alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America Plaintiff-Appellee v. Joshua R. FUERTES, also known as Rico Defendant-Appellant

No. 17-1647

United States Court of Appeals, Eighth Circuit.

Submitted: December 21, 2017

Filed: December 27, 2017

Jess E. Michaelsen, Assistant U.S. Attorney, U.S. Attorney’s Office, Kansas City, MO, for Plaintiff-Appellee

Joshua R. Fuertes, Pro Se

Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges.

PER CURIAM.

Joshua Fuertes directly appeals the within-Guidelines-range sentence the district court1 imposed after he pled guilty to drug and firearm offenses, pursuant to a plea agreement containing an appeal waiver. Counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), challenging Fuertes’s sentence, but conceding that the appeal waiver is applicable and enforceable.

*395Having considered Fuertes’s arguments, we conclude that the appeal waiver is enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver). The record establishes that Fuertes entered into the plea agreement and the appeal waiver knowingly and voluntarily, the arguments on appeal fall within the scope of the waiver, and no miscarriage of justice would result from enforcing the waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). In addition, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no non-frivolous issues for appeal outside the scope of the waiver. Accordingly, we grant counsel’s motion to withdraw. The appeal is dismissed.

1

. The Honorable Beth Phillips, United States District Judge for the Western District of Missouri.
#### Jamohn A. NEAL, Plaintiff-Appellant, v. FCI MCDOWELL; Doctor A. P. Goode; Officer Lambeth, Defendants-Appellees.

No. 17-7222

United States Court of Appeals, Fourth Circuit.

Submitted: January 18, 2018

Decided: January 23, 2018

Jamohn A. Neal, Appellant Pro Se. Christopher Crews, OFFICE OF THE UNITED STATES ATTORNEY,-Beaver, West Virginia; Matthew Charles Lindsay, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellees.

Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges.

Unpublished opinion's are not binding precedent in this circuit.

PER CURIAM:

Jamohn A. Neal appeals the district court’s order adopting the magistrate judge’s recommendation and denying relief on his civil action asserting claims under the Federal Tort Claims Act, and *Bivens*v. *Six Unknown Named Agents of Fed. Bureau of Narcotics,*403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). We have reviewed the record included on appeal and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Neal v. FCI McDowell,*No. 1:16-cv-11365, 2017 WL 3528671 (S.D.W. Va. Aug. 16, 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*
105TH CONGRESS

2D SESSION H. CON. RES. 317

CONCURRENT RESOLUTION

Expressing the sense of the Congress that Members

States Capitol Police.Jacob Chestnut and John Gibson of the Unitedsacrifice and devotion to character displayed byof Congress should follow the examples of self-
105TH CONGRESS

2D SESSION H. CON. RES. 317

CONCURRENT RESOLUTION

Whereas Jacob Chestnut and John Gibson of the United

States Capitol Police laid down their lives for their country and all of us;

Whereas beyond the devotion of Jacob Chestnut and John

Gibson to duty, honor, and country was their commitment to respect;
2

•HCON 317 EH

Whereas Jacob Chestnut and John Gibson were simple, humble, private men who deeply moved this nation simply by

doing their jobs;

Whereas the focus on their exemplary personal character

could not have come at a time of greater need as many

in our country seem more and more dedicated to self-indulgence; and

Whereas the Members of Congress have an unparalleled opportunity to be urgently needed role models of respect

and dignity with no loss of personal principles: Now,

therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Members of Congress should follow the

3 example of Jacob Chestnut and John Gibson by living lives

4 of love, respect, and integrity every day at all times, in5 cluding on the floor of the Senate and House of Represent6 atives, and should deserve the title ‘‘Honorable’’ by setting

7 an example so that Jacob Chestnut and John Gibson did

8 not die in vain.

Passed the House of Representatives September 28,

1998.

Attest:

Clerk.
<PAGE>

                                                                    Exhibit 99.3

                                Certification of
                             Chief Executive Officer
                        of Mission Resources Corporation

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. (S) 1350, and accompanies the annual report on Form 10-K/A
(the "Form 10-K/A") for the period ended December 31, 2002 of Mission Resources
Corporation (the "Issuer").

I, Robert L. Cavnar, the Chief Executive Officer of the Issuer, certify that:

     (i)  the Form 10-K/A fully complies with the requirements of section 13(a)
          or section 15(d) of the Securities Exchange Act of 1934 and

     (ii) the information contained in the Form 10-K/A fairly presents, in all
          material respects, the financial condition and results of operations
          of the Issuer.

