alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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should not be published and is not precedent except under the limited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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-50796

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

CURTIS RAY DRIVER

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 6:05-CR-211-ALL

Before GARWOOD, JOLLY and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Curtis Ray Driver was convicted of possession with the intent to distribute

crack cocaine and possession of a firearm during a drug-trafficking offense. In

December 2006 Driver was sentenced to consecutive terms of 48 months and 60

months of imprisonment. By order entered April 9, 2008, the district court

subsequently granted a 18 U.S.C. § 3582(c)(2) motion, in light of the Sentencing

Commission’s recent amendments to the base offense levels for crack cocaine

United States Court of Appeals

Fifth Circuit

F I L E D

June 17, 2009

Charles R. Fulbruge III

Clerk
No. 08-50796

2

offenses, and reduced Driver’s 48-month sentence to 38 months. Driver also filed

a 28 U.S.C. § 2255 motion challenging his conviction. By order entered April 9,

2008, the district court denied Driver’s § 2255 motion. Driver did not appeal this

decision of the district court.

Driver now appeals the district court’s July 10, 2008 order denying

Driver’s motion, filed June 30, 2008, for copies of the search warrant that was

executed in his criminal case and his arrest records. Driver alleges that these

records are necessary to proceed with a claim challenging his conviction for

possession of a firearm during a drug-trafficking offense. He also attacks the

validity of the conviction.

Because Driver did not timely appeal the denial of his § 2255 motion, any

challenge to his conviction is not before this court. When Driver filed his motion

for documents in the district court, he did not have a § 2255 motion pending

before the district court; thus, Driver is not entitled to free copies of the

documents in question. See United States v. Carvajal, 989 F.2d 170, 170 (5th

Cir. 1993); Walker v. United States, 424 F.2d 278, 278-79 (5th Cir. 1970).

Accordingly, the district court did not err in denying Driver’s motion. The

judgment of the district court is AFFIRMED.
###### **EXHIBIT 32.2**

 

#### **Section 1350Certificate of ChiefFinancial Officer**

               In connection with theQuarterly Rreport of Summus, Inc. (USA)  (the “Company”) on Form 10-Q for theQuarter ended June 30, 2004, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,Donald T. Locke, the Chief Financial Officer ofthe Company, certify, 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 fully complieswith the requirements of Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934; and

                2. The information containedin this Report fairly presents, in all material respects, the financial conditions and results of operations of theCompany.

 

 

| Date:          August 12, 2004      | /s/ Donald T.    Locke                                      Donald T. Locke    Chief FinancialOfficer |
|--------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
<PAGE>   1
                                                                    Exhibit 99.6

                        Report of Independent Accountants

To the Board of Directors of
Key Bank USA, National Association

We have examined management's assertion, included in the accompanying Report of
Management on Internal Control over Securitized Receivables, that Key Bank USA,
National Association maintained effective internal control over servicing
securitized receivables of Key Consumer Acceptance Corp. as of December 31,
1999.

Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly, included
obtaining an understanding of internal control over servicing of securitized
receivables, testing and evaluating the design and operating effectiveness of
the internal control, and such other procedures as we considered necessary in
the circumstances. We believe that our examination provides a reasonable basis
for our opinion.

Because of the inherent limitations in any internal control, errors or fraud may
occur and not be detected. Also, projections of any evaluation of internal
control over servicing securitized receivables to future periods are subject to
the risk that internal control may become inadequate because of changes in
conditions, or that the degree of compliance with the policies or procedures may
deteriorate.

In our opinion, management's assertion, that Key Bank USA, National Association
maintained effective internal control over servicing securitized receivables of
Key Consumer Acceptance Corp. as of December 31, 1999, is fairly stated, in all
material respects, based upon criteria established in "Internal Control -
Integrated Framework" issued by the Committee of Sponsoring Organizations of the
Treadway Commission.

                                                   /s/ Ernst & Young LLP

Cleveland, Ohio
March 7, 2000



                                    Page 23
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a p p e a l p r o c e d u r e d e p r i v e s u s o f j u r i sd i c t i o n o v e r t h i s a p p e a l

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r t i f y t h a t t h e a b o v e i s a t

r u e e x t r a c t f r o m

t h e m i n u t e s o f t h e C o u r t o f A p p e a l s o f G e o r g i a

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.

