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

September 4, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-60048

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

CHRISTOPHER SANDS

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 2:06-CR-23-ALL

Before REAVLEY, SMITH and BARKSDALE, Circuit Judges.

PER CURIAM:*

Christopher Sands was convicted by a jury of being a felon in possession

of a firearm, in violation of 18 U.S.C. § 922(g) and was sentenced to 120 months

of imprisonment. He challenges the sufficiency of the evidence to support his

conviction. This court reviews his sufficiency challenge to see whether a

reasonable trier of fact could have found that the evidence established guilt

beyond a reasonable doubt, viewing the evidence in the light most favorable to

the Government, giving the Government the benefit of all reasonable inferences
No. 07-60048

2

and credibility choices. See United States v. Bell, 678 F.2d 547, 549 (5th Cir.

1982) (en banc); see also United States v. Inocencio, 40 F.3d 716, 724 (5th Cir.

1994). 

Sands does not challenge the Government’s proof on any of the elements

of the offense; instead, he contends that the evidence establishes that he was

forced to handle a gun to defend himself and that he therefore cannot be guilty

as a matter of law. The defense of justification was presented to the jury and

included in the court’s jury instructions. Viewing the evidence in the light most

favorable to the prosecution, the evidence was sufficient to support a finding of

guilt and a rejection of the theory of justification. Specifically, reasonable jurors

could rationally conclude that Sands did not possess the gun in self defense

because there was no imminent danger of harm and/or because he placed himself

in danger based on eyewitness testimony that the victim did not have a gun

prior to or after the shooting; eyewitness testimony that only one or two shots

were fired, and two bullets were recovered from the victim’s body; the fact that

no gun other than Sands’ was discovered at the crime scene; the fact that the .32

caliber gun Sands’ mother surrendered to police three days after the event,

which gun was purportedly the victim’s, did not match the .34 caliber spent

casing officers recovered from the scene; and Sands’ own admission to

investigating officers immediately following the incident that he was the first to

pull a gun, not the victim. 

The essence of Sands’ argument on appeal is that the jury should have

accepted his version of events, which established all of the required elements of

the justification defense. However, this court will not reweigh the evidence or

second-guess the jury’s credibility determinations. United States v. Mathes,

151 F.3d 251, 252 (5th Cir. 1998). 

The district court’s judgment is AFFIRMED.
Exhibit 23.1



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We consent to the incorporation by reference in the Registration Statements (Form S-8 Nos. 333-91043, 333-60920, 333-88070, and 333-114481) pertaining to the 1999, 2000, 2001, 2002, and 2003 Incentive Stock Option Plans As Amended, of our report dated March 4, 2005, with respect to the consolidated financial statements of Stockgroup Information Systems Inc. in the Annual Report (Form 10-KSB) for the year ended December 31, 2004.





/s/ Ernst & Young LLP



Vancouver, Canada



March 17, 2005

Chartered Accountants
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.                  

###### Department of Labor

###### Employment and Training Administration

          - [NAFTA-04107 and NAFTA-04107A]

                    In accordance with Section 250(a), Subchapter D, Chapter 2, Title II, of the Trade Act of 1974, as amended (19 USC 2273), the Department of Labor issued a Certification of Eligibility to Apply for NAFTA Transitional Adjustment Assistance on September 20, 2000, applicable to workers of American Bag Corporation, Stearns, Kentucky. The notice was published in the                     **Federal Register**                     on October 12, 2000 (65 FR 60687).                

At the request of the company, the Department reviewed the certification for workers of the subject firm. The company reports that worker separations occurred at the Winfield, Tennessee facility of American Bag Corporation. The workers are engaged in the production of air bags.

The intent of the Department's certification is to include all workers of American Bag Corporation affected by increased imports from Canada and Mexico. Accordingly, the Department is amending the certification to include workers of American Bag Corporation, Winfield, Tennessee.

