alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Frank Edwin PATE, Defendant-Appellant

No. 17-40510

United States Court of Appeals, Fifth Circuit.

Filed December 5, 2017

Christopher Andrew Eason, Esq., U.S. Attorney’s Office, Eastern District of Texas, Plano, TX, for Plaintiff-Appellee

Frank Edwin Pate, Pro Se

Before HIGGINBOTHAM, JONES, and COSTA, Circuit Judges.

PER CURIAM: *

Frank Edwin Pate, proceeding pro se, has filed the following motions in this court: (1) a motion for stay of judgments, in which he also requests immediate release; (2) a motion to dismiss for lack of appellate jurisdiction; (3) a motion to dismiss due to lack of finality and remand the case to the district court; (4) a motion for stare decisis application of law; (5) a motion for judicial notice; (6) a motion to correct a clerical error and for leave to file a motion to vacate judgments, along with (7) the motion to vacate judgments.

IT IS ORDERED that Pate’s motion to correct a clerical error and for leave to file his motion to vacate judgments is GRANTED and his remaining motions, including the motion to vacate judgments, are DENIED. Pate has appealed from the denial of an unauthorized motion. *See United States v. Early,*27 F.3d 140, 141-42 (5th Cir. 1994). The appeal is without arguable merit and is therefore frivolous. *See Howard v. King,*707 F.2d 215, 219-20 (5th Cir. 1983). Accordingly, we DISMISS the appeal AS FRIVOLOUS. *See*5th Cir. R. 42.2.

Pate is CAUTIONED' that future frivolous, repetitive, or otherwise abusive filings will result in the ’ imposition of sanctions, including dismissal, monetary sanctions, and restrictions on his ability to file pleadings in this court or any court subject to this court’s jurisdiction.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. 14

- 41105 Conference Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. JOSE URENA

- NAVARRO , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14

- CR

- 786

- 1

Before JOLLY, GRAVES, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Jose Urena

- Navarro raises an argument that is foreclosed by United States v. Martinez

- Lugo , 782 F.3d 198, 204

- 05 (5th Cir. 2015) , petition for cert. filed (June 19, 2015) (No. 14

- 10355) . In Martinez

- Lugo , 782 F.3 d at 204

- 05, we held that an enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior conviction of a drug trafficking

* 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 August 1 8 , 2015

Lyle W. Cayce Clerk Case: 14-41105 Document: 00513158613 Page: 1 Date Filed: 08/18/2015No. 14

- 41105

2 offense is warranted regardless whether the conviction for the prior offense required proof of remuneration or commercial activity. Ur ena - Navarro also raises an argument that is foreclosed by United States v. Rodriguez

- Escareno , 700 F.3d 751, 753

- 54 (5th Cir. 2012), which held that the sentence enhancement provided for in § 2L1.2(b)(1)(A)(i) applies to a conviction for the federal crime of conspiracy to commit a federal drug trafficking offense Accordingly, the m otion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. Case: 14-41105 Document: 00513158613 Page: 2 Date Filed: 08/18/2015
##### 



Exhibit 99.1

Certification

Pursuant to 18 U.S.C. § 1350, the undersigned officer of PowerCerv
Corporation, a Florida corporation (the Company), hereby certifies that the
Companys Quarterly Report on Form 10-QSB for the quarter ended June 30, 2002
(the Report) fully complies with the requirements of Section 13(a) or 15(d),
as applicable, of the Securities Exchange Act of 1934 and that the information
contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.

|                       |  |                                                                    
|---------------------- |  | -------------------------------------------------------------------
|Dated: October 2, 2002 |  | /s/ Marc J. Fratello                                               
|                       |  |                                                                    
|                       |  | Name: Marc J. Fratello
Title: President and Chief Executive Officer
[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Presidential Documents]
[Page 15027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05774]




                        Presidential Documents 



Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / 
Presidential Documents

[[Page 15027]]


                Memorandum of March 12, 2022

                
Delegation of Authority Under Section 506(a)(1) 
                of the Foreign Assistance Act of 1961

                Memorandum for the Secretary of State

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 621 of the Foreign 
                Assistance Act of 1961 (FAA), I hereby delegate to the 
                Secretary of State the authority under section 
                506(a)(1) of the FAA to direct the drawdown of up to an 
                aggregate value of $200 million in defense articles and 
                services of the Department of Defense, and military 
                education and training, to provide assistance to 
                Ukraine and to make the determinations required under 
                such section to direct such a drawdown.