Dated:  April 4, 2003

                                            /s/ Robert L. Cavnar
                                            ------------------------------------


Subscribed and sworn to before me
this 4th day of April 2003



/s/ Carmen M. Garcia
--------------------------------------


Notary Public in and for the
State of Texas

My commission expires:







A signed original of this written statement required by Section 906 has been
provided to Mission Resources Corporation and will be retained by Mission
Resources Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.
#### In Re: Robert Fuller MEURER (Arkansas Bar ID #85108)

99-427

990 S.W.2d 552

Supreme Court of Arkansas

Opinion delivered May 27, 1999

Per Curiam.

This is an original action brought by the Supreme Court Committee on Professional Conduct. The Committee petitions this court for an order requiring Robert Fuller Meurer to appear before this court and show cause why he should not be held in contempt for wilfully violating the Committee’s “Findings and Consent to Discipline Order” entered February 12, 1999. The Committee further asks this court to order Mr. Meurer to comply with the specific terms of that order.

The Committee’s petition and amended petition, which are attached to this order, reflect that in 1998, Tressia Russell filed a disciplinary complaint against Mr. Meurer, alleging unprofessional conduct on his part. The complaint and Mr. Meurer’s response were submitted to the Committee for ballot vote on September 1, 1998. The Committee’s decision was sent to Mr. Meurer on October 2, 1998. On November 3, 1998, Mr. Meurer made a timely request for a *de novo*hearing before the Committee. The results of the hearing are reflected in the February 12, 1999 order, which provided that, in return for making $18,000 restitution to Ms. Russell in monthly installments of $300, Mr. Meurer would receive a reprimand from the Committee. The terms of the order *609were read into the record at the hearing, and the Committee informed Mr. Meurer that if he failed to comply with the terms of the order, he would be subject to contempt proceedings of the Committee and this court. Copies of the Committee’s order were sent to Mr. Meurer, at the address listed with the Clerk of this court, on two occasions in February and March of 1999; the first order was not returned, but the second order was returned to the Committee marked “unclaimed.” As of the date the amended petition was filed, April 30, 1999, the Committee alleges that Mr. Meurer has failed to make any payments to Ms. Russell and has likewise failed to pay costs of $150 assessed to him in this matter.

Pursuant to the Committee’s petition, as amended, we order Mr. Meurer to appear before this court at 9:00 a.m. on June 24, 1999, for consideration of the relief requested in the Committee’s petition, including why he should not be held in contempt. This hearing specifically supersedes the notice of hearing previously issued by the Committee for May 27, 1999.

Petition granted.
No. 11-1290.

#### Baker *v.*Alabama.

Ct. Crim. App. Ala. Cer-tiorari denied.
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 quarterly  report on Form 10-QSB of Bay Resources  Ltd.
(the  "Company")  for the three months ended December 31, 2004 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "report"),  the
undersigned,  Joseph Gutnick, Chief Executive Officer of the Company,  certifies
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 result of operations of the Company.

May 11, 2005

                                            /s/ Joseph I. Gutnick
                                            ------------------------------------
                                            Joseph I. Gutnick
                                            Chairman of the Board, President and
                                            Chief Executive Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED CONDENSED BALANCE SHEETS AND STATEMENTS OF OPERATIONS FOUND IN THE
COMPANY'S FORM 10-Q FOR THE YEAR-TO-DATE, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-END>                               JUN-30-1998
<CASH>                                         805,076
<SECURITIES>                                         0
<RECEIVABLES>                                  730,562
<ALLOWANCES>                                     5,704
<INVENTORY>                                  3,648,727
<CURRENT-ASSETS>                             5,178,661
<PP&E>                                       1,774,617
<DEPRECIATION>                               1,465,344
<TOTAL-ASSETS>                               5,640,987
<CURRENT-LIABILITIES>                          840,000
<BONDS>                                        369,664
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       133,334
<OTHER-SE>                                  26,088,106
<TOTAL-LIABILITY-AND-EQUITY>                 5,640,987
<SALES>                                        622,703
<TOTAL-REVENUES>                               622,703
<CGS>                                          482,195
<TOTAL-COSTS>                                1,422,755
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              46,244
<INCOME-PRETAX>                              (840,856)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (840,856)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (840,856)
<EPS-PRIMARY>                                    (.07)
<EPS-DILUTED>                                    (.07)
        

</TABLE>
<PAGE>

                                                                    EXHIBIT 10.4

                                [EEX LETTERHEAD]

                                  July 17, 2002


BP Exploration & Production Inc.
Attention:  Mr. E. Peter Zseleczky
501 WestLake Park Boulevard
Houston, Texas 77079

                                        Re: AMENDATORY LETTER TO AREA OF MUTUAL
                                            INTEREST AGREEMENT
                                            Asset Purchase, Farmout & Joint
                                            Exploration Agreement dated March 1,
                                            2002
                                            Treasure Island Project
                                            OCS Gulf of Mexico

Gentlemen:

Reference is made to that certain Area of Mutual Interest Agreement ("AMI
Agreement") dated May 8, 2002, by and between EEX Corporation ("EEX") and BP
Exploration & Production Inc. ("BP").

