alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 41673 Summary Calendar

UNITED STATES OF AMERICA,
Plaintiff-Appellee

v. MANUEL RAMIRO MARTINEZ-RIVERA,
Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:16 -CR- 488 -1

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges. PER CURIAM: *
Manuel Ramiro Martinez- Rivera pleaded guilty to illegally reentering the country after he was deported , and he received a 57

- month sentence. On appeal, Martinez -Rivera contends that the district court erred by imposing a
16

- level enhancement under U.S.S.G. § 2L1.2( a)(1 )( A) (ii) (2015) based on a finding that his prior Texas aggravated assault conviction was a crime of

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 August 22, 2017

Lyle W. Cayce Clerk Case: 16-41673 Document: 00514127074 Page: 1 Date Filed: 08/22/2017No. 16

- 41673

2 violence. We review this determination de novo. United States v. Alay, 850 F.3d 221, 223 (5th Cir. 2017). Acknowledgin g that in United States v. Guille n-Alvarez , 489 F.3d 197, 198 (5th Cir. 2007) , this court held that Texas aggravated assault is an enumerated crime of violence for purposes of § 2L1.2(a)(1)(A)(ii) (2015) , Martinez-Rivera argues that the court’s conclusion has been called into question by the reasoning of other circuit courts. However, one panel of this court may not overrule the decision of another absent an intervening change in the law, for instance through a superseding decision of the Supreme Court or this court sitting en banc. United States v. Traxler, 76 4 F.3d 486, 489 (5th Cir. 2014)

. Moreover, this court has recently reaffirmed the holding in GuillenAlvarez

. United States v. Shepherd , 848 F.3d 425, 428 (5th Cir. 2017). The district court’s judgment is AFFIRMED. Case: 16-41673 Document: 00514127074 Page: 2 Date Filed: 08/22/2017
No. 16—2284.

#### Gustavus M. Graham, survivor, etc., v. Jonathan B. Graham.

Defendant in error sued Gustavus Mills Graham as surviving partner of the firm of Graham Brothers, and on September 26, 1885, a plea of the geneial issue was filed for said defendant by John and Ernest McGaffey, attorneys; on September 28, 1885, Eric Winters and G. W. Smith, attorneys, filed for same defendant a ¡ilea accompanied by an affidavit of merits sworn to by one Stillman Mann who says in affidavit that he is agent of defendant. October 10, 1885, an order was entered reciting that “on agreement of the parties to this suit now made in open court, this cause is submitted to the court for trial without a jury” and trial finding for plaintiff and judgment. October 13, 1885, motion by Eric Winters and Geo. W. Smith as attorneys for defendant, to set aside judgment. Affidavit of Winters shows that on September 26, 1885, affiant and Geo. W. Smith were retained “ on behalf of and their appearance for the defendant,” and filed plea on September 28th. Plea by McGaffey, attorneys» being then on file cause was submitted to court, October 10th, by agreement between said McGaffey and A. 0. Story, attorney for plaintiff, without notice to affiant or said Smith, and they never consented to trial of case without a jury and out of regular order. Action brought against surviving partner for alleged indebtedness of firm. Stillman Mann has been duly appointed administrator of deceased partner, and is interested in seeing that said cause is defended. Claims affiant and Smith are entitled to appear and defend in said cause, “ because they were retained by said Stillman Mann, administrator.” Affiant believes defendant has full and complete defense to plaintiff’s demand and “is informed and believes that said plaintiff and defendant are colluding together for the purpose of de*650frauding the estate of said deceased out of its interest in said partnership estate, and for that purpose have had said judgment entered up.” Motion to set aside judgment was denied and said ruling was assigned for error. The court is of opinion that the ruling óf the court on said motion was con ect. No facts are stated in the affidavit filed in support of the motion, which would authorize the court to disturb the judgment, nor which, would require the court to allow the administrator of the deceased partner to take charge of or participate in the suit by his attorneys. If the suggestions that the surviving partner was colluding with the plaintiff to fraudulently dissipate the deceased partner’s interest in the partnership estate is true, the remedy must be sought in another forum. Judgment affirmed.

Judge below, Joseph E. Gaby.

Attorneys, for plaintiff in error, Mr. Geo. N. Smith and Mr. Eric Winters;

for defendant in error, Mr. Allan C. Story.

Opinion filed April 7, 1886.

Opinion by Moran, J.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF NATIONAL DIAGNOSTICS, INC. FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
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<OTHER-EXPENSES>                             4,059,103
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<INTEREST-EXPENSE>                             475,054
<INCOME-PRETAX>                             (1,660,906)
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<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,660,906)
<EPS-PRIMARY>                                    (4.40)
<EPS-DILUTED>                                        0
        

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EXIBIT 32.2





Certification of Chief Financial Officer Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)





In connection with the Quarterly Report of Sector 10, Inc.; on Form 10-Q for the quarterly period ended September 30, 2010, as filed with the Securities and Exchange Commission (the “Report”), Laurence A. Madison, Chief Financial Officer of the Company, does hereby certify, pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350), that to his 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.





