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

for the Fifth Circuit ____________ 

No. 22-40792 

Summary Calendar 

____________ 

United States of America, 

Plaintiff—Appellee, 

versus

Liborio De Jesus Gomez-Gomez, 

Defendant—Appellant. 

______________________________ 

Appeal from the United States District Court 

for the Southern District of Texas 

USDC No. 7:21-CR-2238-1 

______________________________ 

Before Stewart, Duncan, and Wilson, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Liborio De Jesus 

Gomez-Gomez 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). Gomez-Gomez has not filed a 

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

_____________________ 

*

 This opinion is not designated for publication. See 5th Cir. R. 47.5. 

United States Court of Appeals 

Fifth Circuit 

FILED 

May 25, 2023 

Lyle W. Cayce 

Clerk 

Case: 22-40792 Document: 00516763699 Page: 1 Date Filed: 05/25/2023
No. 22-40792 

2 

record reflected therein. We concur with counsel’s assessment that the 

appeal presents no nonfrivolous issue for appellate review. Accordingly, 

counsel’s 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: 22-40792 Document: 00516763699 Page: 2 Date Filed: 05/25/2023
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 24-6576

DIONDRE KE-SEAN JONES,

Plaintiff - Appellant,

v.

CORRECTIONAL OFFICER APPENHEIMER,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. James C. Dever III, District Judge. (5:21-ct-03322-D)

Submitted: September 16, 2024 Decided: September 20, 2024

Before GREGORY, THACKER, and RICHARDSON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Diondre Ke-Sean Jones, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 24-6576 Doc: 8 Filed: 09/20/2024 Pg: 1 of 2
2

PER CURIAM:

Diondre Ke-Sean Jones seeks to appeal the district court’s judgment dismissing 

without prejudice his 42 U.S.C. § 1983 action for failure to prosecute. We dismiss the 

appeal for lack of jurisdiction because the notice of appeal was not timely filed.

In civil cases, parties have 30 days after the entry of the district court’s final 

judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court 

extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under 

Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a 

jurisdictional requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007).

The district court entered judgment on September 11, 2023, and the appeal period 

expired on October 11, 2023. Jones filed the notice of appeal on May 30, 2024.

*

 Because 

Jones failed to file a timely notice of appeal or to obtain an extension or reopening of the 

appeal period, we dismiss the appeal. 

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

* For the purpose of this appeal, we assume that the date appearing on the notice of 

appeal is the earliest date Jones could have delivered the notice to prison officials for 

mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).

USCA4 Appeal: 24-6576 Doc: 8 Filed: 09/20/2024 Pg: 2 of 2
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           6,233
<INT-BEARING-DEPOSITS>                             553
<FED-FUNDS-SOLD>                                 9,740
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     50,328
<INVESTMENTS-CARRYING>                              20
<INVESTMENTS-MARKET>                                20
<LOANS>                                        102,501
<ALLOWANCE>                                        679
<TOTAL-ASSETS>                                 177,618
<DEPOSITS>                                     165,541
<SHORT-TERM>                                     3,983
<LIABILITIES-OTHER>                                631
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                7
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<OTHER-SE>                                           0
<TOTAL-LIABILITIES-AND-EQUITY>                 177,618
<INTEREST-LOAN>                                  7,907
<INTEREST-INVEST>                                4,008
<INTEREST-OTHER>                                   427
<INTEREST-TOTAL>                                12,342
<INTEREST-DEPOSIT>                               5,382
<INTEREST-EXPENSE>                               5,718
<INTEREST-INCOME-NET>                            6,624
<LOAN-LOSSES>                                      803
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  1,470
<INCOME-PRETAX>                                      7
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         1
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                   4,227
<LOANS-NON>                                      1,003
<LOANS-PAST>                                        47
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  2,790
<ALLOWANCE-OPEN>                                   699
<CHARGE-OFFS>                                      925
<RECOVERIES>                                       101
<ALLOWANCE-CLOSE>                                  679
<ALLOWANCE-DOMESTIC>                               679
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            217


</TABLE>
• REF ID : A67 82 • 

0CS1g0-413.52-aa.. (6-26-l.S> 1n. ID4. 10. 

war DfJSBrlment, OCIJ!.go, YlaQlagt;oa, AU.gun 21, 193.S· Toa lb"· w. r. rr1ec1maD 

BDd ... r. Be acnrlett, w.- Plaaa and ft'a1ld,ag Dl'da1on. 

