alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 October 21, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-40226 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUAN FRANCISCO MATAMOROS-LARA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. V-03-CR-35-2

-------------------- Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM: * Juan Francisco Matamoros-Lara appeals the sentence imposed under the United States Sentencing Guidelines following his conviction of concealing and transporting illegal aliens in violation of 8 U.S.C. § 1324. For the first time on appeal, Matamoros-Lara argues that he was sentenced in violation of his Sixth Amendment right to a jury trial, as set out in Blakely v. Washington , 124 S. Ct. 2531 (2004), and Apprendi v. New Jersey , 530 U.S. 466 (2000).No. 04-40226 -2- Matamoros-Lara’s argument is foreclosed by this court’s decision in United States v. Pineiro , 377 F.3d 464, 465-66 (5th Cir. 2004)(holding that Blakely does not apply to the federal sentencing guidelines), petition for cert. filed (July 14, 2004) (No. 04-5263). Accordingly, the judgment of the district court is AFFIRMED. Matamoros-Lara’s motion to abate the proceedings in his case is DENIED.

AFFIRMED; MOTION DENIED.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21
- 0495 STATE OF MONTANA,

Plaintiff and Appellee, v. DARIN PAUL GUCKEEN,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including February 2, 2022, within which to prepare, file, and serve Appellant’s opening b rief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

December 17 2021

12/17/2021

Case Number: DA 21-0495
No. 86-5879.

#### Buzzell *v.*United States.

C. A. 3d Cir. Certiorari denied.
17

<TABLE>
<CAPTION>

                                                                                                    Exhibit 11
                                               INDIVIDUAL, INC.
                                    COMPUTATION OF WEIGHTED AVERAGE SHARES
                                   USED IN COMPUTING LOSS PER SHARE AMOUNTS



                                                                      Primary    Fully Diluted   Supplemental
Type of Security                                                      Shares         Shares       Shares (1)
------------------------------------------------------------------  -----------  --------------  -------------
<S>                                                                 <C>          <C>             <C>

FOR THE THREE MONTHS ENDED MARCH 31, 1996:
   Common stock less shares held in treasury, beginning of period    1,713,096       1,713,096      1,713,096 
   Weighted average common stock issued during the period              506,690         506,690        506,690 
   Weighted average treasury stock repurchased during the period          (476)           (476)          (476)
   Conversion of preferred stock and redeemable preferred stock
      into common stock (1)                                            921,729         921,729      7,625,210 
                                                                    -----------  --------------  -------------
        Weighted average shares of common stock outstanding          3,141,039       3,141,039      9,844,520 
                                                                    ===========  ==============  =============

        Net loss per common share                                       ($0.95)         ($0.95)        ($0.25)
                                                                    ===========  ==============  =============

FOR THE THREE MONTHS ENDED MARCH 31, 1997:
   Common stock less shares held in treasury, beginning of period   14,413,988      14,413,988     14,413,988 
   Weighted average common stock issued during the period              169,475         169,475        169,475 
     Weighted average shares of common stock outstanding            14,583,463      14,583,463     14,583,463 
                                                                    ===========  ==============  =============

     Net loss per common share                                          ($0.32)         ($0.32)        ($0.32)
                                                                    ===========  ==============  =============
<FN>



(1)    Upon  completion  of  the  public  offering  on  March  20,  1996,  the  redeemable  preferred  stock
and  preferred  stock  converted  to  7,625,210  shares  of  common  stock.    Accordingly,  the  supplemental
earnings  per  share  calculation  has  assumed  the  conversion  of all shares of  redeemable preferred stock
and  preferred  stock,  effected  for  the  3-for-2  split,  at  the  beginning  of  each  period  presented.
</TABLE>
<TABLE> <S> <C>
 