                You are authorized and directed to publish this 
                memorandum in the Federal Register.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                The White House,

                    Washington, March 12, 2022

[FR Doc. 2022-05774
Filed 3-16-22; 8:45 am]
Billing code 4710-10-P
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 7**  **118**

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.
RICHARD ALLEN SMITH, JR. , a/k/a Smitty

Defendant

- Appellant

.

Appeal from the United States District Court for the Northern District of West Virginia , at Elkins

. Frederick P. Stamp, Jr. , Senior District Judge. ( 2:00

- cr
- 00007

- FPS

- JES

- 1 )

Submitted : November 18 , 2014 Decided: November 21, 2014

Before NIEMEYER , MOTZ, and GREGORY , Circuit Judges.

D ismissed by un published per curiam opinion

.

Richard Allen Smith, Jr., Appellant Pro Se. Stephen Donald Warner, A ssistant United States Attorney , Elkins, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Richard Allen Smith, Jr., seeks to appeal his 2002 criminal judgment

. 1 The version of Federal Rule of Appellate
Procedure 4(b)(1)(A) in effect at the time of Smith’s conviction
required a defendant to file a notice of appeal within ten days after the entry of judgment. With or without a motion, upon a
showing of excusable neglect or good cause, the district court
may grant an extension of up to thirty days to file a notice of
appeal. Fed. R. App. P. 4(b)(4 ); United States v. Reyes , 759
F.2d 351, 353 (4th Cir. 1985).
The district court entered judgment on March 20, 2002.
Smith filed the present notice of appeal on July 23, 2014 , 2 more than twelve years beyond the expiration of the then

- applicable

ten

- day appeal period and subsequent thirty

- day excusable

n eglect period. Because Smith failed to file a timely notice of
appeal or obtain an extension of the appeal period, we dismiss

1 This court previously affirmed Smith’s convictions and sentence. United States v. Smith , 51 F. App’x 415 (4th Cir. 2002) (No. 02

- 4260) (unpublished).

2 For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earli est date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack , 487 U.S. 266 (1988).3 the appeal. 3 We dispense with oral argument because the facts
and legal conte ntions are adequately presented in the materials
before this court and argument would not aid the decisional

process.

DISMISSED

3 Although the timely filing of a notice of appeal in a criminal case is not a jurisdictional requir ement, United States v. Urutyan , 564 F.3d 679, 685 (4th Cir. 2009), Smith’s appeal is inordinately late. Accordingly, we exercise our inherent power to dismiss it. United States v. Mitchell , 518 F.3d 740, 750 (10th Cir. 2008).
<TABLE> <S> <C>


<ARTICLE>       5

<LEGEND>        This schedule contains summary financial information
                extracted from the Condensed Statement of Operations, the
                Condensed Balance Sheet and the accompanying Notes To The
                Condensed Financial Statements included in the Company's
                Form 10-Q for the period ending September 30, 1999 and is
                qualified in its entirety by reference to such.

</LEGEND>

<MULTIPLIER>                                      1,000

<S>                                         <C>
<FISCAL-YEAR-END>                           DEC-31-1999
<PERIOD-START>                              JAN-01-1999
<PERIOD-END>                                SEP-30-1999
<PERIOD-TYPE>                                     9-MOS
<CASH>                                           13,412
<SECURITIES>                                      5,608
<RECEIVABLES>                                    16,792
<ALLOWANCES>                                        195
<INVENTORY>                                      13,100
<CURRENT-ASSETS>                                 50,590
<PP&E>                                           13,936
<DEPRECIATION>                                    6,233
<TOTAL-ASSETS>                                   59,803
<CURRENT-LIABILITIES>                             9,941
<BONDS>                                               0
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<COMMON>                                             12
<OTHER-SE>                                       48,517
<TOTAL-LIABILITY-AND-EQUITY>                     59,803
<SALES>                                          37,480
<TOTAL-REVENUES>                                 37,480
<CGS>                                            21,641
<TOTAL-COSTS>                                    14,675
<OTHER-EXPENSES>                                      0
<LOSS-PROVISION>                                      0
<INTEREST-EXPENSE>                                  176
<INCOME-PRETAX>                                   1,486
<INCOME-TAX>                                        223
<INCOME-CONTINUING>                               1,263
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                      1,263
<EPS-BASIC>                                      0.10
<EPS-DILUTED>                                      0.10



