alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 20

- 40231 Conference Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Dmarcus Jamil Jiles,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:18

- CR

- 41

- 1

Before **Jones, Clement,** and **Haynes,** Circuit Judges

**. Per Curiam**  **:** *

The Federal Public Defender appointed to represent Dmarcus Jamil Jiles has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Jiles has filed a response. The record is not sufficiently

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  **47.5.4**

. United States Court of Appeals Fifth Circuit 

### FILED October 2, 2020

Lyle W. Cayce Clerk Case: 20-40231 Document: 00515587968 Page: 1 Date Filed: 10/02/2020No. 20

- 40231

2 developed to allow us to make a fair evaluation of Jiles ’s claim of ineffective assistance of counsel; we the refore decline to consider the claim without prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counse l’s brief and the relevant portions of the record reflected therein, as well as Jiles ’s response. We concur with
counsel’s assessment tha t the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is
**GRANTED** , counsel is excused from further responsibilities herein, and
the appeal is **DISMISSED**

. See **5th Cir. R. 42.2** 

. Case: 20-40231 Document: 00515587968 Page: 2 Date Filed: 10/02/2020
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 Catalyst Group Holdings Corp. (the Company) on Form 10-K for the year ended August 31, 2009, as filed with the Securities and Exchange Commission (the Report), I, Kenneth Green, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to SS. 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.  December 11, 2009
        /s/ Kenneth Green
 Kenneth Green, Chief Executive Officer  A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement has been provided to the company and will be retained by the company and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND IN
THE COMPANY'S FORM 10-K FOR THE YEAR 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          45,788
<SECURITIES>                                    52,633
<RECEIVABLES>                                        0
<ALLOWANCES>                                     7,040
<INVENTORY>                                          0
<CURRENT-ASSETS>                               404,036
<PP&E>                                          13,363
<DEPRECIATION>                                   9,314
<TOTAL-ASSETS>                                 499,466
<CURRENT-LIABILITIES>                          457,734
<BONDS>                                         12,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      5,750
<COMMON>                                        19,281
<OTHER-SE>                                       4,701<F1>
<TOTAL-LIABILITY-AND-EQUITY>                   499,466
<SALES>                                              0
<TOTAL-REVENUES>                                28,521
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                29,439
<LOSS-PROVISION>                                 6,262
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (7,180)
<INCOME-TAX>                                   (2,910)
<INCOME-CONTINUING>                            (4,270)
<DISCONTINUED>                                   2,784
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,486)
<EPS-BASIC>                                     (1.57)
<EPS-DILUTED>                                   (1.57)
<FN>
<F1>INCLUDES UNREALIZED LOSS ON SECURITIES AFS OF (331).
</FN>


</TABLE>
Jerome SWAN, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-903

District Court of Appeal of Florida, Second District.

Opinion filed August 2, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 32(a)

ENERGY FUTURE COMPETITIVE HOLDINGS COMPANY

Certificate Pursuant to Section 906

of Sarbanes  Oxley Act of 2002

CERTIFICATION OF CEO

The undersigned, John F. Young, President and Chief Executive of Energy Future Competitive Holdings Company (the Company), DOES HEREBY CERTIFY that:



| | 1. | The Companys Annual Report on Form 10-K for the period ended December 31, 2009 (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. | Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed this 18th day of February, 2010.



/s/ JOHN F. YOUNGName:

John F. YoungTitle:

President and Chief Executive


A signed original of
this written statement required by Section 906 has been provided to Energy Future Competitive Holdings Company and will be retained by Energy Future Competitive Holdings Company and furnished to the Securities and Exchange Commission or its
staff upon request.
#### The People of the State of New York, Respondent, v Anthony Wright, Appellant.

[718 NYS2d 828]

—Judgment, Supreme Court, Bronx County (Patricia Williams, J.), rendered March 3, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third and seventh degrees, and sentencing him, as a second felony offender, to three concurrent terms of 5 to 10 years and a concurrent term of 1 year, unanimously affirmed.

Defendant was not deprived of his right to confront and cross-examine witnesses against him when the court refused to compel the undercover officer to disclose the specific place on his body where he had secreted a radio transmitter at the time he purchased narcotics from defendant *(People v [Jorge] Santi*
      *287
      *ago,*232 AD2d 665, *lv denied*89 NY2d 929). Defendant had ample opportunity to cross-examine the arresting officer on what he did or did not hear of the radio transmission, and the record does not establish that knowledge of the precise location of the transmitter was necessary to resolve this issue *(see, People v Elfe,*276 AD2d 381; *see also, Roviaro v United States,*353 US 53). It should be noted that the court gave a strong negative inference charge based on the failure to reveal the location of the transmitter on the person of the undercover officer. Concur — Rosenberger, J. P., Andrias, Wallach, Lerner and Buckley, JJ.
<PAGE>
                                                                    Exhibit 31.2


                                  CERTIFICATION

I, James E. Hogue, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Wiltex A, Inc.