The amended notice applicable to NAFTA-04107 is hereby issued as follows:

All workers of American Bag Corporation, Stearns, Kentucky (NAFTA-04107) and Winfield, Tennessee (NAFTA-04107A) who became totally or partially separated from employment on or after August 23, 1999 through September 20, 2002, are eligible to apply for NAFTA-TAA under Section 250 of the Trade Act of 1974.

Signed in Washington, DC, this 23rd day of October, 2000.

Linda G. Poole,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. 00-28030  Filed 10-31-00; 8:45 am]

BILLING CODE 4510-30-M
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3503 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3503

To authorize the award of the Distinguished Service Cross to Robert L. 
            Towles for acts of valor during the Vietnam War.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2013

 Mr. Ryan of Ohio introduced the following bill; which was referred to 
                    the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To authorize the award of the Distinguished Service Cross to Robert L. 
            Towles for acts of valor during the Vietnam War.

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

SECTION 1. AUTHORITY FOR AWARD OF THE DISTINGUISHED SERVICE CROSS TO 
              SPECIALIST FOUR ROBERT L. TOWLES FOR ACTS OF VALOR DURING 
              THE VIETNAM WAR.

    (a) Waiver of Time Limitations.--Notwithstanding the time 
limitations specified in section 3744 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the Armed Forces, the Secretary of the 
Army may award the Distinguished Service Cross under section 3742 of 
that title to Robert L. Towles for the acts of valor referred to in 
subsection (b).
    (b) Action Described.--The acts of valor referred to in subsection 
(a) are the actions of Specialist Four Robert L. Towles, on November 
17, 1965, as a member of the United States Army serving in the grade of 
Specialist Four during the Vietnam War while serving in Company D, 2d 
Battalion, 7th Cavalry, 1st Cavalry Division, for which he was 
originally awarded the Bronze Star with ``V'' Device.
                                 <all>
```
#### CAMPBELL v. STATE.

No. 22479.

Court of Criminal Appeals of Texas.

April 14, 1943.

Earl Shelton, of Austin, for appellant.

Spurgeon E. Bell, State’s Atty., of Austin, for the State.

BEAUCHAMP, Judge.

Appellant pleaded guilty in the District Court of Travis County to a charge of burglary and was sentenced to five years in the State Penitentiary.

The appeal is before the court without bills of exception and without a statement of facts. The procedure is regular.

The judgment of the trial court is affirmed.
<PAGE>


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 Advanta Corp. (the
"Company") for the quarterly period ended March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Philip
M. Browne, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

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

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


/s/ Philip M. Browne
-------------------------
Philip M. Browne
Chief Financial Officer
May 14, 2003
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-16-00764-CV

In re Trustees of the TEL Offshore Trust

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

Having reviewed the petition for writ of mandamus, the response, the reply, and the

record, we deny the petition. We dismiss as moot relators’ motion for emergency stay.

1

__________________________________________

Bob Pemberton, Justice

Before Justices Puryear, Pemberton, and Field

Filed: November 16, 2016

 See Tex. R. App. P. 52.8(a).

1
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

ROBERT FLETCHER, )

)

Appellant, )

)

v. ) Case No. 2D16-2035

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed November 2, 2018.

Appeal from the Circuit Court for Pinellas 

County; Michael F. Andrews, Judge.

Howard L. Dimmig, II, Public Defender, and 

Tosha Cohen, Assistant Public Defender, 

Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, 

Tallahassee, for Appellee.

PER CURIAM.

Affirmed. 

VILLANTI, SLEET, and ROTHSTEIN-YOUAKIM, JJ., Concur.
#### GILLIAN et ux. v. DAY et al.

No. A-33.

Supreme Court of Texas.

Oct. 11, 1944.

Dick Young and P. Harvey, both of Houston, for plaintiff in error.

Albert J. DeLange, Frank A. Stamper, and Robert P. Beman, Jr., all of Houston, for defendant in error.

CRITZ, Justice.

The original opinion of the Court of Civil Appeals in this proceeding is reported in 181 S.W.2d 327. We refer to that opinion for a sufficient statement of the facts and issues involved.

As is shown by the opinion of the Court of Civil Appeals, this is an appeal from an interlocutory order of a district court of Harris County, Texas. It was entered in a case pending in that court on application of W. C. Day and Albert Turner. It restrained Richard C. Gillian and wife from prosecuting a certain forcible detainer suit then pending in a justice court in Harris County, Texas, until the above-mentioned suit then pending in the district court should be finally disposed of. It now appears that the cause in the district court has been finally tried, and that the judgment entered therein has been affirmed by the Court of Civil Appeals. 179 S.W.2d 57S. Writ of error in such cause has been finally denied by this Court. The final judgment in the cause in the district court fully and finally disposes of all of the parties and issues involved ' in both causes above mentioned. It follows that this injunction proceeding is now moot.

It is therefore ordered that the judgments of the two lower courts in this injunction proceeding be both reversed and set aside, and that this injunction proceeding be dismissed.
(LOGO)KPMG Peat Marwick LLP

700 Louisiana          Telephone 713 319 2000    
Houston, TX 77002      Telex 286705 PMMT UR (RCA)       Fax 713 319 2041
                

                          INDEPENDENT AUDITORS' REPORT


Chairman of the Board 
Equivantage Inc.:

We have examined management's  assertion about Equivantage Inc.'s (the Company)
compliance  with the  minimum  servicing  standards  set  forth in the  Mortgage
Bankers  Association  of  America's  UNIFORM  SINGLE  ATTESTATION  PROGRAM  FOR
MORTGAGE BANKERS as of and for the year ended December 31, 1997, included in the
accompanying  management assertion.  Management is responsible for the Company's
compliance with those minimum  servicing  standards.  Our responsibility is to
express an opinion on  management's  assertion  about the  Company's  compliance
based on our examination.

Our  examination  was  made in  accordance  with  standards  established  by the
American  Institute of Certified Public Accountants and,  accordingly,  included
examining,  on a test basis,  evidence about the Company's  compliance  with the
minimum  servicing   standards  and  performing  such  other  procedures  as  we
considered  necessary  in the  circumstances.  We believe  that our  examination
provides a reasonable basis for our opinion.  Our examination does not provide a
legal  determination  on the  Company's  compliance  with the minimum  servicing
standards.

In our opinion, management's assertion that EquiVantage Inc. has complied in all
material respects with the aforementioned  minimum servicing standards as of and
for the year  ended  December  31,  1997,  is  fairly  stated,  in all  material
respects.


/s/KPMG Peat Marwick LLP

February 16, 1998
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-6856

HAYER SIMMONS,

Petitioner - Appellant,

versus

HENRY J. PONTON,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. David G. Lowe, Magistrate Judge.

(CA-02-550)

Submitted: October 24, 2003 Decided: November 10, 2003

Before WIDENER, NIEMEYER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Hayer Simmons, Appellant Pro Se. Amy L. Marshall, OFFICE OF THE

ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* The parties consented to the jurisdiction of the magistrate

