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

FOR THE FIFTH CIRCUIT

No. 18-11194

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

KENNETH TANNIEHILL,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:17-CR-154-5

Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Kenneth Tanniehill has moved for 

leave to withdraw and has filed a brief in accordance with Anders v. California, 

386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).

Tanniehill has filed responses. The record is not sufficiently developed to allow

us to make a fair evaluation of Tanniehill’s claims of ineffective assistance of 

 

* 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

August 28, 2019

Lyle W. Cayce

Clerk

 Case: 18-11194 Document: 00515096363 Page: 1 Date Filed: 08/28/2019
No. 18-11194

2

counsel; we therefore decline to consider the claims without prejudice to 

collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief and the relevant portions of the record 

reflected therein, as well as Tanniehill’s responses. We concur with counsel’s 

assessment that the appeal presents no nonfrivolous issue for appellate review. 

Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused 

from further responsibilities herein, and the APPEAL IS DISMISSED. See

5TH CIR. R. 42.2.

 Case: 18-11194 Document: 00515096363 Page: 2 Date Filed: 08/28/2019
rbyc8k072011ex1027.htm - Generated by SEC Publisher for SEC Filing


 






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10
REF 

TO: HqC FROM: S/ ASST l2 Apr 54 COMMENT NO. 2 

Wm F. Fr1edmn1 6o493/can 

In accordance with the rei'"erence and vith COlllllent 11 it is requested 

that the t'ollowing personnel at' '1If1' office be authorized to request transportation: 

l/Lt. Irving T. McDonald Jr., OOAF 

Miss Catherine A. Noxtine. 

WILLIAM F. FRIEDMAN 

Specia.1 Assistant 

@'pproved for Release by NSA on 07-23-2014 pursuantto E.O. 1352a 

.. 

~ 

--
EXHIBIT 32(b)

                                CERTIFICATION OF
                           AND CHIEF FINANCIAL 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 Thermodynetics, Inc. (the "Company")
on Form 10-QSB for the quarter ending September 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, the Chief Financial Officer ("CFO") of the Company, hereby
certifies, 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 complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 in all material respects; 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:  November 14, 2003         By:  /s/  Robert I. Lieberman
                                           -------------------------------------
                                           Robert I. Lieberman
                                           Treasurer and Chief Financial Officer


This certification shall not be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934, or otherwise subject to the liability of that
section. This certification shall not be deemed to be incorporated by reference
into any filing under the Securities Act of 1933 or the Securities Exchange Act
of 1934, except to the extent that the small business issuer specifically
incorporates it by reference.
• REF ID: A69136 • 

Dr. tugene E. Barker 

447 Manning BlYd. 

Alban)' 5, New York 

Dear Gene& 

,1 

I ( 

' 

j 

i l' 

,4~4 No. George :~a.aon Dr. 

/Arlington, Va. ,I 9 June 1·350 

, 1 

/ . ... 

\ 

' \ 

I \ \ 

I " 

Your letter of 2g April addrss$ed to UJI ~t 1823 Que Street 

indicates roughly how long a peri~ has elapae\:1 since our last 

correapondenoe. :. good deal has 1-happened, eino~ thie but nothing 

very startling. :r found the l;,ue' Street h1ouae inconvenient and 

through the good off icea of a friehd •a~ed to get a nice apartment near •Y ~ffice out in V1ri1nta. Soon after we got well 

settled my office moved bllck to the District near where we used 

to live on Military r~oad, but I h&.ve nc'/t underta,ken to change rq 

hoae acdresa again since this latoat cl,..,.lopmant. beoauae there 

is no telling when we might ~ov• the ~tfl~e back to Vir&inia. 

Life is fairly hectic in that reapoo,~. I 

I was pr8tty muoh out of commieaio~ frOll tha earl7 part or 

this year until quite reoentl7. ~ en•~ preesure trom varioua 

1ourcee was a bit too much tor me, but/ I am better now and hope 

to continue to improve and t.o stay "''ll. s1n6-, I ha•• oome back 

to duty I ha.ve been playing golf' a1 1nuch as th~., wea.t.her 4t'ld o!tioe 

affairs will permit and enjoy the ,ia111e pr9it7 mioh. 

