alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-7595

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BERNARD GIBSON, SR., a/k/a Bernard Willis,

Defendant - Appellant.

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. Peter J. Messitte, Senior District 

Judge. (8:94-cr-00454-PJM-2; 8:13-cv-01825-PJM)

Submitted: December 17, 2013 Decided: December 20, 2013

Before KING, GREGORY, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bernard Gibson, Sr., Appellant Pro Se. Stuart A. Berman, Chan 

Park, Assistant United States Attorneys, Greenbelt, Maryland, 

Sandra Wilkinson, Assistant United States Attorney, Baltimore, 

Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Bernard Gibson, Sr., seeks to appeal the district 

court’s order dismissing his “Motion for Relief in the Interest 

of Justice Under Section 2255(f)(3) of Title 28 (second-intime)” as a successive and unauthorized habeas motion, and 

denying his subsequent Fed. R. Civ. P. 59(e) motion. The orders

are not appealable unless a circuit justice or judge issues a 

certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). 

A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2006). When the district court denies 

relief on the merits, a prisoner satisfies this standard by 

demonstrating that reasonable jurists would find that the 

district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 

When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the motion states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. 

at 484-85. 

We have independently reviewed the record and conclude 

that Gibson has not made the requisite showing. Accordingly, we 

deny a certificate of appealability and dismiss the appeal. We 
3

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
#### JOHN M. GROTTOLE ET AL. *v.*FRANK DEMILO ET AL.

(14675)

Dupont, C. X, and Landau and Spear, Js.

Argued December 12, 1995

decision released January 23, 1996

*910
      *Janine M. Becker,*with whom, on the brief, was *Daniel Shepro,*for the appellants (defendants).

*Francis C. Vignati,*for the appellees (plaintiffs).

PER CURIAM.

The judgment is affirmed, and the case is remanded for the purpose of setting a new law day.
March
      30,
      2007







Frank
      A.
      Martin


I-TRAX,
      INC.


40
      Burton
      Hills Boulevard, Suite 200


Nashville,
      TN 37215








Dear
      Mr.
      Martin:





Bank
      of
      America, N.A. has extended the availability period for your $14,000,000.00
      Line
      of Credit documented by the Promissory Note dated March 19, 2004 (including
      any
      previous amendments, the “Agreement”). The availability period shall now expire
      on April 1, 2008.





This
      extension shall not constitute a commitment to extend the availability period
      of
      the Agreement beyond the date specified above. All other terms and conditions
      of
      the Agreement shall remain in full force and effect.





I
      also
      want to take this opportunity to thank you for your business. I believe we
      can
      continue to provide your company with the same high level of customer service
      and expertise.





Please
      feel free to contact your Client Manager, Kirk Porter at ( 615)
      749-3137 i f
      you
      have any questions.





Bank
      of
      America, N.A.











By: /s/
      Paula Davis


Paula
      Davis, Officer


Loan
      Administrator III
II 

Calendar No. 480 

112TH CONGRESS 

2D SESSION H. R. 1560 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2011 

Received; read twice and referred to the Committee on Indian Affairs 

JULY 31, 2012 

Reported by Mr. AKAKA, without amendment 

AN ACT 

To amend the Ysleta del Sur Pueblo and Alabama and 

Coushatta Indian Tribes of Texas Restoration Act to 

allow the Ysleta del Sur Pueblo Tribe to determine blood 

quantum requirement for membership in that tribe. 

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

3 SECTION 1. BLOOD QUANTUM REQUIREMENT DETER4 MINED BY TRIBE. 

5 Section 108(a)(2) of the Ysleta del Sur Pueblo and 

6 Alabama and Coushatta Indian Tribes of Texas Restora7 tion Act (25 U.S.C. 1300g–7(a)(2)) is amended to read 

8 as follows: 


srobinson on DSK4SPTVN1PROD with BILLS
2 

HR 1560 RS 

1 ‘‘(2) any person of Tigua Ysleta del Sur Pueblo 

2 Indian blood enrolled by the tribe.’’. 

Passed the House of Representatives December 7, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


srobinson on DSK4SPTVN1PROD with BILLS

srobinson on DSK4SPTVN1PROD with BILLS
Calendar No. 480 

112TH CONGRESS 

2D SESSION H. R. 1560 

AN ACT 

To amend the Ysleta del Sur Pueblo and Alabama 

membership in that tribe. to determine blood quantum requirement for tion Act to allow the Ysleta del Sur Pueblo Tribe and Coushatta Indian Tribes of Texas RestoraJULY 31, 2012 

Reported without amendment 


srobinson on DSK4SPTVN1PROD with BILLS
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1717 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1717

To require that, in cases in which the annual trade deficit between the 
  United States and another country is $10,000,000,000 or more for 3 
 consecutive years, the President take the necessary steps to create a 
         more balanced trading relationship with that country.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2011

  Ms. Kaptur introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To require that, in cases in which the annual trade deficit between the 
  United States and another country is $10,000,000,000 or more for 3 
 consecutive years, the President take the necessary steps to create a 
         more balanced trading relationship with that country.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Balancing Trade Act of 2011''.