Due to circumstances arising as a result of the anticipated merger of EEX and
Newfield Exploration Company, EEX respectfully requests that BP agree to amend
the AMI Agreement to provide for an extension of time in which EEX may provide
written notification to BP of its desire to revise the AMI Provisions to limit
the AMI depths, as set forth in the AMI Agreement.

Therefore, by its execution in the manner provided hereinbelow, BP agrees to
amend the AMI Agreement such that the date August 15, 2002 shall be deleted
wherever it appears in the AMI Agreement, and substituted therefor shall be the
date November 30, 2002.

Please note that two originals of this letter are enclosed for execution by BP.
One of the originals should be returned to EEX. The remaining original is to be
retained by you for your files.

EEX greatly appreciates the cooperation of BP in this matter. Should you require
any clarification or additional information, please contact the undersigned at
(713) 243-3247.

                                        Sincerely yours,

                                        EEX CORPORATION

<PAGE>

                                        /s/ Ben Davis
                                        ----------------------------
                                        Ben Davis
                                        Land Manager-Offshore


AGREED TO AND ACCEPTED THIS 25/th/ DAY OF July, 2002

BP EXPLORATION & PRODUCTION INC.

By:               /s/ Dale B. Morrison
    ----------------------------------------
Printed Name:     Dale B. Morrison
                  --------------------------
Title:            Attorney-in-Fact
        ------------------------------------
Order entered October 31, 2022

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-01049-CV

IN THE ESTATE OF ROBERT S. KAM, DECEASED

On Appeal from the Probate Court No. 3

Dallas County, Texas

Trial Court Cause No. PR-11-01368-3

ORDER

Before the Court is court reporter Charletta Breed’s October 27, 2022 

request for an extension of time to file the reporter’s record. We GRANT the 

request and ORDER the record be filed no later than November 8, 2022.

/s/ BILL PEDERSEN, III

JUSTICE
IV

105TH CONGRESS

2D SESSION H. CON. RES. 296

Expressing the sense of Congress that secondary schools should consider

starting school after 9:00 a.m.

IN THE HOUSE OF REPRESENTATIVES

JUNE 24, 1998

Ms. LOFGREN submitted the following concurrent resolution; which was

referred to the Committee on Education and the Workforce

CONCURRENT RESOLUTION

Expressing the sense of Congress that secondary schools

should consider starting school after 9:00 a.m.

Whereas scientific studies indicate that adolescents experience

hormonal changes that keep them awake at night;

Whereas most secondary schools begin classes at 7:30 or earlier in the morning;

Whereas most teen crime occurs between 3:00 and 6:00 in

the afternoon and an earlier start would result in a later

school day; and

Whereas many adolescents do not get enough sleep to realize

their full academic potential: Now, therefore, be it
2

•HCON 296 IH

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of Congress that second3 ary schools should begin classes after 9:00 in the morning.

Æ
#### UNITED STATES of America, Plaintiff-Appellee, v. Eugene M. FULKS, Defendant-Appellant.

No. 17-10316

United States Court of Appeals, Ninth Circuit.

Submitted February 13, 2018 *

Filed February 16, 2018

*448Larry Butrick, DOJ — Office of the US Attorney, Honolulu, HI, for Plaintiff-Ap-pellee

Eugene M. Fulks, Pro Se

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument.

*See*Fed. R. App. P. 34(a)(2),

MEMORANDUM **

Eugene M. Fulks appeals from the district court’s judgment and challenges the revocation of supervised release and six-month sentence imposed upon revocation. Pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Fulks’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Fulks the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Our independent review of the record pursuant to *Penson v. Ohio,*488 U.S. 76, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

**

**This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
<PAGE>   1

                                                                      EXHIBIT 11

                    NATIONAL INSURANCE GROUP AND SUBSIDIARIES

                     COMPUTATION OF WEIGHTED AVERAGE SHARES
                       OUTSTANDING AND EARNINGS PER SHARE
                 (in thousands of dollars except share amounts)
                                   (unaudited)

<TABLE>
<CAPTION>
                                      Basic
                                                         First Quarter
                                                  --------------------------
                                                     1998            1997
                                                  ----------      ----------
<S>                                                <C>             <C>      
Actual common shares
outstanding                                        4,032,882       3,896,937

