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should not be published and is not precedent except under the limited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. 07-50303

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

CESAR ROMEO VILLARREAL-MARTINEZ

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:05-CR-406-ALL

Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Cesar Romeo VillarrealMartinez raises arguments that are foreclosed by Almendarez-Torres v. United

States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a

penalty provision and not a separate criminal offense. United States v.

Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug.

United States Court of Appeals

Fifth Circuit

F I L E D

December 5, 2007

Charles R. Fulbruge III

Clerk
No. 07-50303

2

28, 2007) (No. 07-6202). The Government’s motion for summary affirmance is

GRANTED, and the judgment of the district court is AFFIRMED.
EX-10.1



 Exhibit 10.1 
 Guarantee Contract entered by and between Ruixing Group and Agriculture Development Bank of China, Dongping Branch, dated February 3, 2012, for a RMB 20 million loan 

Main Contents 
  

	 ̈	Contract No.: 37092300-2012- Nian Dong Ping (Bao) Zi No. 0012 

  

	 ̈	As guarantor, Ruixing Group undertakes to assume joint and several liabilities for Shandong Xiangrui Pharmacy Co., Ltd’s indebtedness owed towards Agriculture
Development Bank of China, Dongping Branch under an Acceptance Agreement with No.: 20123709230001. 

  

	 ̈	Secured Items: the loan principal, interest, penalty interest, damages, compensation and all the expenses incurred for Agriculture Development Bank of China, Dongping
Branch to realize its loaner’s right under the Acceptance Contract; 

  

	 ̈	Term of the loan: 6 months, from February 3, 2012 to August 3, 2012 


 

	 ̈	Guarantee period: 

  

	 ̈	Two years from the expiry date that Shandong Xiangrui Pharmacy Co., Ltd. should fulfill its obligations in accordance with the Acceptance Contract;


  

	 ̈	If term of the Acceptance Contract is extended, guarantee period shall be two years from the expiry date for Shandong Xiangrui Pharmacy Co., Ltd. to fulfill its
obligations according to the extended agreement; 

  

	 ̈	If due to the provisions of relevant PRC law or regulations or any agreement reached under the Acceptance Contract, any loan becomes mature ahead of its term, guarantee
period shall be two years starting from the advance mature date. 

  

	 ̈	Liabilities of Breach of Contract: Guarantor shall compensate Warrantee any loss suffered from Shandong Xiangrui Pharmacy Co., Ltd.’s breach of contract.


 Headlines of the articles omitted 
  

	 ̈	Commitment of guarantor 

  

	 ̈	Assumption of guarantor’s responsibility 

  

	 ̈	Dispute settlement 

  

	 ̈	Miscellaneous 

  

	 ̈	Effectiveness 

  

	 ̈	Validity
Exhibit 99.1

                            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 accompanying Quarterly Report of AUG CORP. (the
"Company") on Form 10-QSB for the period ending March 31, 2002, as filed with
the Securities and Exchange commission on the date hereof (the "Report"), I,
Laurence S. Isaacson, principal executive 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, to the best of my knowledge, 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 fully presents, in all
material respects, the financial condition and results of operations of the
Company.


By:/s/Laurence S. Isaacson
   -----------------------
   Laurence S. Isaacson

December 4, 2002
##### 



Exhibit 31.1
Certification Pursuant to 18 U.S.C. Section 1350 as Adopted
Pursuant to Section 302 of the Sarbanes-Oxley Act of 2003 I, Monty G. Watson, Chief Executive Officer, certify that:  1.
    
    I have reviewed this annual report on Form 10-KSB of The PB Financial
Services Corporation;2.
    
    Based on my knowledge, this quarterly 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 quarterly report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all
material respects the financial condition, results of operations and cash
flows of the registrant as of, and for, the periods presented in this
quarterly report;4.
    