SEC. 2. ACTION BY THE PRESIDENT IN CASES OF LARGE CONSECUTIVE ANNUAL 
              TRADE DEFICITS WITH OTHER COUNTRIES.

    (a) Action by the President.--If in 3 consecutive calendar years 
the United States has a trade deficit with another country of 
$10,000,000,000 or more, the President shall take the necessary steps 
to create a trading relationship with the country that would eliminate 
or substantially reduce that trade deficit, by entering into an 
agreement with that country or otherwise.
    (b) Definition.--In this section, the term ``trade deficit'' means, 
with respect to the United States and another country, that the value 
of goods and services that are products of that country and are 
imported into the United States from that country exceeds the value of 
goods and services that are products of the United States and are 
exported from the United States to that country.
    (c) Reports.--
            (1) Initial report.--Not later than 3 months after the date 
        of the enactment of this Act, the President shall submit to the 
        Congress a report setting forth--
                    (A) the likely reasons for the trade deficits with 
                each country to which subsection (a) applies, as of the 
                date of the report; and
                    (B) the steps the President intends to take under 
                subsection (a) with respect to each such country.
            (2) Annual reports.--The President shall submit to the 
        Congress, not later than December 31 of each year, a report on 
        actions taken to carry out this section.
                                 <all>
```
<PAGE>


                                   EXHIBIT 11


EXHIBIT (11)
COMPUTATION OF EARNINGS PER SHARE
(Dollars in thousands, except per share amounts)


<TABLE>
<CAPTION>

                                                                                               Year Ended June 30,
                                                                     ---------------------------------------------------------------
                                                                             1997                     1996                     1995
<S>                                                                         <C>                     <C>                      <C>    
------------------------------------------------------------------------------------------------------------------------------------
DATA AS TO EARNINGS:
Income (loss)                                                               4,876                   (5,001)                  (1,618)
Less: preferred stock dividends                                            (2,755)                  (2,307)                  (2,080)
------------------------------------------------------------------------------------------------------------------------------------
Income (loss) applicable to common and
  common equivalent shares                                                  2,121                   (7,308)                  (3,698)
------------------------------------------------------------------------------------------------------------------------------------
DATA AS TO NUMBER OF COMMON SHARES:
Weighted average shares outstanding                                    15,087,347               15,039,391               14,977,248
Common equivalent shares relating to
  contingent issuance                                                      48,250                                            35,877
------------------------------------------------------------------------------------------------------------------------------------
Average number of common shares and
  common share equivalents                                             15,135,597               15,039,391               15,013,125
====================================================================================================================================
PRIMARY EARNINGS PER COMMON SHARE:
Net income (loss)                                                     $      0.14              $     (0.49)             $     (0.25)
====================================================================================================================================
EARNINGS PER COMMON SHARE AND COMMON
  SHARE EQUIVALENT (Note 1 below)
Net income (loss)                                                     $      0.14              $     (0.49)             $     (0.25)
====================================================================================================================================
</TABLE>

Note 1:  Common share equivalents in the aggregate dilute the primary earnings
         per common share by less than 3 percent.



<PAGE>
**EXHIBIT      10.30**

**COMMUNICATION      INTELLIGENCE CORPORATION**

**STOCK      OPTION AGREEMENT**

|   | Date                of Grant: Total                Number of Non-Qualified                      Shares Underlying Grant: Exercise                price per share  Expiration                Date: |   |   |   |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|--------|--------|

**Please      see the Stock Option Vesting Schedule attached hereto as Exhibit      B**

----

----

|  **ACCEPTED:**           |   | **COMMUNICATION                INTELLIGENCE CORPORATION**                             |
|-------------------------------|--------|---------------------------------------------------------------------------------------|
|                          |   |                                                                                  |
| Optionee                 |   | By:                Francis V. Dane Vice                President Human Resources |
| Address                  |   | Title                                                                                 |
| City                State Zip |   |                                                                                  |

----

**COMMUNICATION      INTELLIGENCE CORPORATION**

**STOCK      OPTION EXERCISE NOTICE**

|  Number                of Shares:     |                          |
|--------------------------------------------|-------------------------------|
|  Exercise                Price:       |  $                  |
|  Total                Purchase Price: |  $                       |

|   | The                SecretaryCommunication                Intelligence Corporation275                Shoreline Drive, Suite 500Redwood                Shores, CA 94065 |   |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|

|                                 |
|--------------------------------------|
| Dated                                |