, C l e r k

. December 13, 2016

12/13/2016
Exhibit 32.2



Certification



Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned hereby certifies that:



(1) I have reviewed the Quarterly Report on Form 10-Q of Inland Land Appreciation Fund II, L.P.  (the "Report") to which this statement is an Exhibit;



(2) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



(3) The information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of Inland Land Appreciation Fund II, L.P.



|By:    | Inland Real Estate Investment Corporation                            
|------ | ---------------------------------------------------------------------
|       | General Partner                                                      
|       |                                                                      
|By:    | /S/ Kelly Tucek____________________________________                  
|       |                                                                      
|Name:  | Kelly Tucek                                                          
|Title: | Vice President of the General Partner and                            
|       | principal financial officer of Inland Land Appreciation Fund II, L.P.
|Date:  | November 10, 2005
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3667 Enrolled Bill (ENR)]

        H.R.3667

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 An Act

 
To designate the facility of the United States Postal Service located at 
   16555 Springs Street in White Springs, Florida, as the ``Clyde L. 
                    Hillhouse Post Office Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. CLYDE L. HILLHOUSE POST OFFICE BUILDING.
    (a) Designation.--The facility of the United States Postal Service 
located at 16555 Springs Street in White Springs, Florida, shall be 
known and designated as the ``Clyde L. Hillhouse Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Clyde L. 
Hillhouse Post Office Building''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
Memorandum Subject:
From:

To: September 25,2015
September 10, 2015, Teleconference Between the National Oil and Gas Emissions Committee and U.S. Environmental Protection Agency (EPA)



# hr **s~ ·** **~en or**  Policy Advisor Outreach arid Information Division, Office ofAir Quality Planning and Standards (OAQPS) Docket- EPA-HQ-OAR-2014-0606 This memorandum to docket provides a briefsummary ofthe subject meeting concerning the proposed rulemaking: "Review ofNew Sources and Modifications in Indian Country: Federal Implementation Plan for Managing Air Emissions from True Minor Sources Engaged in Oil and Natural Gas Production in Indian Country." Teleconference details: When: September 10, 2015 Time: 2:00pmET Participants: Chris Stoneman, EPA OAQPS Bruce Moore, EPA OAQPS Jennifer Snyder, EPA OAQPS Other EPA staff National Oil and Gas Emissions Committee Leadership and Members During the teleconference, EPA provided an overview ofthe four recently signed oil and natural gas proposed actions (see attached agenda). Afterpresenting the proposed rulemaking mentioned above (one ofthe four), EPA expressed a willingness to answer any questions, which EPA answered. The EPA indicated that we would be available to answer questions after the call thatNational Oil and Gas Emissions Committee members may have. This memorandum will be filed inthe docket for the proposed rule and will be available for public review.

### National Oil and Gas Emissions Committee Meeting Time: 2:00-3:30 pm Eastern, Thursday, September 10, 2015 Call-in number: (866) 299-3188 ConfirmationNumber: 919 541 5455 1
. Approve minutes ofAugust meeting · 2. EPA's proposal to reduce methane and VOC emissions from the oil and gas sector -Bruce Moore & Chris Stoneman, OAQPS http://www.epa.gov/airquality/oilandgas/actions.html 3. Measuring Methane Emitted from Natural Gas Gathering and Processing Facilities

- Dr. Anthony Marchese, Colorado State Webinar link: https://meetings.webex.com/collabs/meetings/join?uuid=MBP3Z508GTD1REOVJNX6F X14PU-1RRT
. (Meeting number: 190 430 216) Paper: http://pubs.acs.org/doi/abs/10.1021/acs.est.5b02275 4. Update on Area Oil & Gas Emissions Tool development work and 2014 NEI timeline- Jennifer Snyder, OAQPS 5. How are oil & gas emissions handled in the Updated Ozone Transport Modeling Data? http://www.regulations.gov/ #!docketDetail;D=EPA-HQ-OAR

-2015-0500 6. Reminder ofplannedjoint call with industry about the 2014 NEI (scheduled for Thursday, November 12, 2015 at 2 pm Eastern) 7. Call for content for the Oil & Gas Information Repository (http://vibe.cira.colostate.edu/ogeclhome
.htm) 8. Next meeting: Thursday, October 8, 2015 at 2:00pm-3:30pmEastern, same call in number and confirmation number



### 1
ex10x2.htm


Exhibit 10.2


 


 


 



Pure Bioscience, Inc.


1725 Gillespie Way


El Cajon, CA 92020












April 23, 2013







Re:           Securities Purchase Agreement, dated April 24, 2013







Dear Cort Meinelschmidt:







Pure Bioscience, Inc. (the “Company”) is entering into that certain Securities Purchase Agreement, dated April 24, 2013 (the “Purchase Agreement”) with the undersigned (the “Holder”) and certain other Purchasers named therein (each a “Purchaser” and collectively, the “Purchasers”) pursuant to which the Company is selling and the Purchasers are acquiring Shares and Warrant Shares (as such terms are defined in the Purchase Agreement, and together, the “Registrable Securities”).  In connection with the Purchase Agreement, the Company has agreed to provide the Purchasers with certain registration rights with respect to the Registrable Securities.