By:  /s/ Laurence A. Madison




Name: Laurence A. Madison


Chief Financial Officer




November 15, 2010
#### In the Matter of Mac Truong, a Suspended Attorney.

[776 NYS2d 462]

Motion to declare null and void the order of this Court entered December 2, 2003 (2 AD3d 27) denied. Motion to amend motion 5669 (M-608) denied. Motion to appoint Referee (M-1026) granted, as indicated. No opinion. Concur—Mazzarelli, J.P., Ellerin, Williams, Lerner and Gonzalez, JJ.
#### JOHN N. INGRAM *et al. vs.*S. J. McMORRIS.

When the Court below has the power to make an amendment, this Court cannot inquire how it has exorcised that power.

This was a motioN to amend the record of the County Court of Cabarrus, originally made in that Court and refused. Erom this judgment there was an appeal to the Superior Court of that county', which was heard by his Honor, Judge Bailey, at the Special Term, June, 1855.

The motion in the County Court was, that the record of the probate of the last will and testament of William S. Alexander, should be amended and made perfect at January term, 1827, so as to show, that at that term such will was submitted foi probate, and that a jury was empannelled and sworn, to try whether tho paper writing offered was the will of the said Alexander, and that the jury did find that the paper writing which was set forth in the motion, *in totidem verbis,*was the last will and testament of the said Alexander, and was duly executed to pass his personal estate but not his realty : and further, to show that the executors qualified, &c.

Upon hearing the evidence, the County Court refused to make the amendment as prayed. Upon the appeal to the Superior Court, the evidence was again heard, and upon argument, it was adjudged that the decision of the County Court should be reversed ; and it was further adjudged, “that the record of the probate of the last will and testament of the late W. S. *451Alexander should be amended and made perfect, *nunc pro tunc,*so as to show at January term, 1827, as follows(The specific amendment which was required to be made is set forth in this judgment of the Court below, embracing the will, the probate, the qualification of executors, &c.) From which judgment the defendant appealed.

*Boyden*and *Wilson,*for the plaintiff.

*V. G. Barringer*and *Osborne,*for the defendant.

'Battle, J.

■ The judgment of the Court below, in favor of allowing the amendment asked for, is fully supported by, and must be affirmed upon, the authority of the cases of *Freeman*v. Morris, Busb. Eep. 287. , *Phillipse*v. *Higdon,*ibid 380. *Pendleton*v. *Pendleton,*ante 135, and *Mon/o*v. *Whitson,*ante 231, in which the subject will be found to be fully discussed and explained.

Pee Cueiam. Judgment affirmed.
Exhibit 32.1



Section 1350 Certification,

As Adopted Pursuant To

Section 906 of the Sarbanes-Oxley Act of 2002



In connection with the Annual Report of Magma Design Automation, Inc. (the
Company) on Form 10-K for the year ended April 2, 2006, as filed with the Securities and Exchange Commission on the date hereof, I, Rajeev Madhavan, Chief Executive Officer of the Company, certify for the purposes of
Section 1350 of Chapter 63 of Title 18 of the United States Code that, to the best of my knowledge,



| | (i) |  | the Annual Report of the Company on Form 10-K for the year ended April 2, 2006 (the Report), fully complies with the requirements of section 13(a) 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.
| | ---- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/    RAJEEV MADHAVANRajeev Madhavan Chief Executive OfficerJune 14, 2006




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.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND STATEMENTS OF OPERATIONS FOUND ON PAGES 3 AND 4
OF THE COMPANY'S FORM 10-Q FOR THE YEAR TO DATE AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000925548
<NAME> TOWER AUTOMOTIVE, INC.
<MULTIPLIER> 1,000
       
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<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
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<RECEIVABLES>                                  210,282
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<DEPRECIATION>                               (423,778)
<TOTAL-ASSETS>                               1,477,934
<CURRENT-LIABILITIES>                          232,978
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           229
<OTHER-SE>                                     497,069
<TOTAL-LIABILITY-AND-EQUITY>                 1,477,934
<SALES>                                        801,896
<TOTAL-REVENUES>                               801,896
<CGS>                                          689,566
<TOTAL-COSTS>                                  689,566
<OTHER-EXPENSES>                                43,611
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              15,852
<INCOME-PRETAX>                                 52,867
<INCOME-TAX>                                    21,140
<INCOME-CONTINUING>                             31,727
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  2,434
<CHANGES>                                            0
<NET-INCOME>                                    29,293
<EPS-PRIMARY>                                     1.46
<EPS-DILUTED>                                     1.45
        