judge pursuant to 28 U.S.C. § 636(c) (2000).

2

PER CURIAM:

Hayer Simmons seeks to appeal the magistrate judge’s*

 order

denying relief on his petition filed under 28 U.S.C. § 2254 (2000).

The order is appealable only if a circuit justice or judge issues

a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that his

constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, , 123 S. Ct.

1029, 1039 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);

Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have

independently reviewed the record and conclude that Simmons has not

made the requisite showing. Accordingly, we deny a certificate of

appealability and dismiss the appeal. We deny Simmons’s motions

for an evidentiary hearing and for appointment of counsel. We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.
3

DISMISSED
1

From: "Van Der Meyden, Henk" <Henk.VanDe rMeyden@alcoa.com>

To: Rochelle Boyd/RTP/USEPA/US@EPA

Cc: "Palazzolo, Michael A." <Michael.Palazzolo@alcoa.com>, "Gregory, Dennis R."

<Dennis.Gregory@alcoa.com>

Date: 11/17/2011 10:15 AM

Subject: Group 1 Furnace Startup and Shutdown Duration

- Alumax of SC

________________________________________

Rochelle,

In response to your telephone call of 11/16/2011 regarding the duration

of startup and shutdowns of Group 1 holding furnaces at Alumax of South

Carolina , I spoke with Cast House personnel. This is what I learned:

Startup

- A furnace start

- up is defined as the process of bringing the

furnace from ambient temperature to operating temperature. The start

- up

begins when the furnace burner is ignited. The start

- up conclu des when

the furnace reaches its operating temperature.

The duration of a startup depends on whether there was work performed on

the furnace and the nature of that work. A startup duration can range

from as little as 36 hours (if there was no work done on the furnace) to

as much as 7 days (if there was replacement of refractory lining inside

the furnace). New refractory has to be slowly cured to avoid being

damaged. We uses 1300 degrees as the end point of a startup.

Shutdown

- A furnace shutdown is defined as bringing the furnace

temperature from operating temperature to less than 200 o F. The shutdown

begins when the burner is intentionally extinguished. The shutdown ends

when the furnace temperature falls below 200 o F.

The duration of a shutdown is typically around 48 hours and somewhat

dependent on the ambient temperature.

Hope this answers your question. If not, please feel free to contact

me.

Sincerely,

Henk

Henk van der Meyden, PG

Environmental Manager

Alcoa

- Mt. Holly

Office: (843) 572

- 5361

Cell: (843) 296

- 3359

Fax: (843) 572

- 5378
**EXHIBIT
      32**





**CAREADVANTAGE,
      INC**


**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**








Pursuant
      to, and for purposes only of, 18 U.S.C. § 1350, I, Dennis J. Mouras, Chief
      Executive Officer and acting principal financial officer of CareAdvantage,
      Inc.
      (the “Company”), hereby certify that (i) the Quarterly Report of the Company on
      Form 10-Q for the quarter ended March 31, 2008 filed with the Securities and
      Exchange Commission (the “Report”) fully complies with the requirements of
      Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii)
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.




Dated:
      May 7, 2008




/s/
              Dennis J. MourasDennis
                J. Mouras,Chief
                Executive Officer andacting
                Principal Financial Officer
,I

j!

Page 1 ii I Destinations of Critical Jets

I,santa Monica Airport

111f-----------..---------,-----,-----r------~------

II

Destination

Less than 500 nm

Bermuda Dunes

Buchanan Field

Burbank -G lend ale-Pasadena

I August I

I 2006 I

March

2007

55 I 308 __~) 8 siJI

25 140 4 cV!:,iJ

1 ! 6 02~!il

0

T 0

1 7

I

l 0

J

!

0

! 1 I

i 0

I 1

Camarillo

Carson

Desert Resorts Regional

Flagstaff

