alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 9, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41394

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JESUS JOSE AGUERO,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas 

USDC No. 7:04-CR-466-1

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

Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Jesus Jose Aguero

raises arguments that are foreclosed by United States v.

Slaughter, 238 F.3d 580, 582-84 (5th Cir. 2000), which held that

Apprendi v. New Jersey, 530 U.S. 466 (2000), did not render 21

U.S.C. § 841 unconstitutional on its face. The Government’s

motion for summary affirmance is GRANTED, and the judgment of the

district court is AFFIRMED.
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



I, Brett White, 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 of Corio, Inc. on Form 10-Q for the
quarter ended September 30, 2004, fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and that information
contained in such Quarterly Report on Form 10-Q fairly presents in all material
respects the financial condition and results of operations of Corio, Inc. A
signed original of this written statement required by Section 906 has been
provided to Corio, Inc. and will be retained by Corio, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.







|Date: November 12, 2004 | /s/    Brett
White
|----------------------- | ------------------
|                        |                   

---
#### EDWARDS v. STATE.

No. 26434.

Court of Criminal Appeals of Texas.

May 13, 1953.

Rehearing Denied June 24, 1953.

See, also, Tex.Cr.App., 261 S.W.2d 166.

Harvey C. Ford, Dallas! for appellant.

Wesley Dice, State’s Atty., of Austin, for the State.

DAVIDSON, Commissioner.

To the charge of theft from the person, appellant waived trial by jury, pleaded guilty, and was assessed a penalty of 'two years in the penitentiary by the court.

The statutory requisites of waiver of jury trial and plea of guilty were complied with. Art. 10a, Vernon’s Ann.C.C.P.

By motion for new trial, appellant sought to show that he was overreached in entering his plea of guilty and waiving trial by jury. The trial court heard evidence relative to such allegation, and overruled the motion.

The facts so adduced are before us in a statement of facts upon motion for new trial.

It would serve no useful purpose to here state those facts. It is sufficient ti> say that the trial court’s action was warranted.

The judgment of the trial court is affirmed. '

Opinion approved by the Court,

On Motion for Rehearing

GRAVES, Presiding Judge.

Appellant has filed a motion for, rehearing herein which evidences his dissatisfaction with the original opinion here! tofore handed down because, as alleged by him, the testimony adduced on his trial does not show that a theft from the person of the officer was committed. As we gath-1 er'from his motion, he expects us to review the statement of facts herein as evidencing a lack of evidence shown therefrom. There is no statment of facts found in the record, either in this cause or in the companion case, Tex.Cr.App., 261 S.W.2d 166, and wé are not apprised of the facts that were adduced upon the trial hereof. In this cause *166appellant received a penalty of two years in the state penitentiary, he being charged herein with theft from the person. In the absence of a statement of facts, we are unable to tell what the facts are. The proceedings otherwise appear to be regular. ,

The original opinion herein seems to have properly disposed of the matter, and the motion for rehearing is therefore overruled.
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 on
Form 10-Q of SpeechWorks International, Inc. (the Company) for the period ended March 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Richard J. Westelman, Chief
Financial 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: May 15, 2003
|                   
|                   



A signed
original of this written statement required by Section 906 has been provided to SpeechWorks International, Inc. and will be be retained by SpeechWorks International, Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
#### MARY HELEN COAL CORP. v. LAYNE et al.

Court of Appeals of Kentucky.

Jan. 29, 1954.

James Sampson, Edward G. Hill, Harlan, for appellant.

George R. Pope, Harlan, for appellee.

’ PER CURIAM. /

This is a motion for an appeal from a judgment-of the'Harlan Circuit 'Court sustaining an award of the Workmen’s Com*260pensation Board. The total amount of the award being less than $2,500, no written opinion is required unless an examination of the record indicates that the appeal should be granted and the judgment reversed. KRS 21.080.

Upon the authority of Kentucky Fluorspar Co. v. Wolford, 263 Ky. 471, 92 S.W.2d 753, and York v. City of Hazard, 301 Ky. 306, 191 S.W.2d 239, we think the injury was compensable.

We also conclude that there was sufficient evidence to sustain the finding of the Board that appellee’s injury resulted in 5% permanent partial disability to the body as a whole.

