alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit ____________

No. 23-60364

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Jesse M. Skinner, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Southern District of Mississippi

USDC No. 1:02-CR-93-1

______________________________

Before Jones, Higginson, and Ho, Circuit Judges.

Per Curiam:*

Jesse M. Skinner, federal prisoner # 35713-019, moves for leave to 

proceed in forma pauperis (IFP) in his appeal from the district court’s order 

denying his pro se postconviction motion to dismiss certain counts in the

indictment for his 2004 convictions of various controlled substance, 

_____________________

* Pursuant to 5th Circuit Rule 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should not be published and is not precedent except under the limited circumstances set 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 27, 2023

Lyle W. Cayce

Clerk

Case: 23-60364 Document: 00516947061 Page: 1 Date Filed: 10/27/2023
No. 23-60364

2

firearms, and assault offenses. This motion is a challenge to the district 

court’s certification that the appeal is not taken in good faith. See Baugh v. 

Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

Although Skinner did not specify the legal authority under which he 

sought dismissal of his counts of conviction, the district court seemingly 

construed his motion as seeking relief under Federal Rule of Criminal 

Procedure 12. Skinner’s postjudgment motion should have been construed 

as seeking relief under 28 U.S.C. § 2255, which “is the proper vehicle for 

challenging the validity of a conviction and sentence” in the collateral 

context. Hooker v. Sivley, 187 F.3d 680, 681 (5th Cir. 1999). However, 

because Skinner had not received this court’s authorization to file a 

successive § 2255 motion, the district court would not have had jurisdiction 

to consider that motion. See id. at 682. Because there was no other statutory 

authority permitting Skinner’s motion, it was, in essence, “a meaningless, 

unauthorized motion” which the district court was without jurisdiction to 

entertain. United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994).

As Skinner has not shown that the appeal raises a nonfrivolous issue, 

his appeal lacks arguable merit. See Howard v. King, 707 F.2d 215, 220 (5th 

Cir. 1983). Accordingly, Skinner’s motion for IFP is DENIED, and the 

appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 & n.24; 5th 

Cir. R. 42.2. In light of Skinner’s litigation history, he is WARNED that 

future frivolous, repetitive, or otherwise abusive filings will result in the 

imposition of sanctions, including dismissal, monetary sanctions, and 

restrictions on his ability to file pleadings in this court or any court subject to 

this court’s jurisdiction. He should review any pending appeals and actions 

and move to dismiss any that are frivolous, repetitive, or otherwise abusive.

Case: 23-60364 Document: 00516947061 Page: 2 Date Filed: 10/27/2023
99-123.

#### In re Estate of Silka.

Lucas App. No. L-98-1057. Reported at 85 Ohio St.3d 1463, 709 N.E.2d 170. On motion for reconsideration. Motion denied.

Douglas and Resnick, JJ., not participating.
**Exhibit 23.11**

** **

**Consent of Fred Brown**

 

I consent tothe inclusion in this annual report on Form 40-F of North AmericanPalladium Ltd., which is being filed with the United States Securities andExchange Commission, of references to my name and to references to myinvolvement in the preparation of technical information relating to the SuhankoProject, Northern Finland and the Shebandowan West Property, included in the2007 Annual Information Form of North American Palladium Ltd., dated March 31,2008 (the “AIF”).

 

I also consent to the incorporation byreference in the Registration Statements on Form F-10 (Nos. 333-147126,333-146513 and 333-133668) of the references to my name and the above-mentionedinformation in the AIF.

 

Dated this 31 day of March, 2008.

 

 
|   |    /s/  Fred Brown |   |
|--------|------------------------------|--------|
| Name:  | Fred Brown                   |

 

----
##### 



EXHIBIT 99.1

CERTIFICATION

The undersigned certifies pursuant to 18 U.S.C. § 1350, that:

(1)  The accompanying Quarterly Report on Form 10-Q for the period ended March
31, 2003, 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 accompanying Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.