</TABLE>
Exhibit 31.1

                                  CERTIFICATION

        I, Jeffrey R. Noordhoek, certify that:

        1. I have reviewed this report on Form 10-K, and all reports on Form
10-D required to be filed in respect of the period covered by this report on
Form 10-K, of Nelnet Student Loan Trust 2006-3 (the "Exchange Act periodic
reports");

        2. Based on my knowledge, the Exchange Act periodic reports, taken as a
whole, do 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 report;

        3. Based on my knowledge, all of the distribution, servicing and other
information required to be provided under Form 10-D for the period covered by
this report has been included in the Exchange Act periodic reports;

        4. Based on my knowledge and the servicer compliance statements required
in this report under Item 1123 of Regulation AB, and except as disclosed in the
Exchange Act periodic reports, the servicers have fulfilled their obligations
under the servicing agreements in all material respects; and

        5. All of the reports on assessment of compliance with servicing
criteria for asset-backed securities and their related attestation reports on
assessment of compliance with servicing criteria for asset-backed securities
required to be included in this report in accordance with Item 1122 of
Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an
exhibit to this report, except as otherwise disclosed in this report. Any
material instances of noncompliance described in such reports have been
disclosed in this report on Form 10-K.



Date:  April 2, 2007         /s/ JEFFREY R. NOORDHOEK
                             -------------------------------------------
                             Jeffrey R. Noordhoek
                             Vice President
                             Nelnet Student Loan Funding Management Corporation,
                             Manager and Special Member of the Depositor
PLACER COUNTY

AIR POLLUTION CONTROL DISTRICT

NOTICE OF PUBLIC HEARING

PROPOSED AMENDED RULE 247, NATURAL GAS-FIRED WATER 

HEATERS, SMALL BOILERS, AND PROCESS HEATERS

Placer County Air Pollution Control District proposes to adopt amended Rule 247 which 

limits the sale and installation of new natural gas-fired water heaters, small boilers and 

process heaters in the range of 75,000 Btu/hr to 5 million Btu/hr to emissions of no more 

than 20 ppmv of NOx. This emission limit is effective on January 1, 2015. The 

amendment is to alter the marking requirements on the units.

On Thursday, February 13, 2014, at their regular meeting beginning at 2:30 PM, the 

Placer County Air Pollution Control District Board of Directors will hold a public hearing 

to receive comments and consider the adoption of the amended rule. The hearing is to 

be held at the Placer County Board of Supervisors Chambers, 175 Fulweiler Avenue, 

Auburn, California.

All interested parties are advised of the opportunity to comment on the proposed rules.

The proposed rules and their support documents can be viewed at the District’s website 

at www.placer.ca.gov/apcd. Written comments should be addressed to Mr. John Finnell

at the District office, located at 110 Maple Street, Auburn, CA 95603. The District phone 

number is (530) 745-2330.
Lockheed Martin Missiles and Fire Control

5600 Sand Lake Road Orlando, Florida 32819

- 8907



### Exemption Letter for § 91.9: Civil Aircraft Manual, Markings, and Placard Requirements

06/ 23/2015

R ene wal Ref: Exemption No. 10326 A Regulatory Document # FAA

- 2011

- 0741

U.S. Department of Transportation Docket Operations, M

- 30 West Building ground floor,

Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Lockheed Martin Missiles and Fire Control (LMMFC ) operate various Unmanned Aircraft Systems (UAS) in the United States for missions related to research and development, crew

train ing and market surveys. This new technology developed for the Department of Defense,

and commercial agencies will contribute to overall public safety. These operations support military and homeland defense, border protection, law enforce ment and local disaster relief.