/' ~ 

John took his degree at Cornell ia.t Febru~ry and is now 

working on the Waabington ~oat. Barbar~ is now wi~h the National 

Institute o! Health out in Betheada. pOth of them, and Elisabeth, 

are quite well. · 

I, too, have ~aver been back to a claee reunion at Ithao&. 

I !lil1 waiting for my f 1ftieth, when I wuuld imagine the boya would 

have sett ;.ed ctown and gotten over certain jejune ideas acoompanied 

by juvenile behavioriaae. Of course, I haTe been back a t~ber of 

tiuea but not at reuniona. 

l 

I 

Tho nen about Jilbert ia quite interesting. tie aeem11 "to be 

@'pproved for Release by NSA on 03-27-2014 pursuantto E.O. 1352a 
. • 

REF ID: A69136 • 

getting along Yery well. Your letter does not contain anyinformation about ~ary and it would be interesting to know how 

that ma.rriage turned out. 

I a~ sorry that we did not aee Edna's poe~a in the ~aahington jtar and in the Scientltic A~erioan. 1ie get neither of these 

publications and that ie the reBeon. I will try to borrow the 

Scient:fic American and look over the one in that Journal. It •••~~ to me it is about time that she and 1ou got b1 rou~self -- juat the two of you ·- and had it a bit oasier, as far as household ia concerned. 

I do hcpe that we can ::et tu.;;ether soaotime in tr.e near 

future sorr.ehow. '!:1th ve!!',t best regards to a.ll or you, I an; 

Sincerel7 1ours, 

Vil LLIAJI l. FRir.DKAR
EXHIBIT 32(a)



CERTIFICATION OF

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 Thermodynetics, Inc. (the "Company") on Form 10-Q for the quarter ending June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, the Chief Executive Officer , hereby certifies to the best of the undersigned's knowledge and belief, 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 complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 in all material respects; 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: August 18, 2009 | By: | /s/ ROBERT A. LERMAN                 
|                      |     | Robert A. Lerman                     
|                      |     | President and Chief Executive Officer
|                      |     |                                      



This certification shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liability of that section. This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934, except to the extent that the small business issuer specifically incorporates it by reference.
Exhibit 32.1

Written Statement of Chief Executive Officer

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

In connection with the Quarterly Report of TVI Corporation (the Company) on Form 10-Q for the quarter ended
September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Harley A. Hughes, Chief Executive Officer of the Company, certify, pursuant to Section 18 U.S.C. 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) and 15(d) of the Securities Exchange Act of 1934, as amended; and

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



|                       |  |                                      
|---------------------- |  | -------------------------------------
|Date: November 7, 2007 |  | /s/ Harley A. Hughes                 
|                       |  | Harley A. Hughes                     
|                       |  | President and Chief Executive Officer

A signed original of this written statement 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 13.2

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 Annual Report of
Trinity Biotech plc (the Company) on Form 20-F for the period ended December 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kevin Tansley, Chief Financial Officer of the
Company, certify, pursuant to 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 result of operations
of the Company.



|                       
|-----------------------
|/s/ KEVIN TANSLEY*     
|Kevin Tansley          
|Chief Financial Officer

April 5, 2013



|* | The originally executed copy of this Certification will be maintained at the Companys offices and will be made available for inspection upon request.
|- | ------------------------------------------------------------------------------------------------------------------------------------------------------
[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Page 12184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05169]



[[Page 12184]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Eye Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Eye Institute Special Emphasis 
Panel; NEI Center Core Grants for Vision Research.
    Date: March 27, 2015.
    Time: 8:30 a.m. to 4:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Hilton Garden Inn, 7301 Waverly Street, Bethesda, MD 
20814.
    Contact Person: Anne E. Schaffner, Ph.D., Chief, Scientific 
Review Branch, Division of Extramural Research, National Eye 
Institute, 5635 Fishers Lane, Suite 1300, MSC 9300, Bethesda, MD 
20892-9300, (301) 451-2020, <a href="/cdn-cgi/l/email-protection#3f5e5a4c7f515a561151565711585049"><span class="__cf_email__" data-cfemail="9cfdf9efdcf2f9f5b2f2f5f4b2fbf3ea">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program No. 93.867, Vision 
Research, National Institutes of Health, HHS)

    Dated: March 2, 2015.
Melanie J. Gray,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2015-05169 Filed 3-5-15; 8:45 am]
 BILLING CODE 4140-01-P