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 the 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 the 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 to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, if any, 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 as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"), and

         c. Presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on our evaluation
as of the Evaluation Date;

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the Audit Committee of
the registrant's Board of Directors (or persons performing the equivalent
functions):

         a. All significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

         b. Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls; and

6. The registrant's other certifying officer and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.

                                    By:  /s/ JAMES E. HOGUE
                                    -----------------------
                                    James E. Hogue
                                    (Principal Financial and Accounting Officer)

Date:  August 13, 2003
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 502 Engrossed in House (EH)]

<DOC>
H. Res. 502

                In the House of Representatives, U. S.,

                                                         June 13, 2023.
    Resolved, That the following named Member be, and is hereby, elected to the 
following standing committee of the House of Representatives:
     Committee on the Judiciary: Ms. Balint.
            Attest:

                                                                          Clerk.
```
|   | 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 China Dredging Group Co., Ltd. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: December 15, 2011   | By:    | /s/ Alfred Ho                 |   |
|-------------------------------------|--------|-------------------------------|--------|
|                                |   | Alfred Ho                     |   |
|                                |   | Chief Financial Officer       |   |
|                                |   | (Principal Financial Officer) |   |

----
STATE of Missouri, Respondent, v. Jacqueline Dela CRUZ, Appellant.

WD 49176

Missouri Court of Appeals, Western District.

ORDER FILED: September 18, 2018

Kent Gipson, Kansas City, MO, Counsel for Appellant.

Taylor Rickard, Kansas City, MO, Co-Counsel for Appellant.

Karen Kramer, Jefferson City, MO, Counsel for Respondent.

Before Division One: Thomas H. Newton, P.J., Gary D. Witt, and Anthony Rex Gabbert, JJ.

**ORDER**

Per Curiam:

Ms. Jacqueline Dela Cruz appeals her conviction following a bench trial in Jackson County Circuit Court of eleven counts relating to the abuse and death of her nephew's daughter. The court sentenced her to concurrent terms of imprisonment on each count including two life terms. We affirm in accordance with Rule 30.25(b).
EXHIBIT 35.1
 VW Credit, Inc. Servicer Compliance Statement Under Item 1123 of Regulation AB
 
   1.
    
    A review of the activities of the Servicer during the period from January 1, 2009
through December 31, 2009, and of its performance under the Sale and Servicing Agreement
was conducted under my supervision.2.
    
    To the best of my knowledge, based on such review, the Servicer has fulfilled all
of its obligations under the Sale and Servicing Agreement in all material respects
throughout such period, except that, with respect to the Applicable Servicing Criterion in
Paragraphs (d)(2)(i) of Item 1122. On February 28, 2009 a process control deficiency was
identified when two payments transferred to the collection account on the third business
day versus the two business day requirement, however, sufficient funds were being
transferred on a daily basis resulting in no impact to the Noteholders. A monthly
reconciliation process is in place to identify these types of deposits and the above
mentioned deficiency was detected during the Companys monthly reconciliation process.3.
    
    IN WITNESS WHEREOF, the undersigned has duly executed this Certificate on behalf of the
Servicer this twenty-sixth day of March, 2010.
 /s/ Andrew StuartAndrew StuartExecutive Vice President & CFO
Summary of Compensation Arrangements




 Exhibit 10.16 
 SUMMARY OF COMPENSATION ARRANGEMENTS 
 WITH NAMED
EXECUTIVE OFFICERS AND DIRECTORS 
 (EFFECTIVE MARCH 1, 2010) 
 Named Executive Officers 
 The following summarizes the current cash compensation and benefits for the Company’s Chief Executive Officer, its Chief Financial Officer and its next three most highly compensated executive officers for the fiscal year ended
December 31, 2009 (the “Named Executive Officers”). The following is intended to be a summary of existing oral, at will arrangements, and in no way is intended to provide any additional rights to any of the Named Executive Officers.

 None of the Company’s executive officers has a written employment agreement with the Company. The executive officers of
the Company serve at the discretion of the Board of Directors. The Compensation Committee of the Board (the “Committee”) reviews and recommends to the Board the compensation that is paid to the Company’s executive officers, including