    The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we
have:  a)
    
    designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under my
supervision, to ensure that material information relating to the
registrant, including its consolidated subsidiaries, is made known
to us by others within those entities, particularly during the
period in which this quarterly report is being prepared;b)
    
    evaluated the effectiveness of the registrants disclosure
controls and procedures and presented in this report our conclusions
about the effectiveness of the disclosure controls and procedures as
of the end of the period covered by this report based on such
evaluations, andc)
    
    disclosed is this report any change in the registrants
internal control over financial reporting that has occurred during
the most recent quarter that has materially affected, or is likely
to materially affect, the registrants internal controls over
financial reporting.  5.
    
    The registrants other certifying officer and I have disclosed, based on
our most recent evaluation of internal controls over financial reporting,
to the registrants auditors and the audit committee of registrants board
of directors (or persons performing the equivalent functions):  a)
    
    all significant deficiencies and material weaknesses in the
design or operation of internal controls over financial reporting
which are reasonably likely to adversely affect the registrants
ability to record, process, summarize and report financial
information; andb)
    
    any fraud, whether or not material, that involves management
or other employees who have a significant role in the registrants
internal controls over financial reporting. March 30, 2004
    /s/ Monty G. WatsonMonty G. WatsonChief Executive Officer
I 

118TH CONGRESS 

1ST SESSION H. R. 673 

To amend Public Law 106–504 to allow certain land in Guam to be 

transferred to previous recorded owners of that land, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 31, 2023 

Mr. MOYLAN introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend Public Law 106–504 to allow certain land in 

Guam to be transferred to previous recorded owners of 

that land, 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 ‘‘Guam Excess Land 

5 Return Act’’. 

6 SEC. 2. TRANSFER OF LAND TO PREVIOUS OWNERS. 

7 Section 1(c)(5) of Public Law 106–504 is amended 

8 by striking ‘‘, except that such definition shall not include 

9 the transfer of land to an individual or entity for private 

10 use other than on a nondiscriminatory basis’’ and insertVerDate Sep 11 2014 23:45 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H673.IH H673

pbinns on DSKBC07HB2PROD with BILLS
2 

•HR 673 IH

1 ing ‘‘Such definition shall include the transfer of land to 

2 the person (or the heirs of the person) that owned the 

3 land when it was transferred to the Federal Government, 

4 if such prior ownership can be verified in the official 

5 records of the Government of Guam. Not more than 180 

6 days after the date of the enactment of the Guam Excess 

7 Land Return Act, the Government of Guam shall establish 

8 a process to transfer such land to such persons (or the 

9 heirs of such persons).’’. 

Æ 


pbinns on DSKBC07HB2PROD with BILLS
#### Ronald Satish EMRIT, Plaintiff-Appellant, v. Congressman Joe HECK, Defendant-Appellee.

No. 17-1364

United States Court of Appeals, Fourth Circuit.

Submitted: June 20, 2017

Decided: June 30, 2017

Ronald Satish Emrit, Appellant Pro Se.

Before MOTZ, THACKER, and HARRIS, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ronald Satish Emrit appeals the district court’s order dismissing his civil complaint for improper venue. On appeal, we limit our review to the issues raised in Emrit’s informal brief. *Jackson v. Lightsey,*775 F.3d 170, 177 (4th Cir. 2014). We have reviewed the record in light of these arguments and find no reversible error. Accordingly, we affirm substantially for the reasons stated by the district court. *Emrit v. Heck,*No. 8:17-cv-00074-PWG (D. Md. Jan. 26, 2017). 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.

*AFFIRMED*
* 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. 97-50890

Summary Calendar

 

RAYMUNDO DE LA ROSA,

Petitioner-Appellant,

versus

GARY L. JOHNSON,

DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION,

Respondent-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. P-96-CV-47

- - - - - - - - - -

September 4, 1998

Before KING, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Raymundo De La Rosa, Texas prisoner # 695424, appeals the

district court’s dismissal of his 28 U.S.C. § 2254 petition. De

La Rosa argues that trial counsel was ineffective for failing to

adequately investigate the facts relating to his case and to

correct the trial judge’s misstatement of the charge during his

guilty plea hearing.