|     |  |              |  |                                                                                      
|---- |  | ------------ |  | -------------------------------------------------------------------------------------
|     |  |              |  |                                                                                      
|    
|Date |  | May 12, 2003 |  | /s/ Jay A. HermanJay A. Herman
Chairman and Chief Executive Officer                  
|    
|     |  |              |  |                                                                                      
|    
|Date |  | May 12, 2003 |  | /s/ Robert M. BarniskisRobert M. Barniskis
Vice President and Chief Financial Officer

23
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          NOV-30-1997
<PERIOD-START>                             DEC-01-1996
<PERIOD-END>                               NOV-30-1997
<CASH>                                         570,453
<SECURITIES>                                         0
<RECEIVABLES>                                7,829,091
<ALLOWANCES>                                   159,378
<INVENTORY>                                  5,417,012
<CURRENT-ASSETS>                            14,230,362
<PP&E>                                       6,170,777
<DEPRECIATION>                               2,650,366
<TOTAL-ASSETS>                              17,821,029
<CURRENT-LIABILITIES>                        6,144,041
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       121,477
<OTHER-SE>                                  10,056,902
<TOTAL-LIABILITY-AND-EQUITY>                17,821,029
<SALES>                                     33,834,179
<TOTAL-REVENUES>                            33,834,179
<CGS>                                       20,454,706
<TOTAL-COSTS>                               10,690,002
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                75,000
<INTEREST-EXPENSE>                             122,128
<INCOME-PRETAX>                              2,492,343
<INCOME-TAX>                                   797,567
<INCOME-CONTINUING>                          1,694,776
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,694,776
<EPS-PRIMARY>                                      .14
<EPS-DILUTED>                                      .14
        

</TABLE>
**Exhibit 31.2**

 

**CERTIFICATION OF THE PRINCIPAL FINANCIAL OFFICER**

** PURSUANT TO RULE 13a-14(a) UNDER THE EXCHANGE ACT**

 

I, Stephen A. Garcia, certify that:

 

1.                                      I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K/A of MRV Communications, Inc.; and

 

2.                                      Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.

 

 
| Date:   April 30, 2013 | /s/ STEPHEN   A. GARCIA |
|-----------------------------|------------------------------|
|                        |                         | Stephen   A. Garcia |
| * *                    | * *                     | *Chief Financial Officer* |
| * *                    | * *                     | *(Principal Financial Officer)* |

 

----
COURT OF APPEALS OF VIRGINIA 

Present: Judges Willis, Annunziata and Overton 

Argued at Alexandria, Virginia 

GREG E. MOXNESS 

v. Record No. 0449-95-4 MEMORANDUM OPINION* BY 

 JUDGE JERE M. H. WILLIS, JR. 

ELAINE D. MOXNESS DECEMBER 29, 1995 

 FROM THE CIRCUIT COURT OF PRINCE WILLIAM COUNTY 

William D. Hamblen, Judge 

 Alan K. Arden (Pfitzner, Morley & Stephens, 

on brief), for appellant. 

 Timothy T. Szabo (Szabo, Quinto, Zelnick & 

Erickson, P.C., on brief), for appellee. 

 Noting that based on the parties' actual incomes, the 

guidelines set forth in Code § 20-108.2 prescribed a presumptive 

support obligation for Ms. Moxness of $422 per month, the trial 

court noted that there were factors in the case justifying a 

deviation from that presumptive amount. It noted that the 

evidence supported an imputation to Ms. Moxness of an income 

equal to the salary that she had most recently drawn prior to her 

early retirement from military service. It noted that her 

retirement and consequent ability to care for the children saved 

the parties the costs of providing day care for the children. 

The trial court ruled, ". . . these matters cancel themselves 

out, it's a wash. I've done it a couple of different ways. . . . 

[I]t yields four twenty-two in my view, four hundred and twenty-

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
- 2 - 

two dollars. . . . I think it's appropriate from the evidence in 

this case. Four twenty-two." The record supports this 

conclusion. The judgment of the trial court is affirmed. 

 Affirmed.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 23-0514

IN THE MATTER OF, 

A.Z.G.,

A Youth Under the

Age of Eighteen.

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 August 14, 2024, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

July 8 2024

07/08/2024

Case Number: DA 23-0514
lulow

Chairman

Committee ea Imagery Riquirements and ffspleitation

• el• C• • „,..„

•

10 April 1070 -•

•

e

_..simiiimmii . •

..-...)