Common shares issuable
  under outstanding stock
  options                                                 --              --

Weighted average common
  shares issued upon exercise
  of stock options                                     1,000              --

                                                  ----------      ----------
Total weighted average
 shares outstanding                                4,033,882       3,896,937
                                                  ==========      ==========

Net income                                        $      588      $      802
                                                  ==========      ==========

Net income per share                              $     0.15      $     0.21
                                                  ==========      ==========


                                     Diluted



Actual common shares
outstanding                                        4,032,882       3,896,937

Common shares issuable
  under outstanding stock
  options                                            146,001          73,379

Weighted average common
  shares issued upon exercise
  of stock options                                     1,000              --
                                                  ----------      ----------
Total weighted average
 shares outstanding                                4,179,883       3,970,316
                                                  ==========      ==========

Net income                                        $      588      $      802
                                                  ==========      ==========

Net income per share                              $     0.14      $     0.20
                                                  ==========      ==========
</TABLE>
DISMISS; Opinion Filed March 24, 2014. 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 13

- 00539

- CV

VIJAY KUMAR SHARMA , Appellant

V.

SCOTT LEE , Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas

Trial Court Cause No. CC

- 13

- 01394

- E



### MEMORANDUM OPINION

Before Justices Moseley, Francis, and Lang Opinion by Justice Moseley

Appellant’s brief in this case is overdue. By postcard dated July 8, 2013, we notified

appellant the time for filing his brief had expired. We directed appellant to file both his brief and

an extension motion within ten days. We cautioned appellant that failure to file his brief and an

extension motion would result in the dismiss al of this appeal without further notice. To date,

appellant has not filed his brief, an extension motion, or otherwise corresponded with the Court

regarding the status of this appeal.

Accordingly, we dismiss this appeal. See T EX

. R. A PP

. P. 38.8(a)(1) ; 42.3(b)(c).

/ Jim Moseley/

130539F.P05 JIM MOSELEY

JUSTICE– 2

– 

# S

Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

VIJAY KUMAR SHARMA, Appellant

No. 05

- 13

- 00539

- CV V.

SCOTT LEE, Appellee On Appeal from the County Court at Law No. 5, Dallas County, Texas

Trial Court Cause No. CC

- 13

- 01394

- E. Opinion delivered by Justice Moseley. Justices Francis and Lang participating.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED

. It is ORDERED that appellee SCOTT LEE recover his costs of this appeal from appellant VIJAY KUMAR SHARMA.

Judgment entered this 24th day of March, 2014.

/Jim Moseley/

JIM MOSELEY

JUSTICE
No. 11-9852.

#### Jamil *v.*McQuiggin, Warden.

C. A. 6th Cir. Certiorari denied.
Electronically FiledIntermediate Court of Appeals3015307-MAR-201108:17 AM
III

105TH CONGRESS

1ST SESSION H. CON. RES. 138

IN THE SENATE OF THE UNITED STATES

JULY 31, 1997

Received

CONCURRENT RESOLUTION

To correct technical errors in the enrollment of the bill

H.R. 2014.

1 Resolved by the House of Representatives (the Senate

2 concurring), That, in the enrollment of the bill (H.R.

3 2014), to provide for reconciliation pursuant to sub4 sections (b)(2) and (d) of section 105 of the concurrent

5 resolution on the budget for fiscal year 1998, the Clerk
2

HCON 138 RDS

1 of the House of Representatives shall make the following

2 corrections:

3 (1) In the amendment proposed to be added by

4 section 1085(c), strike ‘‘section 407(d)’’ and insert

5 ‘‘paragraph (4) or (7) of section 407(d)’’.

6 (2) Strike subparagraph (B) of section

7 1031(e)(2) and insert the following:

8 ‘‘(B) TREATMENT OF AMOUNTS PAID FOR

9 TICKETS PURCHASED BEFORE OCTOBER 1,

10 1997.—The amendments made by subsection

11 (c) shall not apply to amounts paid before Octo12 ber 1, 1997; except that—

13 ‘‘(i) the amendment made to section

14 4261(c) of the Internal Revenue Code of

15 1986 shall apply to amounts paid more

16 than 7 days after the date of the enact17 ment of this Act for transportation begin18 ning on or after October 1, 1997, and

19 ‘‘(ii) the amendment made to section

20 4263(c) of such Code shall apply to the ex21 tent related to taxes imposed under the

22 amendment made to such section 4261(c)

23 on the amounts described in clause (i).’’.

Passed the House of Representatives July 31, 1997.

Attest: ROBIN H. CARLE,

Clerk.