The Company has agreed to prepare and file with the Securities Exchange Commission a registration statement on Form S-1 or other appropriate form under the Act, to register for resale the Shares and Warrant Shares issued as part of the Purchase Agreement within 30 days of the Closing Date. The Company will use its best efforts to have the Registration Statement become effective, and to keep such Registration Statement effective until the earlier of (i) the date on which all Registrable Securities covered by such Registration Statement have been sold, (ii) the date on which all Registrable Securities covered by such Registration Statement may be sold without volume restrictions pursuant to Rule 144(b)(1), and (iii) three (3) years from the Closing.


 


In the event the Company does not file to register for resale the Shares and Warrant Shares issued as part of the Purchase Agreement within 45 days of the Closing Date, the Company will issue 100 Warrant Shares for each day that such filing is not completed, not to exceed 18,000 Warrant Shares.


 


Sincerely,







PURE BIOSCIENCE, INC.







By:  /s/ Micahel L. Krall   


Name – Michael L. Krall


Title – President and CEO







ACCEPTED AND AGREED:







By:   /s/ Cort Meinelschmidt    


Name – Cort Meinelschmidt, Sentinel Capital Solutions Inc.


Title –  CEO
**Exhibit 32.2**

 

CERTIFICATIONPURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTEDPURSUANT TO

SECTION 906OF THE SARBANES-OLXLEY ACT OF 2002

 

In connection with theannual report on Form 10-K/A of SPACEHAB, Incorporated (the “Company”) forthe fiscal year ended June 30, 2007 as filed with the Securities andExchange Commission on the date hereof (the “report”), I, Brian K. Harrington,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatto my knowledge:

 

(1)           the report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)           the information contained in thereport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
| /s/Brian K. Harrington                 |   |
|----------------------------------------|--------|
| Brian K. Harrington,  Senior Vice      |
| President and Chief  Financial Officer |
| February 28, 2008                 |

 

 

The foregoingcertification is being furnished solely to accompany the report pursuant to 18U.S.C. Section 1350, and is not being filed for purposes of Section 18of the Securities Exchange Act of 1934, as amended, as is not to beincorporated by reference into any filing of the Company, whether made beforeor after the date hereof, regardless of any general incorporation language insuch filing.

 

----
Exhibit 32.2

                            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 Quarterly Report of Vapor Fuel Technologies, Inc. on Form
10-QSB/A for the period ending  September 30, 2002, as filed with the Securities
and  Exchange  Commission  on the date hereof (the  "Report"),  I, Larry  Chace,
Treasurer and principal financial officer of the Company,  certify,  pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that, to the best of my knowledge and belief:

         (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/ Larry Chace
Larry Chace
Chief Financial Officer
January 13, 2004


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version 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 32

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Applebee's  International,  Inc. (the
"Company")  on Form 10-Q for the quarterly  period ended  September 26, 2004, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"), the undersigned,  in the capacities and dates indicated below, hereby
certify  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 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 results of operations of the
Company.



Date: October 27, 2004            By: /s/ Lloyd L. Hill
     -----------------------         -----------------------------------------
                                     Lloyd L. Hill
                                     Chairman and Chief Executive Officer



                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Applebee's  International,  Inc. (the
"Company")  on Form 10-Q for the quarterly  period ended  September 26, 2004, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"), the undersigned,  in the capacities and dates indicated below, hereby
certify  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 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 results of operations of the
Company.



Date: October 27, 2004            By: /s/ Steven K. Lumpkin
     -----------------------         -----------------------------------------
                                     Steven K. Lumpkin
                                     Chief Financial Officer
Texas Air Guard pairs with Chilean Air Force for humanitarian mission
 
  By Army Sgt. Elizabeth Pena
Exhibit 32

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In  connection  with the  Quarterly  Report  of  Forgotten  Investments
Company, Inc., on Form 10- QSB for the period ending June 30, 2002 as filed with
the Securities and Exchange  Commission on the date hereof (the  "Report"),  the
undersigned,  Daniel L. Hodges, Chief Executive Officer and Principal Accounting
Officer of the Company,  certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002,  that to the best of my
knowledge and belief:

         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.


Date: April 19, 2004

/s/ Daniel L. Hodges
Daniel L. Hodges
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version 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.