The motion for appeal is overruled and the judgment is affirmed.
**Exhibit 32.1**

 

CERTIFICATIONS PURSUANTTO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

I, David T. Gulian, the Chief ExecutiveOfficer of InfoLogix, Inc. (the “Company”), hereby certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

·       the Form 10-K/A of the Company for the year endedDecember 31, 2006 as filed with the Securities and Exchange Commission onthe date hereof (the “Form 10-K”), fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78m or 78o(d)); and

 

·       the information contained in the Form 10-K/A fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

Dated: February 8, 2008

 
| /s/ David T.  Gulian                  |   |
|---------------------------------------|--------|
| David T. Gulian                       |
| President and Chief Executive Officer |

 

----
Exhibit 32.1



Certification of the Chief Executive Officer

Pursuant to 18 U.S.C. Section 1350,

As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



In connection with the quarterly report of BidGive International, Inc. (the Company) on Form 10-QSB for the period ended June 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), James P. Walker, Jr., the Chief Executive Officer of the Company, hereby certifies, pursuant to Exchange Act Rule 13a-14(b) or 15d-14(b) and 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/ James P. Walker, Jr.

Chief Executive Officer

Date:  August 22, 2007
#### Augustine ACOSTA, Appellant, v. The STATE of Texas, Appellee.

No. 28319.

Court of Criminal Appeals of Texas.

May 9, 1956.

*931• No attorney for appellant of record on appeal.

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

PER CURIAM.

The offense is the unlawful sale of beer in a dry area; the punishment, a fine of $500.

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.
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - [FRL 11779-01-R3]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice of final order on petition.

# SUMMARY:

The Environmental Protection Agency (EPA) Administrator signed an order dated February 7, 2024, granting a petition dated September 26, 2023 from the Environmental Integrity Project, the Clean Air Council, and PennFuture. The petition requested that the EPA object to a Clean Air Act (CAA) title V operating permit issued by the Allegheny County Health Department (ACHD) to the U.S. Steel Mon Valley Works Edgar Thompson Plant (U.S. Steel, Edgar Thompson) for its steel production facility located in Braddock, Allegheny County, Pennsylvania.

# FOR FURTHER INFORMATION CONTACT:

                        Mr. David Talley, EPA Region 3, (215) 814-2117,                         *talley.david@epa.gov.*                         The final order and petition are available electronically at:                         *www.epa.gov/​title-v-operating-permits/​title-v-petition-database.*

# SUPPLEMENTARY INFORMATION:

The EPA received a petition from the Environmental Integrity Project, the Clean Air Council, and PennFuture dated September 26, 2023, requesting that the EPA object to the issuance of operating permit no. 0051-OP23, issued by ACHD to U.S. Steel, Edgar Thompson in Braddock, Allegheny County, Pennsylvania.

On February 7, 2024, the EPA Administrator issued an order granting the petition.

The order itself explains the basis for the EPA's decision.

Cristina Fernández,

Director, Air and Radiation Division, Region III.

[FR Doc. 2024-04428 Filed 3-1-24; 8:45 am]

BILLING CODE 6560-50-P
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 207 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 207

To clarify that schools and local educational agencies participating in 
 the school lunch program under the Richard B. Russell National School 
 Lunch Act are authorized to donate excess food to local food banks or 
                       charitable organizations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2011

 Mr. Petri (for himself, Mr. Wolf, and Mr. Young of Alaska) introduced 
 the following bill; which was referred to the Committee on Education 
                           and the Workforce

_______________________________________________________________________

                                 A BILL

 
To clarify that schools and local educational agencies participating in 
 the school lunch program under the Richard B. Russell National School 
 Lunch Act are authorized to donate excess food to local food banks or 
                       charitable organizations.

    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 ``School Food Recovery Act''.

SEC. 2. FOOD DONATION PROGRAM.