Handle

Cantrolift

..

CORONA • .

-TOPSECIRT-- •

cohostrom ON 11/AO1LY IUCCOMMOSNTS MCI MIKIPLOITATIOlt •

•

••

•

•

•

SII33NCTI Operation of Doppler Beacon es CORONA

Missies,

I

This memorandum confirms the COMO= Executive r •

Secreteres telephoos **Settles to you this date of the Committee's

action conserdog operation of the Doppler Beacon over Communist •

territory.

As requested at the 2 April meeting. the coma=

member .geodes have mailed this office of *sir agreement that ;

the Doppler Deacon carried ea CORONA missions may be•operated

couthesenely threogliest the slietiOn sod seed not be turned off over . I

the territory of Communist countries.

•

3atliORA/ON331 MR: Col. Ravin F. Sweeney. USA?

Depot, Director for Satellite Operetta's, 1O. •

3. This memorandum rePresents the formal COIGRZX

snidest* to the IMO se &is Illkener. COP= will COatial14 tip n . i:

monitor slimly the Doppler activity on future CORONA missies. • I:-

. • I' and will haward supplemental pidence as appropriate. .

r

r

1...

li..

i.I:I.

e •

. :

; . Del I: .111111t70 • 

. .a.:

I ..

. I ..

I •

CORONA Handle

• -...

. Co• TOP-neszr-- ntrel llin . : •1-.

s• •

•

•
Colonel, USAF

-TOPIECRETNATIONAL RECONNAISSANCE OFFICE

WASHINGTON. O.C.

THE HRO STAFF JUne 3, 1970

NOTE FOR DR. NOLUCAS

You asked for a note to Mr. Packard relating our current

practice of flying the doppler beacon on CORONA and the employment of identical devices by the Navy in its TRANSIT

program to the question you are addressing to the 40 Committee.

The note, for your signature, is attached.

We would propose to use it as a transmittal note for the

copy of your 40 Committee memorandum addressed to Mr. Packard. .

COMA

Mai iscaress sem sessomme osiseseas

NO ♦011111,1 NM, 11111 SOU Or song

•
n its TRANSIT

eodetic research.

I NATIONAL RECONNAISSANCE OFFICE

WASHINGTON. D.C.

OPPICE OP THE DIRECTOR June 9, 1970.

•

NOTE FOR MR. PACKARD

SUBJECT: Doppler Beacons on CORONA Vehicles

mittee, not include a re

we are currently flying on selected CORM missions.

they are low

mit a remise location of missile tar ts.

On April 10, 1970 the CONIREK (of USIB), following its •

review of this question, agreed that the CORONA doppler beacon

could be operated contilmously throughout our missions and

need not be turned off over the territory of the Communist

countries.

•

•

1. •

Attachment

40 Cd1111110924-70)

2925.4

.l _«.,.

_22.44.:4LLIAL

GIBILMINI NNW 11101110116

SOMMIPS ONO SO OM MI MOLL
**Exhibit 15.1**

**Consent of Independent Registered Public Accounting Firm**

We consent to the incorporation byreference in the Registration Statements (Form S-8 Nos. 333-7166, 333-107491, 333-12372, 333-127393 and 333-145171) pertaining to the QIAGEN N.V. 1996 Employee, Director and Consultant Stock Option Plan, the QIAGEN N.V. Amended and Restated 2005Stock Plan, the Digene Corporation Amended and Restated Equity Incentive Plan, the Digene Corporation Amended and Restated Omnibus Plan and the Digene Corporation Amended and Restated 1997 Stock Option Plan of our reports dated March 12, 2008, withrespect to the consolidated financial statements and schedule of QIAGEN N.V. and the effectiveness of internal control over financial reporting of QIAGEN N.V., included in the Annual Report (Form 20-F) for the year ended December 31, 2007.