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<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                       2,605,460
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                             2,503,472
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 31,288,499
<INVESTMENTS-CARRYING>                      13,405,131
<INVESTMENTS-MARKET>                        13,313,247
<LOANS>                                     89,535,180
<ALLOWANCE>                                  1,318,374
<TOTAL-ASSETS>                             142,718,545
<DEPOSITS>                                 103,365,367
<SHORT-TERM>                                12,039,725
<LIABILITIES-OTHER>                          1,628,731
<LONG-TERM>                                 11,127,951
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,328,041
<OTHER-SE>                                  13,228,730
<TOTAL-LIABILITIES-AND-EQUITY>             142,718,545
<INTEREST-LOAN>                              2,078,577
<INTEREST-INVEST>                              624,404
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                             2,702,981
<INTEREST-DEPOSIT>                             931,791
<INTEREST-EXPENSE>                           1,232,965
<INTEREST-INCOME-NET>                        1,470,016
<LOAN-LOSSES>                                   75,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                962,854
<INCOME-PRETAX>                                649,999
<INCOME-PRE-EXTRAORDINARY>                     407,459
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   407,459
<EPS-PRIMARY>                                     0.33
<EPS-DILUTED>                                     0.33
<YIELD-ACTUAL>                                    4.29
<LOANS-NON>                                      6,620
<LOANS-PAST>                                    71,190
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                              1,545,048
<ALLOWANCE-OPEN>                             1,287,058
<CHARGE-OFFS>                                   46,852
<RECOVERIES>                                     3,168
<ALLOWANCE-CLOSE>                            1,318,374
<ALLOWANCE-DOMESTIC>                         1,318,374
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Exhibit 32.1
                      CHIEF EXECUTIVE OFFICER CERTIFICATION
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


      I, Alexander von Welczeck, Chief Executive Officer of Biofarm, Inc. (the
"Company"), hereby certify to my knowledge that:

      (1)   The Company's annual report on Form 10-KSB for the fiscal year ended
            October 31, 2004 (the "Form 10-KSB") fully complies with the
            requirements of Section 13(a) of the Securities Exchange Act of
            1934, as amended; and

      (2)   The information contained in the Form 10-KSB fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.


BIOFARM, INC.                       /s/ Alexander von Welczeck
                                    --------------------------------------------
(Registrant)                        Alexander von Welczeck
                                    Chief Executive Officer

Dated:   February 14, 2005
<PAGE>   1
                                                                    Exhibit 23.1












CONSENT OF KPMG LLP


The Board of Directors
AccuMed International, Inc.:

We consent to incorporation by reference in the registration statements on Form
S-3 (Nos. 333-28125, 333-07681, 333-04715 and 333-56393) and on Form S-8 (No.
333-11219) of AccuMed International, Inc. of our reports dated March 29, 2000
relating to the consolidated balance sheets of AccuMed International, Inc. and
subsidiary as of December 31, 1999 and 1998, and the related consolidated
statements of operations, stockholders' equity and cash flows for each of the
years in the three-year period ended December 31, 1999 and related schedule,
which reports appear in the December 31, 1999 annual report on Form 10-K of
AccuMed International, Inc.


/s/  KPMG LLP
Chicago, IL
April 12, 2000
**REGULATORY EVALUATION**

**Directorate Identifier:** 2011

- NM

- 061

- AD

**Executive Order 12866:** Could the AD be considered a “significant regulatory action”? YES ( ) explain NO (X) **DOT Regulatory Policies and Procedures:** Is the AD significant? YES ( ) explain NO (X) **Regulatory Flexibility Act:** Will the AD have a significant economic impact on a substantial number of small entities? YES ( ) explain NO (X) **Intrastate Aviation in Alaska:** This AD could affect intrastate aviation in Alaska. I s it appropriate t o include specific requirements for aircraft operated in Alaska, where aviation might be the only mode of transportation? YES ( ) explain NO (X)
REF ID:A275601 

..__oN Fl UE!:NTl,*;L. 

(Buie ltrs UB."8A1 flle GAi 23 350.05. 8Qb3t Clueifteattoa at 

"Geram IUU1a27 CtJ!mN from J'wbft&JT to llo•ml•r 1918 .. (U), 

4t.4 16 , .. 58) 

•tto.1 leeur1t:r A&fma71 1'ort Qeofp G. llm49• ~ 

'l'OI Cid.tar, US /t.ftlT lecal'tt7 ~. Al'ltngt.oa 1laU ltaUcrt, 

Arlington 12., Ya. 