</TABLE>
* Local Rule 47.5.1 provides: "The publication of

opinions that merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-40586 Conference Calendar

__________________ RONALD CARPENTER, Plaintiff-Appellant, versus B. KINNEY, Officer, Coffield Unit Defendant-Appellee

and J. W. SHAW, Warden, Coffield Unit, Defendant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:94-CV-506
- - - - - - - - - - December 21, 1995 Before DAVIS, STEWART, and PARKER, Circuit Judges. PER CURIAM: * Ronald Carpenter moves this court for the production of the transcript of his trial at the expense of the government. On appeal, Carpenter argues that the magistrate judge gave improper weight to witness testimony and made incorrect credibility findings. We dispense with further briefing because we haveNo. 95-40586 -2- reviewed the record and the magistrate judge's opinion, which includes detailed findings of fact, and determined that Carpenter's sole appellate contention is legally meritless; therefore, Carpenter's motion for a transcript at government expense is DENIED and the appeal is DISMISSED. See 5 TH C IR . R. 42.2.
Exhibit 1.3





|Symbol
    of the   |                                                              | Symbol
    of the                                                                                                                                            
|------------------- | ------------------------------------------------------------ | -------------------------------------------------------------------------------------------------------------------------------------------------------------
|State
    of Israel | State
    of Israel                                          | Corporations                                                                                                                                                 
|                    | Ministry
    of Justice – The Israeli Corporations Authority | Authority                                                                                                                                                    
|                    | Registrar
    of Companies and Partnerships                  | Registrar
                                         of
                                                 Companies
                                         and
|                    |                                                              | Partnerships                                                                                                                                                 







Certificate
of Change of Company’s Name



This
is to certify that the company



R.V.B.
HOLDINGS LTD.

R.V.B.
HOLDINGS LTD.*



Company
Number 520043621



has
changed its name, and from this day forth shall be called by the name



EVIATION
AIRCRAFT LTD.

EVIATION
AIRCRAFT LTD.*





|Issued
                                         in Jerusalem on this day:
                                                                                
                                                                                14/02/2017
                                                                                18
                                         Shvat 5777 |  | 
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |  | 



| | [Signature]                                
| | -------------------------------------------
| | Eyal
    Globus, Advocate                  
| | Registrar
    of Companies and Partnerships
| | Head
    of the Corporations Authority     





Prepared
by Amir Blum







*
Originally In English
**EXHIBIT32.2**

 

 

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICERPURSUANT TO 18 U.S.C. §1350,**

**as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002**

 

Pursuant to 18 U.S.C. §1350, as adopted pursuant to Section906 of the Sarbanes-Oxley Act of 2002, the undersigned, David C. Kahn, Chief Financial Officer of Network-1 Technologies, Inc.,a Delaware corporation (the "Company"), does hereby certify that:

 

The Annual Report on Form 10-K for the year ended December 31, 2019of the Company (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities ExchangeAct of 1934, and the information contained in the Report fairly presents, in all material respects, the financial condition andresults of operations of the Company.
Exhibit 32.1


                  Flexpoint Sensor Systems, Inc.

                 CERTIFICATION OF PERIODIC REPORT
    Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
                      18 U.S.C. Section 1350

The undersigned executive officers of Flexpoint Sensor Systems, Inc. (the
"Company") certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
that:

a.    the quarterly report on Form 10-QSB of the Company for the quarter ended
      June 30, 2006 fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934; and

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



                            /s/ Clark M. Mower
Date:   August 3, 2006      ____________________________________
                            Clark M. Mower
                            Chief Executive Officer


                            /s/ John A. Sindt
Date:   August 3, 2006      ____________________________________
                            John A. Sindt
                            Principal Financial Officer
Exhibit 21

SUBSIDIARIES OF THE COMPANY

Tiger Telematics, USA, Inc., a Delaware corporation, operationally dormant

Gizmondo USA, Inc., a Delaware corporation, to sell Gizmondo's in North America.

Gizmondo Europe Ltd., a United Kingdom Corporation, and their subsidiaries Indie
Studios Sweden AB and ISIS Ltd. of the UK.

The Company purchased the subsidiaries, assets and intellectual property of
Warthog Plc. The subsidiaries acquired from Warthog Plc are as follows:

                  Gizmondo Studios Ltd.
                  Gizmondo Studios Texas, Inc.
                  Gizmondo Studios Sweden AB
                  Gizmondo Studios UK Ltd.

Smart Ads, Inc., a Delaware corporation, formed in 2005 to hold the Company's
Smart Ads intellectual property rights.

Smart Ads, Ltd., a United Kingdom Corporation, formed in 2005.
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<PAGE>
<ARTICLE> 5
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<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                             299
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<INTEREST-EXPENSE>                               5,066
<INCOME-PRETAX>                                  3,826
<INCOME-TAX>                                         0
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<NET-INCOME>                                     3,826
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