 We have reviewed the record, the briefs of the parties, and 
No. 97-50890

-2-

we find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. See De La Rosa v. Johnson,

No. P-96-CV-47 (W.D. Tex. Sept. 24, 1997).

AFFIRMED.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T S I XU AN P AN , P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 09- 73772 A ge nc yN o. A 099- 064- 616 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

a n O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d Jul y17, 2012 ** B efo re: S C H R O E D E R , T H O M A S , an dS IL V E R M A N , C i rcu i tJu d g es. S i xuan P an, ana t i ve a nd c i t i z e n of C hi na , pe t i t i ons pr o s e f orr e vi e w of

the B oard of Im m i grat i on A pp ea l s’ (“ B IA ”) order di sm i ss i ng hi s app ea l fr om an i m m i gr a t i on j udge ’ s de c i s i on de ny i ng hi s appl i c a t i on f ora s y l um , w i thhol di ng of r e m ova l , and r e l i e f

unde rthe C onve nt i on A ga i ns tT ortur e ( “ C A T ” ) . W e ha ve 

# FI LED JU L 23 2012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS09- 73772 2 j u r i s d i c t i o n u n d e r8 U. S . C . § 1 2 5 2 . We g r an tth e p e t i t i o n f o rr e v i e w, a n dwe r e m a nd. T he B I A di d notha ve the be ne f i tof ourde c i s i on i n H

u v. H older , 652 F . 3d 1011 ( 9th C i r . 2011) , a tthe t i m e i tr e vi e w e d P an’ s appe a l . A c c or di ngl y , w e gr ant P an’ s pet i t i on for r evi ew and rem and for the B IA t o con si der i n the fi rs ti nst ance the i m pact , i f any, of Hu on P an’ s c l a i m s f ora s y l um , w i thhol di ng of r e m ova l , and C A T r e lie f

. See IN S v. V en tu ra , 5 3 7 U .S . 1 2 , 1 6 - 1 8 ( 2 0 0 2 ) ( p e rc u r ia m ) . P E T I T I ON F OR RE V I E W GR AN T E D; RE MAND E D.
<PAGE>




EXHIBIT 32.1

                           NATIONAL AUTO CREDIT, INC.
                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                           PURSUANT TO 18 U.S.C. 1350
                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

I, James J. McNamara, Chief Executive Officer of National Auto Credit, Inc., a
Delaware corporation (the "Registrant"), in connection with the Registrant's
Quarterly Report on Form 10-Q for the period ended July 31, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), do
hereby represent, warrant and certify pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

        (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
Registrant.


/s/ James J. McNamara
-------------------------------
Name:  James J. McNamara
Title: Chief Executive Officer
Date:  September 18, 2003



















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
required by Section 906, has been provided to National Auto Credit, Inc. and
will be retained by National Auto Credit, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.



                                       38
<TABLE> <S> <C>


<ARTICLE>                                   5
<LEGEND>
         THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
         3/28/99  CONDENSED  CONSOLIDATED  BALANCE  SHEET AND THE  STATEMENT  OF
         OPERATIONS  FOR THE THREE  MONTHS  THEN ENDED AND IS  QUALIFIED  IN ITS
         ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.

</LEGEND>

<MULTIPLIER>                        1,000

<S>                                 <C>
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<FISCAL-YEAR-END>                   DEC-31-2000
<PERIOD-START>                      JAN-01-2000
<PERIOD-END>                        APR-2-2000
<CASH>                                   27,863
<SECURITIES>                                  0
<RECEIVABLES>                            18,246
<ALLOWANCES>                                847
<INVENTORY>                              10,850
<CURRENT-ASSETS>                         62,856
<PP&E>                                   20,063
<DEPRECIATION>                            9,829
<TOTAL-ASSETS>                           81,561
<CURRENT-LIABILITIES>                    21,409
<BONDS>                                       0
<COMMON>                                    304
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<PREFERRED>                                   0
<OTHER-SE>                               59,735
<TOTAL-LIABILITY-AND-EQUITY>             81,561
<SALES>                                  17,378
<TOTAL-REVENUES>                         17,378
<CGS>                                     6,101
<TOTAL-COSTS>                             6,101
<OTHER-EXPENSES>                         17,838
<LOSS-PROVISION>                              0
<INTEREST-EXPENSE>                            1
<INCOME-PRETAX>                          (6,247)
<INCOME-TAX>                                  8
<INCOME-CONTINUING>                      (6,255)
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                             (6,255)
<EPS-BASIC>                               (0.21)
<EPS-DILUTED>                             (0.21)