|                                 |
| Signature                            |
|                                 |
| Typed                or Printed Name |

|   |   |   |
|--------|--------|--------|
|   |   |   |
|   |   |   |
##### 



EXHIBIT 32.1

AT ROAD, INC.

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 At Road, Inc. (the Company) on
Form 10-Q for the quarter ended September 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Krish
Panu, Chief Executive 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/ Krish Panu
Krish Panu
Chief Executive Officer

November 14, 2003
1

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Edward Valdes v. The State of Texas 

Appellate case number: 01-19-00134-CR

Trial court case number: 1541542

Trial court: 177th District Court of Harris County

On June 18, 2019, appellant, Edward Valdes, filed his brief in this appeal. 

Appellant has filed a motion for leave to file an amended brief along with his amended 

brief. The motion is granted.

The State’s motion to seal or strike the appellant’s brief, filed on June 18, 2019, is 

dismissed as moot.

It is so ORDERED.

Judge’s signature:___/s/ Julie Countiss_____

 Acting individually  Acting for the Court

Date: ___July 23, 2019____
#### In re Terry Joe RICHARDET, a Minor. Virgie A. PALMER (nee Weaver), Petitioner, v. Mr. Vince RICHARDET and Mrs. Vince Richardet, Respondents.

No. 29244.

St. Louis Court of Appeals. Missouri.

June 14, 1955.

*473Harry A. Levi, Helaire F. Chenot, St. Louis, for petitioner.

Curt Vogel, Perryville, for respondents.

PER CURIAM.

On February 14, 1955 the court, of its own motion and by an order duly entered of record, referred this case to Commissioner Norwin D. Houser to take evidence in the case, with full power and authority to swear witnesses and', thereafter to report the evidence to the court with his Findings of Fact and Declarations of Law, together with his Recommendations. Pursuant to such order a hearing was had and concluded, the testimony of numerous witnesses was transcribed and the Commissioner in due course filed his report. Thereafter, petitioner filed her written exceptions, which were argued before the entire court.

After reading the transcript of the testimony, examining the exhibits filed therewith, and carefully considering the Commissioner’s Findings of Fact, Declarations of Law, Conclusions and Recommendations, together with petitioner’s exceptions and the arguments of counsel in connection therewith, we are convinced that the Commissioner reached the correct and proper conclusion in the case, and wp therefore, adopt his report as the opinion of the court. It is, accordingly, ordered that the petition be denied and that the custody of. Terry Joe Richardet be awarded to respondents Mr. & Mrs.- Vince Richardet, to whom he should be remanded, reserving to petitioner Virgie .Palmer the privilege of visiting with the child from the hour of 12 o’clock noon .until the hour of 7 o’clock P.M. on the first and third Saturdays of each month at the home of respondents in Perryville, Missouri, or at such other places in Perry County, Missouri as respondents may determine, provided that such visits ■ shall in no event take place at times which will interfere with the education or health of the child; and that at no time shall petitioner Virgie Palmer take the child outsidé the confines of Perry County, Missouri without the written consent of respondents, and that at no time shall she take him into any saloon or tavern.

ANDERSON, P. J., MATTHES, J., and WALTER E. BAILEY, Special Judge, concur.
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 16-13604

Non-Argument Calendar

________________________

D.C. Docket No. 8:13-cr-00035-SDM-EAJ-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

WENDELL CARSON, III,

 Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Middle District of Florida

________________________

(February 24, 2017)

Before HULL, WILSON and JULIE CARNES, Circuit Judges.

PER CURIAM:

Case: 16-13604 Date Filed: 02/24/2017 Page: 1 of 2 
2

Donna Lee Elm, appointed counsel for Wendell Carson, III, in this direct 

criminal appeal, has moved to withdraw from further representation of the 

appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). 

Our independent review of the entire record reveals that counsel’s assessment of 

the relative merit of the appeal is correct. Because independent examination of the 

entire record reveals no arguable issues of merit, counsel’s motion to withdraw is 

GRANTED, and Carson’s revocation of supervised release and sentence are 

AFFIRMED.

Case: 16-13604 Date Filed: 02/24/2017 Page: 2 of 2
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 of BOE Financial Services, Inc. (the Company) on Form 10-QSB for the periods ending September 30, 2003
as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
that, to the best of his knowledge: (1) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a) or 780(d)); and (2) the information contained in the Report fairly
presents, in all material respects, the financial condition and results of operations of the Company as of September 30, 2003, and for the periods then ended.



|                                              
|----------------------------------------------
|/s/    George M. Longest, Jr.                 
|                                              
|George M. Longest, Jr. Chief Executive
Officer



|                                       
|---------------------------------------
|/s/    Bruce E. Thomas                 
|                                       
|Bruce E. Thomas Chief Financial
Officer



November 14, 2003



Page: 19
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 20 - 0505

_________________ JOEL WALBERG,

Petitioner and Appellant, v. STATE OF MONTANA,

Respondent and Appellee. O R D E R

_________________ Upon revi ew of the Appellant ’s Second Motion for Additional Time for Filing Opening Brief, and there being no objection, IT IS ORDERED that the Appellant is GRANTED an additional thirty (30) days from the original due date to file the Opening Brief. The Opening B rief will be due February 22, 2021.

Electronically signed by: Beth Baker Justice, Montana Supreme Court January 20 2021

01/20/2021
Case Number: DA 20-0505
##### 



Exhibit 32(b) 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 Interphase Corporation (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, Steven P. Kovac, 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: (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/ Steven P. Kovac Steven P. Kovac
Chief Financial Officer
March 18, 2005