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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 December 29, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-50101 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ROBERT TAPIA, JR., Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas, Del Rio

USDC No. DR-03-CR-373-1-AML

-------------------- Before REAVLEY, DAVIS and PRADO, Circuit Judges.
PER CURIAM: * Robert Tapia, Jr., appeals his jury-trial conviction for possession with intent to distribute marijuana and importation of marijuana. He first argues that the district court abused its discretion when it admitted evidence of a prior drug trafficking conviction. The district court’s evidentiary ruling with respect to Tapia’s 1995 drug trafficking conviction was in accord with F ED . R. E VID . 404(b), which provides that extrinsic evidence of otherNo. 04-50101 -2- crimes, wrongs, or acts is not admissible to prove the character of a person to show action in conformity therewith, but is admissible for other purposes, such as intent. See F ED . R. E VID . 404(b); United States v. Beechum , 582 F.2d 898, 911 (5th Cir. 1978) (en banc). Also, the district court diminished the prejudicial effect of the F ED . R. E VID . 404(b) evidence by giving a limiting instruction to the jury regarding the proper use of the evidence. United States v. Taylor , 210 F.3d 311, 318 (5th Cir. 2000). The district court therefore did not abuse its discretion with reference to the challenged evidentiary ruling. United States v. Buchanan , 70 F.3d 818, 831 (5th Cir. 1995). Tapia avers next that the evidence was insufficient on all counts of conviction because the Government failed to establish that he had knowledge of the marijuana secreted in the spare tire of the vehicle that he was driving. The argument fails. Viewing the evidence in the light most favorable to the prosecution, there was ample circumstantial evidence of guilty knowledge. See United States v. Mendoza , 226 F.3d 340, 343 (5th Cir. 2000). Tapia was the driver of a vehicle that contained a spare tire in which 32 packages containing approximately 15 kilograms of marijuana were secreted. On the basis of Tapia’s implausible explanation, lack of nervousness, and the large amount of marijuana found, there was more than sufficient evidence to support an inference by the jury that Tapia knew the spare tire contained marijuana. See United States v. OrtegaNo. 04-50101 -3- Reyna , 148 F.3d 540, 544 (5th Cir. 1998); United States v. Villarreal , 324 F.3d 319, 324 (5th Cir. 2003); United States v. Resio-Trejo , 45 F.3d 907, 911 (5th Cir. 1995). The judgment of the district court is AFFIRMED.
NO. 07-11-0478-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

JANUARY 5, 2012

______________________________

KENNETH STEPHEN CAVAZOS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

_______________________________

FROM THE 47th DISTRICT COURT OF POTTER COUNTY;

NO. 63,422-A; HON. DAN L. SCHAAP, PRESIDING

_______________________________

ORDER OF DISMISSAL

_______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant, Kenneth Stephen Cavazos, appeals his conviction for unauthorized use 

of a vehicle. The certification of right to appeal stated that 1) the criminal proceeding was 

“a plea-bargain case, and the defendant has NO right of appeal” and 2) “the defendant 

has waived the right of appeal.” This circumstance was brought to the attention of 

appellant and opportunity was granted him to obtain an amended certification entitling 

him to appeal. No such certification was received within the allotted time. Having no 
2

certification indicating that appellant has a right to appeal his conviction, we dismiss the 

appeal per Texas Rule of Appellate Procedure 25.2(d).

Per Curiam

Do not publish.
No. PD-0389-15 IN THE COURT OF CRIMINAL APPEALS OF TEXAS SITTINGAT AUSTIN, TEXAS

ADRIAN THOMAS WALKER Appellant

THE STATE OF TEXAS Appellee 

### RECEIVEDIN COURT OF CRIMINALAPPEALS 

### APR 24 2015 AbelAcosta, Clerk FILED IN COURT OF CRIMINALAPPEALS APR 24 2015 Abel Acosta, Clerk OnPetitionfor Discretionary Reviewfrom the Fifth Court of Appeals Sitting at Dallas, Texas in Cause No. 05-14-00148-CR 

### On appealfrom 283r Judicial District Court of Dallas County, Texas In Cause No. F12-35059-T

MOTION FOR AN EXTENSION OF TIME IN WHICH TO FILE PETITION FOR DISCRETIONARY REVIEWCOMES NOW Adrian Thomas Walker, Appellant, andrespectfully submits 

### this Motion for an Extension of Time in Which to File Petition for Discretionary 

### Review in the above entitled and numbered cause. In support ofthis Motion, Appellant would show this Honorable Court the following:
I. 