the salaries of the Named Executive Officers. The salaries of the Named Executive Officers, as of March 1, 2010, are as follows: 
  

					
	 Name and Position
	  	Salary	 
	 J. Boyd Douglas
	  	$	550,000	  
	 President, CEO and Director
	  			
		
	 Darrell G. West
	  	$	330,000	  
	 Vice President – Finance and CFO
	  			
		
	 Michael S. Jones
	  	$	400,000	  
	 Executive Vice President and COO
	  			
		
	 Victor S. Schneider
	  	$	250,000	(1) 
	 Senior Vice President – Corporate and Business Development
	  			
		
	 Troy D. Rosser
	  	$	200,000	(1) 
	 Vice President – Sales 
	  			

  

	(1)	In addition to this base salary, Mr. Schneider and Mr. Rosser are eligible to receive sales commissions. Such commissions are included each year as part of these
individuals’ salaries for purposes of determining their status as a Named Executive Officer. 

 The Named
Executive Officers are eligible to receive discretionary bonuses. The Named Executive Officers are also eligible to participate in the Company’s the 2002 Stock Option Plan and the 2005 Restricted Stock Plan, as well as the Company’s
regular benefit plans and programs. All executive benefit plans and forms of agreements are filed as exhibits to the Company’s Exchange Act filings. Information regarding these plans and agreements, as well as compensation earned by the Named
Executive Officers during fiscal 2009, will be included in the Company’s 2010 Proxy Statement. 
 Directors 
 Current director compensation arrangements provide that non-employee directors, other than members of the Audit Committee, will receive an
annual retainer of $10,000. Each director who is a member of the Audit Committee receives an annual retainer of $15,000. Each non-employee director also receives an attendance fee of $2,000 for each regular quarterly meeting of the Board of
Directors. Directors are also reimbursed for their expenses incurred in attending any meeting of directors.
[No. 50980-2-I.

Division One.

June 7, 2004.]

#### The State of Washington, *Respondent,*v. Stefan Adam Lord, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 02-1-02152-9, Steven C. Gonzalez, J., entered August 26, 2002. *Affirmed*by unpublished opinion per Kennedy, J., concurred in by Coleman and Agid, JJ.
#### John Petsas and Theony Petsas, his Wife, *Appellants,*v. Edward O’Grady, *Appellee.*

Division B.

Opinion Filed January 24, 1928.

*Fee & Liddon,*Attorneys for Appellants;

*Nottingham & Anderson,*Attorneys for Appellee.

Buford, J.

In this case the appellee sought to foreclose a mortgage given to secure an original indebtedness of $2,000.00. It was alleged in the bill of complaint that $500.00 had been paid on the original indebtedness and that there was at the time of the institution of suit due and owing on said note the sum of $1,500.00 as principal, with interest from date to the date of the filing of the bill. The decree, however, required the defendants to pay the full sum of $2,000.00 as principal, together with interest and attorney’s fees.

It is admitted on brief in behalf of the appellee that the decree should have been for $1,500.00 principal and that the entry of the decree for the sum of $2,000.00 was erroneous.

We hold that the decree should have been for the sum of $1,500.00, with interest, costs and attorney’s fees,'instead of having been in the sum of $2,000.00, with interest, *73costs and attorney’s fees. Tbe decree is therefore reversed and remanded with directions that a decree be entered conforming to this opinion. The costs of this appeal must be taxed against the appellee.

Reversed.

Whitfield, P. J., and Terrell, J., concur.

Ellis, C. J., and Brown, J., concur in the opinion and judgment.
Certification pursuant to the Sarbanes-Oxley Act of 2002

I, Dominique Einhorn, President & CEO of Karma Media, Inc., certify that:

1.

This quarterly report fully complies with the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934 and that the information contained in this quarterly report fairly presents, in all material respects, the financial condition and results of operations of the registrant;

2.

I have reviewed this quarterly report on Form 10-QSB of Karma Media, Inc.;

3.

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;

4.

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;

5.

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 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 as of a date within 90 days prior to the filing date of this quarterly report ("Evaluation Date"); and

c)

presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;

1.

The registrant's other certifying officer and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of the registrant's board of directors [or persons performing the equivalent function]:

a)

all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and

b)

any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and

1.

The registrant's other certifying officer and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.

Date:

May 15, 2004

By:

/s/ Dominique Einhorn

Dominique Einhorn, President & CEO