LMMFC operations shall meet or exceed equivalent levels of safety by use of proven engineering processes and superb quality control.

LM MFC requests an exemption from 14 CFR part 91 .9 requirement s to carry the aircraft flig ht manual onboard the unmanned aircraft (UA). Carrying the aircraft flight manual in this small UA is not practical since there is no pilot onboard the aircraft. An equivalent level of safety will be maintained by keeping the UA manuals in or near the Grou nd Control Station where it will be available to the pilot at all times throughout testing.

Please contact me if you require additional information:

6/24/2015



# X Jacob Senior

Jacob Senior

Orlando Aviation Consultants (OAC)
Signed by: Jacob Senior (affiliate)
Exhibit 32.2
**Certification of Chief Financial Officer**
     Pursuant to 18 U.S.C. § 1350, as created by Section 906 of theSarbanes-Oxley Act of 2002, the undersigned officer of Party City Corporation(the “Company”) hereby certifies, to such officer’s knowledge, that:
(i)  the Quarterly Report on Form 10-Q of the Company for the quarterly periodended December 27, 2003 (the “Report”) fully complies with the requirements ofSection 13(a) or Section 15(d), as applicable, of the Securities Exchange Actof 1934, as amended; and
(ii)  the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.    /s/ LINDA M. SILUK    Linda M. Siluk  *Chief Financial Officer* 
     The foregoing certification is being furnished solely to accompany theReport pursuant to 18 U.S.C. § 1350, and is not being filed for purposes ofSection 18 of the Securities Exchange Act of 1934, as amended, and 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.
Dated: February 10, 2004
30
----

**EXHIBIT      32.1**

**CERTIFICATION      OF CHIEF EXECUTIVE OFFICER 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**

|                                   | By:                /s/ BARRY G. CALDWELL                                               |   |
|----------------------------------------|----------------------------------------------------------------------------------------|--------|
|                                   |                                                                                   |   |
|                                   | Name:                 Barry G. Caldwell                                           |   |
|                                   | Title:                 President and Chief Executive Officer                      |   |
|                                   | (Principal                Executive Officer)                                           |   |
|                                   |                                                                                   |   |
| Date:                November 15, 2005 |                                                                                   |   |
|                                   |                                                                                   |   |
|                                   | By:                /s/ LARRY TANNENBAUM                                                |   |
|                                   |                                                                                   |   |
|                                   | Name:                 Larry Tannenbaum                                            |   |
|                                   | Title:                 Chief Financial Officer and Vice President, Administration |   |
|                                   | (Principal                Financial and Accounting Officer)                            |   |

----
NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

20 2 3 IL App ( 3d ) 200054

- U

O rder filed September 29, 2023

____________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

2023

THE PEOPLE OF THE STATE OF ) ILLINOIS, ) )
Plaintiff

- Appellee, ) )

v. ) )
JERMAINE LAWSON

, ) )
Defendant -Appellant. ) Appeal from the Circuit Court
of the 10th Judicial Circuit,
Peoria County , Illinois

,

Appeal No. 3-20-0054
Circuit No. 19- CF -209

Honorable
Katherine S. Gorman

, Judge, Presiding.

____________________________________________________________________________

JUSTICE ALBRECHT delivered the jud gment of the court.
Justice s Brennan concurred in the judgment. 1

Justice McDade dissented.

____________________________________________________________________________

O RDER

¶ 1 Held : (1) Defendant was proven guilty beyond a reasonable doubt of being an armed
habitual criminal. (2) The State did not violate defendant’s due process rights.

¶ 2 Defendant, Jermaine Lawson, appeals his conviction for being an armed habitual criminal

,

arguing (1) the evidence was insufficient to prove him guilty beyond a reasonable doubt

, and

1 Justice s Albrecht and Brennan were administratively reassigned to this case on September 12, 2023 , due to the retirement of previously assigned panel members

.
Exhibit 32.1


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 Annual Report of Triangle Capital Corporation (the “Company”) on Form 10-K for the period ended December 31, 2017 , as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, E. Ashton Poole, Chief 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, 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 results of operations of the Company.





/s/ E. ASHTON POOLEE. Ashton PooleChief Executive OfficerFebruary 28, 2018