### Appellant was charged by indictment with the offense ofaggravated sexual assault of a child under the age of six. (CR: 9). The indictment was amended to aggravated sexual assault of a child under the age of 14. (CR: 64). Appellant pled 

### guilty to the primary charge in the amended indictment. (RR2: 12-13). Ajury trial was held regarding punishment, andthejury assessedpunishment at 20 years and a $ 10,000 

### fine. (RR4: 223). Judgment was entered by the trial court on January 30, 2014. (CR: 70). A notice ofappeal was timely filed. (CR: 73).
II. Appellant's conviction was affirmed in the Court ofAppeals on February 27, 2015 in an unpublished opinion. Walker v. State, No. 005-14-00148-CR, 2015 Tex. App. LEXIS 1945 (Tex. App.
- Dallas, February 27, 2015).
III. 

### The facts relied upon to show good cause for this requested extension are as follows: 1. Appellant was represented by court appointed counsel during appeal of this case to the Court ofAppeals.2. Appellant wishes to proceed pro se and additional time will be needed to 

### prepare and file the Petition pro se or to seek other legal assistance in filing the Petition. 

### WHEREFORE, PREMISES CONSIDERED, Appellantrespectfullyrequests thatthis Honorable Court extend the time for filing a Petition forDiscretionaryReview for thirty days. Respectfully submitted,

CERTIFICATE OF SERVICE 

### I certifythat atrue copy ofthe foregoing Motion for Extension ofTimeto File a Petition ForDiscretionary Review was served on Lori Ordiway, counsel for the State, 

### Dallas County DistrictAttorney's Office, 133 N. Riverfront Blvd., LB-19,10thFloor, 

## Dallas, Texas 75207, Cyw $x%\<>
. I further certify that a true copy ofthe foregoing Motion for Extension ofTime to File a Petition ForDiscretionary Review was served on LisaC. McMinn, the State's Prosecuting Attorney, P.O. Box -13046, Capitol Station, Austin, Texas 78711, on
Exhibit 23




                          INDEPENDENT AUDITOR'S CONSENT




    We consent to the incorporation by reference in Registration Statement No.
    333-79979 of National Bankshares, Inc. on Form S-8 of our report, dated
    January 23, 2003, relating to the consolidated balance sheets of National
    Bankshares, Inc and subsidiaries as of December 31, 2002 and 2001, and the
    related consolidated statements of income, changes in stockholders' equity
    and cash flows for the years ended December 31, 2002, 2001 and 2000
    appearing in this Annual Report on Form 10-K of National Bankshares, Inc.
    for the year ended December 31, 2002.


    /s/ Yount, Hyde & Barbour, P.C.

    Winchester, Virginia
    March 31, 2003
<PAGE>

                                                                    EXHIBIT 23.1


                         CONSENT OF INDEPENDENT AUDITORS

     We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-65550) pertaining to the 1999 Stock Incentive Plan and Options
Granted Pursuant to Agreements of Interep National Radio Sales, Inc., the
Registration Statement (Form S-3, No. 333-89828) pertaining to the registration
of 2,067,298 shares of Class A common stock, the Registration Statement (Form
S-3, No. 333-97159) pertaining to the registration of 1,718,580 shares of Class
A common stock and the Registration Statement (Form S-3, No. 333-101706)
pertaining to the registration of 225,000 shares of Class A common stock of our
report dated February 24, 2003, with respect to the consolidated financial
statements and schedule of Interep National Radio Sales, Inc. included in the
Annual Report (Form 10-K) for the year ended December 31, 2002.



/s/ Ernst & Young LLP

New York, New York
March 27, 2003
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

United States of America 

 v. 2:18-cr-58 (7) 

 Judge Marbley 

Nkosiyoxoxo Msuthu 

ORDER 

 There being no objections, the Court hereby adopts the Report 

and Recommendation of the Magistrate Judge (ECF No. 117) that the 

defendant’s guilty plea be accepted. The Court accepts the 

defendant’s plea of guilty to Count 1 of the Indictment, and he is 

hereby adjudged guilty on this count. The Court will defer the 

decision of whether to accept the plea agreement until the sentencing 

hearing. 

Date: April 8, 2019 s\Algenon L. Marbley 

 Algenon L. Marbley 

 United States District Judge
I 

111TH CONGRESS 

2D SESSION H. R. 4566 

To terminate authority under the Troubled Asset Relief Program, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2010 

Mr. PAULSEN (for himself, Mr. HERGER, Mr. TIAHRT, Mr. LANCE, Mr. 