/s/ Ernst & Young AG 

Wirtschaftsprüfungsgesellschaft 

Steuerberatungsgesellschaft 

Mannheim, Germany 

March 19, 2008
REF~220. mP.ARDBRT OJ' TD .ARM! -

DA~ Am« SECURXTY AGEmCf 

TiASlllltO:OOS 25 D. C • 24 Februm"7 1949 

Stme<Mmm RIPO.&'l l/e6 

~FOR Tm ARMY SBCtJRM MafC! BODJICAL ~ 

STJBDC'l': Bev!~ Of Intercept. Gil »/' Baaearoh anci Davelopmmt ~Jects 

' 

.1. R.&'FDllTCl'S: 

a. IE de.tea 16 Fel!ruaey 1949 from Secrsta.17 ABATO, to CIBirmar~J) Inter .. ce-pt Sna Direction 11114ms SUbcOUlllli ttee 1 sub3ect: :Renew ct Reeemrch amci l>flire lot>=-

1118Dt ProJects. 

b. •tract from DS aatect 25 lfovem1l>er 1947 from AS-24, to 1t13 ... 70, 

SubJeot, JAi BepartiDS S;rstem fr.q· ResNlreh and:Dn'elopment Act1Y1t1ea, .ASco7l 

file lfmnber 37.6, RD.B General Correapontlence. 

c. War Det>Bri;ment Circular 126, Beseech and Dnelopment, anc1 Clusiticat1cn ot Material, Section III J>ansa"ap}J l3o 

d. War Department Circular 71, Section VI,dated 18 March 1947. 

a. mencies Concerned 

(l) Directing -Asanc1: Arm1 Securit7 Agency 

(2) other Interested Ag&i;iciea,: Na'Vf, USAF 

b. · Purpose 

"TO insure cenf'ormi ty wi·th the Department at the Army Research and 

J>avelcpment PrQSnm, to eliminate duplicating and unproductin actintes, to 

inam-e records on all PD03ecta are ltept current, aJ?d to insure prompt actimon 

.all caupletea p&"o3ecta .. 

a. ~e f'olloviJDS pro.jects be continued and the assigoed priorities 

r.emain the same as indicated. 

eel ssifi ed nd 

».\ Project Bo. 

29.30 ... 001 

29-32-002 

29 ... 32.008 

29.32.,.009 

29 .. 32.013 

29.32 .. 011&. 

Title Priorit1 

Oeneral Beaearch Intercept l!quipment · l..C 

2°6-9 Channel Demu.lt1plexer 2-A 

lnouble Current Cable CoGle Equipment 2-B 

Three Channel Printer Equipment, ASS 8 l...C 

he-Channel Blectron1c Damultiplexer,AlWI 6 l~ 

OOU'BALL .PSAB 5 . t ... JB 

s~~~n roved for rele se b N A on 08-07-2013 ursu ntto E .0. 1352 
• 

b ~ The follC!M.llQS pro3ects 'be ccmtimed 81IBd. the aaetami triOJ."itiea c~ as 1micatecU 

J'cne. 

a.. The tclloer1JD!B pl'@3acts be cacel!..le4: 

1'~. 

Z. • DBDl'l'S: 

fhere are nc abibits to tb:ia repcrt. 

,. COORDmA'rIOlf: 

Co11ra.1mticm ae accompU&hiid v1th tb.e follov1Dg 8genc1ea: 

l'fcme. 

~-

r 

Cba1rman, Inte~ept· 

end D.F. SuboOllllllttee
EXHIBIT 32.1
 CERTIFICATION PURSUANT TO
SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1)
    
    the Companys Annual Report on Form 10-K for the year ended December 31, 2009
(the Report), fully complies with the requirements of Section 13 (a) or 15 (d) of
the Securities Exchange Act of 1934; and2)
    
    the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
 Dated: March 31, 2010
    /s/ Neil S. WechslerNeil S. WechslerCo-Chairman and
Chief Executive Officer
# CE2004084EN.01009303.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/93 |
| --- | --- | --- | --- |

3.4.2004

EN

Official Journal of the European Union

CE 84/93

---

(2004/C 84 E/0120)

WRITTEN QUESTION E-3728/03

by Roberta Angelilli (UEN) to the Commission

(10 December 2003)

Subject:   Update concerning the funds for the SAVE II programme for the municipality of Pistoia

Subject:

With reference to question E-0970/03 (1), in which the Commission was asked whether the municipality of Pistoia (Italy) had submitted projects and obtained funds under the SAVE II programme, the Commission replied on 25 April 2003 to the effect that no proposal had been submitted.