' 

1. Ia ooaplianoe with r•qu•n acle la pangrapb 4, or 1our lllalOl'IUMlam, 

elated Jun• 26, 193.S, relatiTe to a invention aovering u attachllent to a 

aleotri.aaJ. OOwdiillg 80rlel't th .. e la llO ObJectiioa \o J'0111" Gering lido 

aeptb.tiou 111.th •J' :laduatrial orgaizatia nth a Ti• to poadbh sale 

of aomim'olal rlP'• to JOV lnYentlan, cleeori'bed ia the mmoramlta herein 

referred to. 

• Order of tlm Chief Signal otri.ew1 

Dawaon Olmatead, 

Colaael, Bipal corpa, 

DeautiTee 

lA\pproved for Release by NSA on 09-05-2013 pursuant to E. 0. 1352§
**Exhibit    23.1** Consent of    Independent Registered Public Accounting Firm         The Board of Directors    Online Resources Corporation:     We consent to the incorporation by reference in the registration    statements    (No. 333-138234,No. 333-122699,No. 333-106604,    and    No. 333-52820)    on    Form S-3,    and registration statements (    No. 333-128291,No. 333-115940,No. 333-40674    and    No. 333-92607)    on    Form S-8    of Online Resources Corporation our reports dated April 8,    2008, with respect to the consolidated balance sheet of Online    Resources Corporation as of December 31, 2007 and the    related consolidated statements of operations,    stockholders’ equity and cash flows for the year ended    December 31, 2007, and the related financial statement    schedule, and the effectiveness of internal control over    financial reporting as of December 31, 2007, which reports    appear in the December 31, 2007 annual report on    Form 10-K    of Online Resources Corporation. Our report dated April 8,    2008, on the effectiveness of internal control over financial    reporting as of December 31, 2008, expresses our opinion    that Online Resources Corporation did not maintain effective    internal control over financial reporting as of    December 31, 2007 because of the effect of a material    weakness on the achievement of the objectives of the control    criteria and contains an explanatory paragraph that states that    the Company determined that it did not have effective monitoring    activities in the financial close process and inadequate    policies and procedures for the accounting of income taxes.     /s/ KPMG LLP     McLean, Virginia    April 8, 2008
#### In re Manning.

*March*3

*March 18, 1890.*

*In re Burhe,*ante, p. 357, followed.

Application for a Writ of *Habeas Corpus.*

For the petitioner there was a brief by *Cole & O'Keefe,*and oral argument by *JSublee A. Cole.*

*L. K. Luse,*Assistant Attorney General, *contra.*

Eton, J.

In November, 1889, an information was exhibited against the petitioner in the municipal court of the city and county of Ashland, charging him with the crime of manslaughter, upon which he was tried and convicted in said court, and sentenced to imprisonment in the state prison for three years, and is now so imprisoned. The facts in his case, in all other respects, are like those in *In re Burke, ante,*p. 357, except that this petitioner pleaded in abatement the facts stated in his petition, which are substantially the same as are stated in Burke’s petition. The plea was overruled, and is of no significance upon this application. The matter is ruled by the decision in *Burlce's Case,*from which it is not distinguishable in principle.

*By the*Court.— The application for a writ of *habeas cor~ pus*is denied, and the petition dismissed.
**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**

I, Robert E. Wolfe, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Advanced Oxygen Technologies, Inc. (the "Company") on Form 10-QSB for the quarter ended Sep 30, 2007, as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-QSBSB fairly presents in all material respects the financial condition and results of operations of the Company.

Date: November 5, 2007

/s/Robert E. Wolfe

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

                                                       Robert E. Wolfe

                                                       Chief Executive Officer

A signed original of this written statement  required by Section 906 is retained by Advanced Oxygen Technologies, Inc. and will be furnished to the Securities and Exchange Commission upon request.

**CERTIFICATION OF TREASURER**

**PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

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

I, Robert E. Wolfe, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Advanced Oxygen Technologies, Inc. (the "Company") on Form 10-QSB for the quarter ended Sep 30, 2007, as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-QSBSB fairly presents in all material respects the financial condition and results of operations of the Company.

Date: November 5, 2007

/s/ Robert E. Wolfe

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

                                                         Robert E. Wolfe

                                                         Treasurer

A signed original of this written statement  required by Section 906 is retained by Advanced Oxygen Technologies, Inc. and will be furnished to the Securities and Exchange Commission upon request.
# Materials Not Included in

Airworthiness Directive (AD) Docket

Docket Number: FAA

- 2015

- 0247

Directorate Identifier: 2014NM178AD

777

- 54A0031

--- 6/7/13

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the

Supplemental AD Docket



### MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW.,

Renton, WA 98057

425.227.1221

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

Form Date: 03/05/2008
• REF ID:A67024 

3 • 

CROSS REFERENCE SHEET 

MAIN SUBJECT 

Sate Dep&r'blen't SIGTO'f 

Requ1Jllell•nta 

To. Al-80 

From Col RlaexBRIEF SUMMARY 

CLASSIFICATION NUMBER 

Yape..One Tia• 

Date of Commun1cat1on 9 8oT 411 

Date of Basic Document 

Ool Biaer attende4 a. eonterence with &'tale an.4 laYJ Depa!1aent ott1c&a.ls to 41•ouaa at&te Depa.i'"tljetlt ~•qu1re11enla to~ ezpandtnt their SIGTOT n•twork io 1A01ude Bolle aad •an:t1ng. 