JONES, Mr. GARRETT of New Jersey, Ms. JENKINS, Mr. PAUL, Mr. CASTLE, and Mr. LAMBORN) introduced the following bill; which was referred 

to the Committee on Financial Services, and in addition to the Committee 

on Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To terminate authority under the Troubled Asset Relief 

Program, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Erasing our National 

5 Debt Through Accountability and Responsibility Plan Act 

6 of 2010’’. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•HR 4566 IH

1 SEC. 2. REPEAL OF THE TROUBLED ASSET RELIEF PRO2 GRAM. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, the authorities provided under section 101(a) 

5 of the Emergency Economic Stabilization Act of 2008 (ex6 cluding section 101(a)(3)) and under section 102 of such 

7 Act shall terminate as of the date of enactment of this 

8 Act. 

9 (b) LOWERING OF NATIONAL DEBT LIMIT TO COR10 RESPOND TO TARP REPAYMENTS.—Section 3101 of title 

11 31, United States Code, is amended— 

12 (1) in subsection (b), by inserting after the dol13 lar limitation contained in such subsection the fol14 lowing: ‘‘, as such amount is reduced by the amount 

15 described under subsection (d)’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(d) The amount described under this subsection is 

19 the amount that equals the amount of all assistance re20 ceived under title I of the Emergency Economic Stabiliza21 tion Act of 2008 that is repaid on or after the date of 

22 enactment of this subsection, along with any dividends, 

23 profits, or other funds paid to the Government based on 

24 such assistance on or after the date of enactment of this 

25 subsection.’’. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
FILED 

RICHARD W. NAGEL 

UNITED ST ATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

CLERK OF COURT 

2018 HAR 2 I AH IQ: 45 

US DISTRICT COURT 

UNITED STATES OF AMERICA 

v. 

XU YANJUN (a/k/a QU HUI) 

CASE NO.: 1 I l 8'j{J41~~~U~1 

MAGISTRATE JUDGE BOWMAN 

MOTION AND ORDER 

TO SEAL COMPLAINT 

The United States respectfully requests that the Court seal the Complaint and any other 

pleadings and proceedings in the above-numbered case until further order of this Court. This 

motion to seal is for the purposes of apprehending the defendant, mitigating the risk of flight, and 

law enforcement safety and security. 

Respectfully submitted, 

BENJAMIN C. GLASSMAN 

United States Attorney 

s/Timothy S. Mangan 

TIMOTHY S. MANGAN (069287) 

Assistant United States Attorney 

221 East Fourth Street; Suite 400 

Cincinnati, Ohio 45202 

(513) 684-3711 ; Fax: (513) 684-6385 

IT IS ORDERED that the Complaint and any other pleadings and proceedings in the 

above-numbered case shall now be sealed. The U.S. government may share the sealed 

Complaint and Arrest Warrant with other law enforcement agencies (domestic and foreign) as 

needed to effect the arrest. 

~cJ--1 18 DATE 

United States Magistrate Judge 

Case: 1:18-mj-00190-SKB Doc #: 3 Filed: 03/21/18 Page: 1 of 1 PAGEID #: 19
EPA SANITIZED Page 1 of 5EPA SANITIZED Page 1 of 5
 

 

EPA SANITIZED Page 2 of 5EPA SANITIZED Page 2 of 5
 

EPA SANITIZED Page 3 of 5EPA SANITIZED Page 3 of 5
EPA SANITIZED Page 4 of 5

EPA SANITIZED Page 4 of 5
EPA SANITIZED Page 5 of 5

EPA SANITIZED Page 5 of 5
Serving Sutter and Yuba Counties
May IS, 2007
Catherine Witherspoon ChiefExecutive Officer California Air Resources Board P0Box2815 Sacramento, CA 95812


### RE: RACTSIP
Dear Ms. Witherspoon, 938 14th Street Marysville, CA 95901 (530) 634-7659 FAX (530) 634-7660 www.fraqmd.org David A. Valier, Jr. Air Pollution Control Officer

Feather River AQMD is submitting our RACT SIP including board resolution, staffreport, and copy ofpublic notice. There were no public comments submitted to the District. Please let me know 

### ifyou have any questions or require additional documentation. Sincerely,

# (2/#~A David A. Valier,Jr. Air Pollution Control Officer DAV/sla Enclosures: Four (

### 4) copies of : Board Resolution 2006r10; staffreport; public notice. Cc: File
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 1 of 15 PAGEID #: 49
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 2 of 15 PAGEID #: 50
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 3 of 15 PAGEID #: 51
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 4 of 15 PAGEID #: 52
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 5 of 15 PAGEID #: 53
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 6 of 15 PAGEID #: 54
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 7 of 15 PAGEID #: 55
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 8 of 15 PAGEID #: 56
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 9 of 15 PAGEID #: 57
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 10 of 15 PAGEID #: 58
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 11 of 15 PAGEID #: 59
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 12 of 15 PAGEID #: 60
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 13 of 15 PAGEID #: 61
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 14 of 15 PAGEID #: 62
Case: 2:17-cv-00186-GCS-EPD Doc #: 7 Filed: 06/07/17 Page: 15 of 15 PAGEID #: 63
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Jamariyo Drane,

Petitioner,

v. Case NO. 2:18-cv-126

Warden, Corrections Reception

Center, et al.,

Respondents.