1. tnal.Otle4 for ,.,.. t~--.t1on l• eon ot thi• Agenef '• 

n~ to Mr. 1lr1an • • tuqatr.r ca nb,1ect tecbll1e.1 lftlblieattan o"! 

1'11q ,a. 

2. Ba f.IMl'dl'J on 1Ub.'9ct pabllcaUon 1• •1111tlar to tbat 

111d.oh lie l'WCl'll•te4 tn lat.wr to your ozipnia.Uon of 2 .June 58. 

1'0B ftB ll!IBC'lut1 

3 l•l•i 

1 • 2 v/4 

A4c1ed 11M1t 

S. C.., 1tr 'tlo Jbt. V. G. 1r1U 

4t4 10 Jul7 58 

cc: NJ 

c/s 

AG Reading 1"1le 

AG-2 D1 v File .. ':A I c 1 

~ ~ 

M/R: Indoraement t'orwarda to t18ASA copy ot' reply Agency made to 

Mr. Bryan•• letter ot 16 May 58 vhich Kr. MUHp.n, x 4248, USASA., 1• 

aware ot'. B'e waa adviaed tbat SBC would check Ann Arbor, Mich. to veri:tY 

availability of Publication to the Public and that Mr. Bryan•• letter to 

tJ8ASA would be g1 ven to Dr. Sinkov Vho ¥111 1nf'ormally diacuas Agency t'eeliaga on l'oreign aub•cr1pt1o118. 

Declassified and approved for release by NSA on 05-27-2014 pursuantto E.O. 1352a
1 NA~°k.TITLECA>- \_ \,.,,. ~ )~\i).S INITIALS CIRCULATE 

ORGA•l2Al'ioN AND LOCATION l N {.;,-- DATE COORDINATION 

/JG -L 

FILE 

INFORMATION 

NECESSARY ACTION 

NOTE AND RETURN 

SEE ME 

SIGNATURE 

PL 86-36/50 USC 3605 

NSA on 02-05-2014 ursuantto E.O. 1352 

DATE 

1~~-F----4LF-=~~~~~~~-1L1fo'~rr" 

DD FORM 9 5 Replaces D.A. AGO Form89li, 1 Apr 48, and .A.FHQ I FEB 50 Fozm J2, 10 Nov •7, wh.loh m&J' be lJ89d. 
_ . .,; 

• REF ID: A59~45 . ~- ~ ~ 

- .. -· e 

· Office Memorandum·-~ uNITED sTATEs GOVERNMENT 

TO ; 4 ,,l;J/'f CJ/1"- / DATB: /Q ~.J-z? 

. "pa.oM : d'JA /~ 

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, 

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1:~~1: i.':1:," : 11 :wil:: !:~\tf.:!'i):--;r t': 11. ~~~~~~~~~~ 

'f8P 9E8RE'f 

Declassified and approved for release by NSA on 04-30-2014 pursuant to E. 0. 1352B 

A MESSAGE FROM ORIGINATOR TO MIS 

"l=QP &EGRET
Exhibit 32.2

                          SECTION 906 CFO CERTIFICATION


In connection with the filing of this Annual Report of Hibshman Optical Corp.
(the "Company") on Form 10-KSB for the period ended December 31, 2004 with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Carmine
Catizone, Treasurer and Chief Financial Officer, certify, pursuant to 18 U.S.C.
as. 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, as amended; 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/ CARMINE CATIZONE
                                   ---------------------------------------------
                                   Name:  Carmine Catizone
                                   Title:  Treasurer and Chief Financial Officer
                                   Date:   March 30, 2005


A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by it and furnished to the
Securities and Exchange Commission or its staff upon request.
<PAGE>
 
                                                                    EXHIBIT 23.1


                   Consent of Independent Public Accountants


As independent public accountants, we hereby consent to the incorporation by
reference of our reports included in this Form 10-K/A, into Cabot Trust's
previously filed and amended Registration Statements, as applicable, on Form 
S-3 (File Nos. 333-71585, 333-71565, 333-61543) and S-8 (File No. 333-65169).



Boston, Massachusetts                                       ARTHUR ANDERSEN LLP
April 16, 1999