Class1f1er - le~e Routed to rile 

T yp1st llH BeJka Date of Class1fymg l'1 Ro• 4" 

CROSS REFERENCE NUMBERS 

FILE Depa.1111en:t-81iate 

WDGAS Form No 1493 7October1946 44052 

@'pp roved for Release by NSA on 04-16-2014 pursuantto E .0. 1352a
'9 

REF ID:A40253 

• • 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 1942 

· Mr. S~MNERs of Texas introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL. 

To penalize the divulging of the contents of confidential Government documents. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That whoever, without authority, shall willfully and know4 iugly furnish, communicate, divulge, or publish to any person, 

5 in whole or in part, copies or the contents, substance, purport, 

6 effect, or meaning of any file, instrument, letter, memoran7 dum, book, pamphlet, paper, document, manuscript, map, 

8 picture, plan, record, or other writing in the custody of the 

9 United States, or of any agency, officer, or employee thereof, 

10 declared to be secret or confide.ntial by statute, or declared 

11 to be secret or confidential by any rule or regulation of any 

@'pproved for Release by NSA on 07-18-2014 pursuantto E.O. 1352a 
REF ID:A40253 

• 2 • 

1 department or agency of the United States of which he has 

2 knowledge or which has been published in the Code of 

3 Federal Regulations or hl the :Federal Register, shall be fined 

4 not more than $5,000 or imprisoned for not more than two 

5 years, or both. Th~ provmom of this secti9n are in addition 

6 to, and do not supersede, other laws. 

7 SEc. 2. The head of any executive department, inde8 pendent establishment, or other ·agency may authorize the 

9 disclosure ·of information not declared to be secret or confi10 dential by statute in the custody of his department, establish11 ment, or agency to particular persons or classes of persons 

12 or to the public 1 generally. The provisions of section 1 of 

13 this Act shall not apply to disclosures so authorized. 
\ 

REF ID:A40253 

-HCONGRESS H R 663_. 2D SESSION e e ~ 

A BILL 

To penalize t~e divulging of the contents of 

confidential Government documents. 

By Mr. SUMNERS of Texas 

FEBRUARY 18,1942 

Referred to the Committee on the Judiciary
---~--

• REF)ID:A56873 

eo.dr. A. G. Dermiston 

Foreign Office Building, lbom 47 

London, F.ni;land 

M7 dear Dennietons 

June 11, 1942 

It has taken me a lona time to get around to replJing to 

your veey cordial letter of the 8th of March brought over by 

Colonel Tiltman, but 1 t is not because I haven 1 t been th1nld.ne 

about you. 

Tiltman has told me eome of the details of the present 

organization and I hope that. you have found it more congenial and 

lees onerous to be in London. I dare say that one of the immediate 

consequences of the change in the picture will be that you now tind 

considerably more time to devote to the purely diplomatic problems 

and doubtless there will be taUch benef:f.. t from your closer supe?'-

vision over this field. It is something that I 110uld like to do 

also. 

Your suggestion regarding French, Italian and South American 

work seems most logical and I hope that there can be a full inte?'-

change of technical information and results thereon. 

We are soon to be in the throes of mo'rina our establishment 

a short distance out of ~''ashington and for a tiM there may be a 

slight interruption in certain work but this should not be long 

drawn out nor s&Yere. We did not go quite IO far out as you went 

when B.P. was selected, for w aN aoiDI onl.7 about a half dozen 

miles awa7 from our present location. lfe ha• nice grounds and a 

good size brick structure to begin with but doubtless we shall .find 

it necessary to add temporary structures. 

I personnaly e~.joyed Colonel Tilt.man's visit exceedinal.7• 

You may perhaps know that he was a most welcome guest at our home 

for a few da)'S, as he found acconmodations practioallJ impossible 

to obtain art.er a return f'rom a short visit to Canada. The two 

or ua therefore had a good deal of time in the nen1.nga to diacu111 matters of mutual interest and I found hi• aoapan.y most 

enjoyable. In addi ti.on, of course, we had a great deal of help 

SECRE{ 

Declassified and approved for release by NSA on 05-23-2(i.14 pursuant to E.O. 