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<ARTICLE>                               5
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         THE SCHEDULE CONTAINS SUMMARY FINANCIAL  INFORMATION EXTRACTED FROM THE
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FINANCIAL STATEMENTS.
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</TABLE>
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 23 - 0131

_________________ ALLEN MUNRO and LINDA MUNRO,

Plaintiffs and Appellees, v. JOHN MUNRO ,

Defendant and Appellant. O R D E R

_________________ Appellant John Munro was granted an extension of time to file and serve the opening brief on or before April 2 3, 2023 . The opening brief is now overdue. IT IS THEREFORE ORDERED that Appellant shall prepare, file , and serve the opening brief on appeal no later than May 26 , 2 023 . Failure to file the brief within that time will result in dismissal of this appeal with prejudice and without further notice. The Clerk is directed to provide copies of this Order to all counsel of record.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

April 26 2023

04/26/2023
Case Number: DA 23-0131
#### Charles Stone, Resp’t, *v.*The City of Troy, App’lt.

*(Supreme Court, General Term, Third Department,*

*Filed May 21, 1891.)*

Negligence—Improper condition op a gutter in a street.

A gutter in a city street was when originally constructed eight feet wide on top, eighteen inches deep, and its sides gradually sloped .from the top to the centre line of the bottom. At a time when the plaintiff was injured by driving into it, it had, through the breaking away of rock, become upon one side perpendicular, with a direct fall of eight inches, and its depth generally had increased to two feet. This state of affairs had existed eight months. *Held,*that a recovery against the city was proper.

Appeal from a judgment, entered upon a verdict of the jury upon the trial at the Rensselaer circuit.

*William J.*Roche, for app'lt; *John P.*Kelly, for resp’t.

Landon, J.

We reversed a judgment in favor of the plaintiff upon the former appeal, because we thought the evidence was conclusive that the street gutter was in good condition. 21 N. Y. State Rep., 639. Upon the second trial, which now comes before us, the evidence on the part of the plaintiff tended to show that the gutter was in fact defective, and had long been so. The gutter was on the south side of Middleburgh street, in the city of Troy, and across Eighth street, at its intersection with Middleburgh. It was a “ basket” gutter, carved in the natural rock, and was for the passage of surface water.

It was originally properly constructed, eight feet wide on top, eighteen inches deep, and gradually sloping down from the top on each side to the center line at the bottom. The testimony *45tended to show that the rock had so broken on the south side as to form a perpendicular wall eight inches high, and that the plaintiff while sitting in his wagon, driving his team of horses down hill around the corner from Middleburgh into Eighth street, the intersection being on a hill side, was thrown from bis wagon and injured, because the wheel on the down hill side sank in the depression next to the solid wall, while the wheel on the opposite side mounted the elevation.

The disputed questions of fact were for the jury, and we see no errors of law requiring a reversal.

Judgment affirmed, with costs.

Learned, P. J., and Mayham, J., concur.
<PAGE>
                                                                    EXHIBIT 32.2

   CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I, Barry Rowan, Vice President, Chief Financial
Officer, certify that:

1. To my knowledge, this report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934; and

2. To my knowledge, the information in this report fairly presents, in all
material respects, the financial condition and results of operations of Nextel
Partners, Inc. as of December 31, 2004.


Date: March 16, 2005                    /s/BARRY ROWAN
                                        --------------
                                        Barry Rowan
                                        Vice President, Chief Financial Officer