Havward Executive -'-'---- --------t----+------+-----=-+-----4---~~

Lake Tahoe

3

1

2

2

30 25 I

10 15

o 1

Las Veqas

LAX

Uvermore Municipal

7

Long Beach

Mammoth Yosemite

McClellan-Palomar

Meadows Field

19

3

Modesto City 2

~l

I Monterey Peninsula

11~:~~a~~unty 50 118'"1<"

!

')Q I

•...J~ !

I

4 22 I

12 '

8

7

I~ I

10 I

4~,0

29

3

3 17

22 123

356 1,994 I

EXHIBIT

IJ~J1n
Destinations of Critical Jets (cont'd)

Santa Monica Airport Page 2

August March Two-Month Annualized Percent

Destination 2006 2007 Total Departures of Total

500 to 999 nm

Aspen, CO 9 1 10 56 20%

Boeing Field/King County 1 1 2 11 0.4%

Centennial 9 5 14 78 2.8%

Denver 1 1 2 11 0.4%

Eagle County 0 2 2 11 0.4%

Friedman Memorial 5 2 7 39 14%

Garfield County Reqional 0 3 3 17 06%

Helena Regional 0 1 1 6 02%

Jackson Hole 1 3 4 22 08%

North Bend Municipal 1 - 1 6 0.2%

Port Columbus INTL 0 1 1 6 02%

Portland-Hillsboro 1 4 5 28 1.0%

Ralph Wenz Field 1 - 1 6 0.2%

Roberts Field 1 - 1 6 0.2%

Salt Lake City 3 4 7 39 1.4%

Santa Fe 2 - 2 11 0.4%

Spokane 2 - 2 11 0.4%

Taos Municipal 1 1 2 11 0.4%

Telluride 1 - 1 6 0.2%

Total 500 to 999 nm 39 29 68 381 13.4%

1,000 to 1,499 nm

Adam's Field 1 - 1 6 0.2%

Addison 2 - 2 11 0.4%

Atkinson Municipal 0 1 1 6 0.2%

Austin 3 3 6 34 12%

BCNancouver Inti 1 2 3 17 0.6%

Brazoria County 1 - 1 6 0.2%

Dallas 4 4 8 45 1.6%

Ellington Field 0 1 1 6 0.2%

Horseshoe Bay Airpark 0 2 2 11 0.4%

Jefferson City Meml 0 1 1 6 0.2%

Kansas City 1 - 1 6 0.2%

Lawrence Muni 0 1 1 6 0.2%

Lincoln Municipal 1 - 1 6 02%

Minot 1 - 1 6 02%

Salina Municipal 1 1 2 11 0.4%

San Antonio 0 4 4 22 0.8%

Texarkana Regional 0 1 1 6 0.2%

Wichita 2 1 3 17 0.6%

William P Hobby 1 1 2 11 0.4%

Total 1,000 to 1,499 nm 19 23 42 235 8.3%
Destinations of Critical Jets (cont'd)

Santa Monica Airport Page 3

Percent

Destination of Total

1,500 to 1,999 nm

0.2%

Chica 0 Midwa 17 06%

Cobb Coun /McColium Field 6 0.2%

Dekalb/Peachtree 6 0.2%

Indianapolis 6 0.2%

Kenosha Re ional 6 02%

Minneapolis 17 06%

Nashville 6 02%

si Louis 17 0.6%

Warsaw Municipal 6

Wauke an Re ional 0.2%

Waukesha County 0.2%

Total 1,500 to 1,999 nm 3.3%

(?,OOOnm or greater

!I~!bany Inti 01 1 I

01 I

Oil !---------.----+---- .... -+- ---1-----,......1-1----:-+--1-·

1 - i

o

o

o

1

: 0 2 ---+---------- -------t------+-t-----_+_

i 6 5

l'

I'Westchester Countv I • o 2

i'Total 2,000 nm or greater

,Totals

u

An nualized res

Critical Jets: Gulfstream IV

Citation X

Challenger 600 series

Hawker 800 XP 549

Falcon 2000 515

Total Annualized Departures 2,845
```

[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Notices]
[Page 27675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11124]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 8731; No. 2014-7]

Determination Under the Foreign Missions Act

    Pursuant to the authority vested in the Secretary of State by the 
laws of the United States, including the Foreign Missions Act (codified 
at 22 U.S.C. 4301 et seq.) and delegated by the Secretary to me in 
accordance with the Department of State's Delegation of Authority No. 
198, dated September 16, 1992, I hereby determine that the 
representative offices in the United States of the National Coalition 
of Syrian Revolution and Opposition Forces (commonly known as the 
Syrian Opposition Coalition or ``SOC''), including their real property 
and personnel, are a ``foreign mission'' within the meaning of 22 
U.S.C. 4302(a)(3).
    Furthermore, I hereby determine it to be reasonably necessary to 
protect the interests of the United States to require the SOC's 
representative offices in the United States, and their agents or 
employees acting on their behalf, to comply with the terms and 
conditions specified by the Director of the Office of Foreign Missions 
relating to the entities' operations in the United States.

    Dated: May 5, 2014.
Patrick F. Kennedy,
Under Secretary for Management.
[FR Doc. 2014-11124 Filed 5-13-14; 8:45 am]
BILLING CODE 4710-05-P
```