13526 .... 
' -' . I 

', 

• REF ID:A56873 • 

-, 

' 

June 11, 1942'' 

Ccmdr. Dermiston . , 

from his being here and the ex.cbaDge ot ideas •• most beneficial. 

, , I am encloain& for J'OUr information a copy ot rrq repl.7 to 

Baudouin•s letter. I suppose that by this t.ille be bas practicalq 

completed his t.ranslat.im and I hope that be will be able to find 

a publisher. It. is too bad tat tbe red tape involved in trying 

to get hi.Ila. a small roy<J' forced us to abandon the project which 

I had mentioned. , 

I have been playing a bit of golt; in tact, I should sa.7 

I haw played the whole winter through at least once a week and 

sometimes twice. Thank ;you so much tol" )'O'QJ' wr,y cordial inYitation 

to test flOll8 or 70ur courses if it. i• ever decided that I am to 

come over to visit. Pleaae )_et me alao aesure you or -sq sincere 

appreciation of your ofte~ ot hospitality-•• 

Wi~h cordial greetings from both Jira. )ri.adllmI and myself 1 Iaa, . -

&ncereq )Ours, 

' 

Willia F. Friedllan 

Head Ceyptanal7ft 

SEGRET1 I ' '-'\ I 

' -I \ .- 2 -

" '
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
        Exhibit 27.1, Financial Data Sheet
</LEGEND>
<CIK>                         0000351721
<NAME>                        Advanced Neuromodulation Systems, Inc.



<S>                              <C>
<PERIOD-TYPE>                    9-MOS
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<PERIOD-START>                                      JAN-01-2000
<PERIOD-END>                                        SEP-30-2000
<CASH>                                                6,307,629
<SECURITIES>                                          2,027,560
<RECEIVABLES>                                         3,908,382
<ALLOWANCES>                                            138,698
<INVENTORY>                                           5,751,803
<CURRENT-ASSETS>                                     20,166,116
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<COMMON>                                                435,418
<OTHER-SE>                                           38,270,667
<TOTAL-LIABILITY-AND-EQUITY>                         43,713,172
<SALES>                                              17,069,102
<TOTAL-REVENUES>                                     17,069,102
<CGS>                                                 5,593,106
<TOTAL-COSTS>                                        10,695,569
<OTHER-EXPENSES>                                      (413,102)
<LOSS-PROVISION>                                              0
<INTEREST-EXPENSE>                                            0
<INCOME-PRETAX>                                       1,193,529
<INCOME-TAX>                                            516,259
<INCOME-CONTINUING>                                     677,270
<DISCONTINUED>                                                0
<EXTRAORDINARY>                                               0
<CHANGES>                                                     0
<NET-INCOME>                                            677,270
<EPS-BASIC>                                                 .09
<EPS-DILUTED>                                               .08



</TABLE>
99-1532.

#### Marcum v. Rice.

Franklin App. Nos. 98AP-717, 98AP-718, 98AP-719 and ,98AP-721. This cause is pending before the court as a discretionary appeal and claimed appeal of right. Upon consideration of appellants’ motion for stay,

IT IS ORDERED by the court that the motion for stay be, and hereby is, denied.

Moyer, C.J., and Cook, J., dissent.
<PAGE>   1
                                                                 EXHIBIT 23.1

                         INDEPENDENT AUDITORS' CONSENT


The Board of Directors
AccuMed International, Inc.


We consent to incorporation by reference in the registration statements (No.
333-04715, 033-98902, and 333-07681) on Form S-3 and (No. 333-04320 and
333-11219) on Form S-8 of AccuMed International, Inc. of our report dated March
28, 1997, relating to the consolidated balance sheets of AccuMed International,
Inc. as of December 31, 1996 and 1995 and the related consolidated statements of
operations, stockholders' equity, and cash flows for the year ended December 31,
1996 and the three months ended December 31, 1995, which report appears in the
December 31, 1996 annual report on Form 10-KSB of AccuMed International, Inc.



                                           /s/ KPMG Peat Marwick LLP


Chicago, Illinois
July 17, 1997
<PAGE>

                                                                      EXHIBIT 23
                                                                      ---------
                      CONSENT OF INDEPENDENT ACCOUNTANTS
                      ----------------------------------


We hereby consent to the incorporation by reference in the Registration
Statement on Form S-3 (No. 333-48355/48355-01) and in the Registration
Statements on Form S-8 (Nos. 33-52810, 33-77168, 33-89298, 33-80439, 333-20993,
333-42241, 333-61669 and 333-80027) of Tommy Hilfiger Corporation of our report
dated May 20, 1999 relating to the financial statements and financial statement
schedules, which appears in this Form 10-K.


/s/ PricewaterhouseCooopers LLP

PricewaterhouseCoopers LLP
New York, New York
June 24, 1999