<ARTICLE>                                  5 

        
<S>                             <C> 
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1998
<PERIOD-END>                    MAR-31-1998
<CASH>                          4,225,880
<SECURITIES>                    0
<RECEIVABLES>                   149,439
<ALLOWANCES>                    0
<INVENTORY>                     0
<CURRENT-ASSETS>                4,375,319
<PP&E>                          38,883
<DEPRECIATION>                  0
<TOTAL-ASSETS>                  4,417,335
<CURRENT-LIABILITIES>           62,748
<BONDS>                         0
<PREFERRED-MANDATORY>           0
<PREFERRED>                     39
<COMMON>                        7,226
<OTHER-SE>                      0
<TOTAL-LIABILITY-AND-EQUITY>    4,417,335
<SALES>                         0
<TOTAL-REVENUES>                227,008
<CGS>                           0
<TOTAL-COSTS>                   0
<OTHER-EXPENSES>                765,710
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              42,669
<INCOME-PRETAX>                 (496,033)
<INCOME-TAX>                    0
<INCOME-CONTINUING>             0
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    (496,033)
<EPS-PRIMARY>                   (0.07)
<EPS-DILUTED>                   (0.08)
        

</TABLE>
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

PERMICO ROYALTIES, LLC and ALDEN

OESTREICH

,

Appellant s

,

v.

BARRON PROPERTIES LTD,

KNACKWURST PROPERTIES LLC, and E.

DON POAGE

Appellee s

. §

§

§

§

§ No. 08

- 22

- 00168

- CV

Appeal from the

143rd Judicial District Court

of Ward County, Texas

(TC# 21

- 09

- 25858

- CVW )

J U D G M E N T

The Court has considered this cause on the record and concludes there was error in the

judgment. We therefore reverse the trial court’s order and render judgment that the Rodgers Deed

reserved a floating 1/2 royalty interest.

We further order that Appellant recover from Appellee the appellate costs incurred by

Appellant and all costs incurred in the court b elow, for which let execution issue. This decision

shall be certified below for observance.

IT IS SO ORDERED THIS 10 TH DAY OF JULY, 2023.

LISA J. SOTO

, Justice

Before Rodriguez , C.J., Palafox, and Soto, JJ.
EXHIBIT 31.2
Cronos Global Income Fund XVI, L.P.
Rule 13a-14 CERTIFICATIONS
     I, John Kallas, certify that:
     1. I have reviewed this quarterly report on Form 10-Q of Cronos Global Income Fund XVI, L.P.(the “Partnership”);
     2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this quarterly report;
     3. Based on my knowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financial condition, resultsof operations and cash flows of the Partnership as of, and for, the periods presented in thisquarterly report;
     4. The other certifying officer of Cronos Capital Corp. (“CCC”), the General Partner of thePartnership, and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Partnership and wehave:
          (a) designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe Partnership, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this quarterly report is being prepared;and
          (b) evaluated the effectiveness of the Partnership’s disclosure controls and procedures andpresented in this quarterly report our conclusions about the effectiveness of the disclosurecontrols and procedures, based on our evaluation; and
          (c) disclosed in this quarterly report any change in the Partnership’s internal control overfinancial reporting that occurred during the Partnership’s most recent fiscal quarter (thePartnership’s fourth fiscal quarter in the case of an annual report) that has materially affected,or is reasonably likely to materially affect, the Partnership’s internal control over financialreporting.
     5. CCC’s other certifying officer and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the Partnership’s auditors and the Audit Committeeof Partnership’s Board of Directors (or persons performing the equivalent function):
          (a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect thePartnership’s ability to record, process, summarize and report financial information; and
          (b) any fraud, whether or not material, that involves management or other employees who havea significant role in the Partnership’s internal control over financial reporting.
Date: May 13, 2005     /s/ JOHN KALLAS       John Kallas    Vice President and    Chief Financial Officer of CCC
EXHIBIT 31.1Cronos Global Income Fund XVI, L.P.Rule 13a-14 CERTIFICATION     I, Dennis J. Tietz, certify that:     1. I have reviewed this quarterly report on Form 10-Q of Cronos Global Income Fund XVI, L.P.(the “Partnership”);     2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this quarterly report;     3. Based on my knowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financial condition, resultsof operations and cash flows of the Partnership as of, and for, the periods presented in thisquarterly report;     4. The other certifying officer of Cronos Capital Corp. (“CCC”), the General Partner of thePartnership, and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Partnership and wehave:          (a) designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe Partnership, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this quarterly report is being prepared;and          (b) evaluated the effectiveness of the Partnership’s disclosure controls and procedures andpresented in this quarterly report our conclusions about the effectiveness of the disclosurecontrols and procedures, based on our evaluation; and          (c) disclosed in this quarterly report any change in the Partnership’s internal control overfinancial reporting that occurred during the Partnership’s most recent fiscal quarter (thePartnership’s fourth fiscal quarter in the case of an annual report) that has materially affected,or is reasonably likely to materially affect, the Partnership’s internal control over financialreporting.     5. CCC’s other certifying officer and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the Partnership’s auditors and the Audit Committeeof Partnership’s Board of Directors (or persons performing the equivalent function):          (a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect thePartnership’s ability to record, process, summarize and report financial information; and          (b) any fraud, whether or not material, that involves management or other employees who havea significant role in the Partnership’s internal control over financial reporting.Date: August 11, 2006   /s/ DENNIS J TIETZ Dennis J Tietz
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-7685