1

Can the Commission state whether, since then and up to the present, it has received any SAVE II projects from that municipality?

---

(1)  OJ C 268 E, 7.11.2003, p. 169.

1

---
**EXHIBIT 32.1**

 

**THE CHEESECAKE FACTORY INCORPORATED**

 

**CERTIFICATION PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

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

 

Inconnection with the Annual Report of The Cheesecake Factory Incorporated (the “Company”)on Form 10-K for the period ended December 29, 2009 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, DavidOverton, Chairman of the Board and Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

 

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

 

(2)                        The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company as of, and for,the periods presented such report.

 

February 26,2010

 
|     | /s/  DAVID OVERTON                                  |
|----------|-----------------------------------------------------|
|     | David  Overton                                      |
| * * | *Chairman of the Board and Chief Executive Officer* |

 

----
##### 



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
  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/ Cynthia L. LuccheseCynthia L. LuccheseChief Financial Officer Date: November  9, 2006  42
**Exhibit 23.2**

 

**CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to theincorporation by reference in the Registration Statements on Form S-3(File No. 333-147571 and File No. 333-129192), and the RegistrationStatements on Form S-8 (File No. 333-141373, File No. 333-129861,File No. 333-117273, File No. 333-106946, File No. 333-106436,File No. 333-91276, File No. 333-76636, File No. 333-69722, FileNo. 333-40466 and File No. 333-95007) of Caliper Life Sciences, Inc.of our report dated March 12, 2008, with respect to the effectiveness ofinternal control over financial reporting of Caliper Life Sciences, Inc.,included in this Form 10-K/A.

 
|                  | /s/ ERNST &  YOUNG LLP |   |
|-----------------------|---------------------------------|--------|
| Boston, Massachusetts |                            |
| March 12, 2008   |                            |

 

----
#### State ex rel. Hanna vs. Frear and others.

*October 8*—

October *15, 1910.*

Action invoking the original jurisdiction of this court to compel the state board of canvassers to certify to *the*various county clerks of the state the name of *T. II. Hanna*as that of the Democratic candidate for state senator for the Twenty-first senatorial district of this state, to he placed on the official ballot to be used at the general election to be held in November, 1910.

The complaint by appropriate allegations and a demurrer thereto' presents for adjudication the questions raised by the pleadings in the case of *State ex rel. MeQrael v. Phelps, decided*herewith *(ante,*P- 1).

The cause was argued and submitted at the same time and by the' same counsel as in the case of *State ex rel. MeQrael v. Phelps.*

The following opinion was filed October 15, 1910:

Per Curiam.

This cause is ruled by the decision in the case above referred to. Following that decision the demurrer for insufficiency must be sustained and the action dismissed. The court so orders.

Timlin, X, and Winslow, C. J., dissent. Barnes, X, concurs in the conclusion reached.

On October 25, 1910, the relator moved for a rehearing, and also-moved that Supreme Court Rules 37-41, relating to motions for a rehearing, be suspended. The latter motion was denied; and the motion for a rehearing was afterwards abandoned.
**Exhibit 21**

 

**LIST OF SUBSIDIARIES**

 

Bio-Detek, Incorporated, incorporated in Massachusetts. 

ZOLL Medical (U.K.) Ltd, incorporated in United Kingdom. 

ZOLL Medical Deutschland (GmbH), incorporated in Germany. 

ZOLL Medical Canada, Inc., incorporated in Canada. 

ZOLL Data Systems, Inc., incorporated in Delaware. 

ZOLL Medical France NRC, established in France. 

ZOLL Medical Australia, Pty. Limited, incorporated in Australia. 

ZOLL International Holding BV, incorporated in the Netherlands. 

ZOLL Medical New Zealand Pty. Limited, incorporated in New Zealand. 

ZOLL Circulation, Inc. (formerly Revivant Corporation), incorporated in Delaware. 

ZOLL Medical Österreich, GmbH, incorporated in Austria. 

ZOLL Securities Corporation, incorporated in Massachusetts. 

ZOLL Lifecor Corporation, incorporated in Delaware