    Section 9 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1758) is amended by adding at the end the following:
    ``(l) Food Donation Program.--
            ``(1) In general.--Each school and local educational agency 
        participating in the school lunch program under this Act may 
        donate any food not consumed under such program to eligible 
        local food banks or charitable organizations.
            ``(2) Guidance.--
                    ``(A) In general.--Not later than 180 days after 
                the date of the enactment of this subsection, the 
                Secretary shall develop and publish guidance to schools 
                and local educational agencies participating in the 
                school lunch program under this Act to assist such 
                schools and local educational agencies in donating food 
                under this subsection.
                    ``(B) Updates.--The Secretary shall update such 
                guidance as necessary.
            ``(3) Liability.--Any school or local educational agency 
        making donations pursuant to this subsection shall be exempt 
        from civil and criminal liability to the extent provided under 
        the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 
        1791).
            ``(4) Definition.--In this subsection, the term `eligible 
        local food banks or charitable organizations' means any food 
        bank or charitable organization which is exempt from tax under 
        section 501(c)(3) of the Internal Revenue Code of 1986 (26 
        U.S.C. 501(c)(3)).''.
                                 <all>
```
EXHIBIT 32.1





CERTIFICATE PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report on Form 10-Q of PVH Corp. (“the Company”) for the quarterly period ended August 4, 2013 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Emanuel Chirico, Chairman and Chief Executive Officer of the Company, certify, pursuant to section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:





|    |                                                                                                                      
|--- | ---------------------------------------------------------------------------------------------------------------------
|(i) | the Report fully complies with the requirements of Section 13(a) or 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:September 12, 2013By:/s/ EMANUEL CHIRICOName:Emanuel ChiricoChairman and Chief Executive 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 PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002,

18 U.S.C. SECTION 1350

I, Bruce J. Klatsky, Chairman and Chief Executive Officer of Phillips-Van Heusen Corporation (the "Company"), certify, pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1)  the Quarterly Report on Form 10-Q for the quarterly period ended August 1, 2004 (the "Periodic 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 Periodic Report fairly presents, in all material respects, the financial condition and results of
operations of the Company.

|Dated:  September 8, 2004 | /s/ Bruce J. Klatsky
|------------------------- | --------------------

Bruce J. Klatsky

Chairman and Chief

Executive Officer
Exhibit 4.329

 

/Emblem of the Russian Federation/

 

FEDERAL SERVICE FOR SUPERVISION IN THE SPHERE OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND MASS MEDIA

 

LICENSE

 

No. 161957 dated July 10, 2018

 

For Rendering

 

local telephone communication services

 

using payphones

 

This License is granted to

 

Public Joint Stock Company

 

“Moscow City Telephone Network”

 

Primary State Registration Number of a Legal Entity 
 (Individual Entrepreneur) (OGRN, OGRNIP)

 

1027739285265

 

Tax Identification Number (TIN)

 

7710016640

 











 

Location address (place of residence):

 

119017, Moscow, Bolshaya Ordynka St., 25, bld. 1

 

The territory covered by telecommunications services is specified in the Appendix.

 

This License is granted for a term:

 

until July 10, 2023.

 

This License is granted by decision of the licensing body - Order dated February 06, 2018 No. 53-рчс

 

Appendix being an integral part of this license is executed on 2 sheets.

 

	
Deputy Head

 
    	
/signature/ O.A.   Ivanov
    
	
Stamp here

Official seal:

MINISTRY OF TELECOM AND MASS

COMMUNICATIONS

OF THE RUSSIAN FEDERATION

FEDERAL SERVICE FOR SUPERVISION

IN THE SPHERE

OF COMMUNICATIONS, INFORMATION

TECHNOLOGY

AND MASS MEDIA

PSRN 1087746736296
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE CORIO,
INC. FORM 10-Q FOR THE PERIOD ENDED JUNE 30, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             APR-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          46,327
<SECURITIES>                                         0
<RECEIVABLES>                                    8,915
<ALLOWANCES>                                     (765)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                57,416
<PP&E>                                          35,150
<DEPRECIATION>                                 (8,450)
<TOTAL-ASSETS>                                  57,416
<CURRENT-LIABILITIES>                           38,179
<BONDS>                                              0
<PREFERRED-MANDATORY>                           54,460
<PREFERRED>                                         30
<COMMON>                                             3
<OTHER-SE>                                     (8,334)
<TOTAL-LIABILITY-AND-EQUITY>                    90,793
<SALES>                                              0
<TOTAL-REVENUES>                                10,393
<CGS>                                                0
<TOTAL-COSTS>                                   15,403
<OTHER-EXPENSES>                                23,762
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 366
<INCOME-PRETAX>                               (29,138)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (29,138)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (29,138)
<EPS-BASIC>                                  (14.52)
<EPS-DILUTED>                                  (14.52)


</TABLE>
UN PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 6234

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. DANA MORRIS , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of Virginia , at Newport News

. Arenda L. Wright Allen , District Judge. ( 4:16

- cr - 00004

- AWA

- RJK

- 1 )

Submitted : July 19, 2018 Decided: July 23, 2018

Before WILKINSON, MOTZ, and AGEE , Circuit Judges.

Affirmed by un published per curiam opinion

.

Dana Morris , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Dana Morris appeals the district court’s order denying her motion to reconsider a prior order denying Morris’s motion to amend the re stitution order that was entered as part of her criminal sentence . We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v.
Morris , No. 4:16

- cr - 00004

- AWA

- RJK

- 1 (E.D. Va. Feb. 21, 2018) . We 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.

AFFIRMED
Exhibit 13.1

Certification by the Principal Executive Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with this Amendment No.1 to the Annual Report of China Techfaith Wireless Communication Technology Limited (the Company) on Form 20-F for the year ended December 31, 2015 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Defu Dong, 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 to 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 results of operations of the Company.



|                        |  |                        
|----------------------- |  | -----------------------
|Date: December 30, 2016
|                        | 
|By:                     |  | /s/ Deyou Dong         
|Name:                   |  | Deyou Dong             
|Title:                  |  | Chief Executive Officer