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ERIC MARTIN VAN BUREN,

Defendant - Appellant.

Appeal from the United States District Court for the Western 

District of Virginia, at Charlottesville. Norman K. Moon,

Senior District Judge. (3:00-cr-00066-NKM-1; 3:12-cv-80620-NKM)

Submitted: February 20, 2014 Decided: February 26, 2014

Before DUNCAN, DIAZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Eric Martin Van Buren, Appellant Pro Se. Jean Barrett Hudson, 

Assistant United States Attorney, Charlottesville, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Eric Martin Van Buren seeks to appeal the district 

court’s order treating his Fed. R. Civ. P. 60(b) motion as a 

successive 28 U.S.C. § 2255 (2012) motion, and dismissing it on 

that basis. The order is not appealable unless a circuit 

justice or judge issues a certificate of appealability. 28 

U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). 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 Van Buren has not made the requisite showing. Accordingly, 

we deny Van Buren’s motion for a certificate of appealability 

and dismiss the appeal.
3

Additionally, we construe Van Buren’s notice of appeal 

and informal brief as an application to file a second or 

successive § 2255 motion. United States v. Winestock, 340 F.3d 

200, 208 (4th Cir. 2003). In order to obtain authorization to 

file a successive § 2255 motion, a prisoner must assert claims 

based on either:

(1) newly discovered evidence that . . . would be 

sufficient to establish by clear and convincing 

evidence that no reasonable factfinder would have 

found the movant guilty of the offense; or

(2) a new rule of constitutional law, made retroactive 

to cases on collateral review by the Supreme Court, 

that was previously unavailable.

28 U.S.C. § 2255(h) (2012). Van Buren’s claims do not satisfy 

either of these criteria. Therefore, we deny authorization to 

file a successive § 2255 motion.

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.

DISMISSED
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         November 29, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 20, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 769 to Competitive Product List.*                     Documents                           ( print page 94782)                        are available at                     *www.prc.gov,*                     Docket Nos. MC2025-463, K2025-460.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-27927 Filed 11-27-24; 8:45 am]

BILLING CODE 7710-12-P
**Exhibit 99.2**

 

 

PHARMACOPEIA, 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 theQuarterly Report of Pharmacopeia, Inc. (the “Company”) on Form 10-Q for the periodended March 31, 2003, as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), I, John J. Hanlon, Executive Vice President andChief Financial Officer of the Company, hereby certify pursuant to 18 U.S.C.ss. 1350, as adopted pursuant to ss. 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 allmaterial respects, the financial condition and results of operations of theCompany.

 

 
| /s/ John J.  Hanlon                                    |   |
|--------------------------------------------------------|--------|
| John J.  Hanlon                                        |
| Executive  Vice President  and Chief Financial Officer |
|                                                   |
| May 12, 2003                                           |

 

----
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         November 29, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 21, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 476 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-468, K2025-465.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-27935 Filed 11-27-24; 8:45 am]

BILLING CODE 7710-12-P