ORDER

Petitioner filed the instant habeas corpus petition pursuant

to 42 U.S.C. §2241, alleging that he is wrongfully detained due to

the decision of the Ohio Adult Parole Authority finding that he

violated the terms of his post-control release and sentencing him

to serve 229 days. This matter is now before the court on the

March 2, 2018, report and recommendation of the magistrate judge. 

The magistrate judge concluded that regardless of whether

petitioner’s claims are addressed under §2241 or 42 U.S.C. §2254,

the petition should be dismissed without prejudice as unexhausted. 

The report and recommendation specifically advised the parties

that objections to the report and recommendation were due within

fourteen days, and that the failure to object to the report and

recommendation “will result in a waiver of the right to have the

district judge review the Report and Recommendation de novo,” and

also operates as a waiver of the right to appeal the decision of

the district court. Doc. 4, p. 8. The time period for filing

objections to the report and recommendation has expired, and no

objections to the report and recommendation have been filed.

The court agrees with the report and recommendation (Doc. 4)

and it is hereby adopted. This action is dismissed without
prejudice due to petitioner’s failure to exhaust state remedies.

Date: March 30, 2018 s/James L. Graham 

 James L. Graham

 United States District Judge 

2
**Exhibit 31.2****Rule 13a-14(a)/15d-14(a) Certification**I, Martin D. Kidder, certify that: 1. I have reviewed this Amendment No. 1 to Annual Report onForm 10-K/A for the year ended December 31, 2006 ofVerso Technologies, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact 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 theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report;  4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:(a) Designed suchdisclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed underour supervision, to ensure that material informationrelating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within thoseentities, particularly during the period in which thisreport is being prepared;(b) Evaluated theeffectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by thisreport based on such evaluation; and(c) Disclosed in thisreport any change in the registrant’s internal controlover financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control overfinancial reporting; and 5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):(a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and(b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.Date:April 30, 2007      /s/  Martin D. Kidder
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



In connection with the accompanying Quarterly
Report on Form 10-Q of Motivating the Masses, Inc. for the fiscal quarter ending June 30, 2015, I, Lisa Nichols, Chief Executive
Officer of Motivating the Masses and Alex Henderson, Chief Financial Officer of Motivating the Masses, Inc., hereby certify pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and
belief, that:



1.          Such
Quarterly Report on Form 10-Q for the fiscal quarter ending June 30, 2015, 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 such Quarterly Report on Form 10-Q for the fiscal quarter ending June 30, 2015, fairly presents, in all
material respects, the financial condition and results of operations of Motivating the Masses, Inc.



|August 19, 2015 | By:                                                                   | /s/ Lisa Nichols   | 
|--------------- | --------------------------------------------------------------------- | ------------------ | 
|                | Lisa Nichols, Chief Executive Officer (Principal Executive Officer)  
|                |                                                                       |                   
|August 19, 2015 | By:                                                                   | /s/ Alex Henderson | 
|                | Alex Henderson, Chief Financial Officer (Principal Financial Officer)
EXHIBIT 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350



In connection with the Annual Report of Interep National Radio Sales, Inc. (the Company) on Form 10-K for the year ended December 31, 2004, as filed with the Securities and Exchange Commission (the Report), I, Ralph
C. Guild, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, 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.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                                                  
|-------------------- |  | -------------------------------------------------
|Date: April 15, 2005 |  | /s/ Ralph C. Guild                               
|                     |  | Ralph C. Guild                                   
|                     |  | Chairman of the Board and Chief Executive Officer



---

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350



In connection with the Annual Report of Interep National Radio Sales, Inc. (the Company) on Form 10-K for the year ended December 31, 2004, as filed with the Securities and Exchange Commission (the
Report), I, William J. McEntee, Jr., Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, 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.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                                                  
|-------------------- |  | -------------------------------------------------
|Date: April 15, 2005 |  | /s/ William J. McEntee, Jr.                      
|                     |  | William J. McEntee, Jr.                          
|                     |  | Senior Vice President and Chief Financial Officer