Employee’s base salary is increased to $370,000.00 per year.” 
  

			
	 /s/ Alan Niedzwiecki

	  	 /s/ William Brian Olson


	Alan Niedzwiecki	  	William Brian Olson
	 	  	Chief Financial Officer
		
	Dated: November 2, 2003	  	 
	 	  	Quantum Fuel Systems
	 	  	Technologies Worldwide, Inc.
		
	 	  	Dated: November 2, 2003
#### Thomas W. PETTY, Appellant, v. The STATE of Texas, Appellee.

No. 38856.

Court of Criminal Appeals of Texas.

Dec. 15, 1965.

*884Gib Callaway, Brownwood, for appellant.

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

McDONALD, Presiding Judge.

The offense is driving a motor vehicle on a public road while intoxicated; the punishment, a fine of $50.00 and confinement in jail for three (3) days.

The statement of facts reflects that James Troy Kennedy, a student at Howard Payne College, while driving home about 11:00 o’clock at night, saw a pick-up truck coming toward him in his lane; that he had just stopped and the pickup collided with him; that the pickup was driven by the appellant ; that he staggered and smelled strongly of alcohol; that in his opinion he was intoxicated; that he could hardly stand up.

Joe Robbins testified that he was the Juvenile Officer for the City of Brown-wood ; that he saw the pickup truck driven by appellant on the wrong side of the road collide with the automobile driven by Kennedy; that appellant seemed unable to get out and that he staggered badly; had a thick tongue and had the smell of alcohol on his breath; that in his opinion appellant was intoxicated.

Appellant testified that he was 54 years of age; that he worked for the City of Brownwood; that he intended to turn left and he blacked out; that he had no recollection of striking the other car; that he had been under treatment for several years for high blood pressure and had been taking pills for the trouble; that he had been at a friend’s house, and they drank a six-pack of beer around 5:30 or 6:30; that he went home and ate and went to bed; that he was not in any degree drunk; that he was awakened around 10:45 or 11:00 o’clock for a call to fix a broken pipe for a water customer.

Pryor Martin testified that he was street superintendent .for the City of Brownwood; that appellant had worked for the city under his supervision for 15 years; that he knew him to be dependable and truthful and had never seen him drunk in his life.

The jury rejected appellant’s version of the transaction and adopted that of the state. We find the evidence sufficient to sustain their verdict.

Appellant urges as reversible error the action of the trial court in refusing his requested charge on the presumption of innocence. The trial court’s action reflects that this requested charge was not made to the court until after the court had read its charge and the County Attorney was presenting his opening argument to the jury. The requested charge was not timely made. It should have been made prior to the court reading his charge to the jury. Arts. 658, 659, Vernon’s Ann.C.C.P. Rager v. State, *885Tex.Cr.App., 363 S.W.2d 942, and Wishnow v. State, 166 Tex.Cr.R. 538, 316 S.W.2d 412.

We perceive no reversible error in the action of the trial court.

The judgment is affirmed
Exhibit 32.2

                      AXA EQUITABLE LIFE INSURANCE COMPANY

    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-K for the year ended December
31, 2008 of AXA Equitable Life Insurance Company (the "Company") as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Richard S. Dziadzio, Executive Vice President and 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, 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 Company.

                                  /s/  Richard S. Dziadzio
                                  ------------------------
                                  Richard S. Dziadzio
                                  Executive Vice President and
                                  Chief Financial Officer

Date:  March 13, 2009
I 

112TH CONGRESS 

1ST SESSION H. R. 1639 

To amend the Federal Food, Drug, and Cosmetic Act to clarify the Food 

and Drug Administration’s jurisdiction over certain tobacco products, 

and to protect jobs and small businesses involved in the sale, manufacturing and distribution of traditional and premium cigars. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2011 

Mr. POSEY (for himself, Ms. CASTOR of Florida, Mr. COLE, Mr. CALVERT, 

and Mrs. MILLER of Michigan) introduced the following bill; which was 

referred to the Committee on Energy and Commerce 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act to 

clarify the Food and Drug Administration’s jurisdiction 

over certain tobacco products, and to protect jobs and 

small businesses involved in the sale, manufacturing and 

distribution of traditional and premium cigars. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Traditional Cigar Man5 ufacturing and Small Business Jobs Preservation Act of 

6 2011’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
2 

•HR 1639 IH

1 SEC. 2. LIMITATION OF AUTHORITY WITH RESPECT TO 

2 PREMIUM CIGARS. 

3 (a) EXCEPTION FOR TRADITIONAL LARGE AND PRE4 MIUM CIGARS.—Section 901(c) of the Federal Food, 

5 Drug, and Cosmetic Act (21 U.S.C. 387a(c)) is amend6 ed— 

7 (1) in paragraph (2), in the heading, by insert8 ing ‘‘FOR CERTAIN TOBACCO LEAF’’ after ‘‘AUTHOR9 ITY’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(3) LIMITATION OF AUTHORITY FOR CERTAIN

12 CIGARS.— 

13 ‘‘(A) IN GENERAL.—The provisions of this 

14 chapter (except for section 907(d)(3)) shall not 

15 apply to traditional large and premium cigars. 

16 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

17 in this chapter shall be construed to grant the 

18 Secretary authority to promulgate regulations 

19 on any matter that involves traditional large 

20 and premium cigars. 

21 ‘‘(C) TRADITIONAL LARGE AND PREMIUM

22 CIGAR DEFINED.—For purposes of this para23 graph, the term ‘traditional large and premium 

24 cigar’— 

25 ‘‘(i) means any roll of tobacco that is 

26 wrapped in leaf tobacco, contains no filter, 


emcdonald on DSK2BSOYB1PROD with BILLS
3 

•HR 1639 IH

1 and weighs at least 6 pounds per 1,000 

2 count; and 

3 ‘‘(ii) does not include a cigarette (as 

4 such term is defined by section 900(3)) or 

5 a little cigar (as such term is defined by 

6 section 900(11)).’’. 

7 (b) CONFORMING AMENDMENTS.—Section 919(b) of 

8 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

9 387s(b)) is amended— 

10 (1) in paragraph (2)(B)(II), by inserting ‘‘, but 

11 excluding traditional large and premium cigars (as 

12 such term is defined under section 901(c)(3)’’ before 

13 the period; and 

14 (2) in paragraph (5) by inserting ‘‘subject to 

15 section 901(c)(3),’’ before ‘‘if a user fee’’. 

Æ 


emcdonald on DSK2BSOYB1PROD with BILLS
EXHIBIT 23.0

                          INDEPENDENT AUDITORS' CONSENT

The Board of Directors
Enzon Pharmaceuticals, Inc.:

We consent to the incorporation by reference in the Registration Statement Nos.
333-101898, 333-64110, and 333-18051 on Form S-8 and Registration Statement Nos.
333-01535, 333-32093, 333-46117, 333-58269,333-30818 and 333-67506 on Form S-3
of Enzon Pharmaceuticals, Inc. of our report dated August 13, 2003 relating to
the consolidated balance sheets of Enzon Pharmaceuticals, Inc. and subsidiaries
as of June 30, 2003 and 2002 and the related consolidated statements of
operations, stockholders' equity, and cash flows for each of the years in the
three-year period ended June 30, 2003, and the related consolidated financial
statement schedule, which report appears in the June 30, 2003 annual report on
Form 10-K of Enzon Pharmaceuticals, Inc.


/s/ KPMG LLP

Short Hills, New Jersey
September 29, 2003


                                      E-8