alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Douglas J. HOWERY, Appellant, v. STATE of Missouri, Respondent.

No. ED 106052

Missouri Court of Appeals, Eastern District, DIVISION ONE.

Filed: December 26, 2018

Daniel N. McPherson, P.O. Box 899, St. Louis, MO. 65102, for appellant.

Ellen H. Flottman, 1000 West Nifong, Building 7, Suite 100, Columbia, Mo. 65203, for respondent.

Before Roy L. Richter, P.J., Robert M. Clayton III, J., Angela T. Quigless, J.

***ORDER***

PER CURIAM.

Douglas J. Howery appeals from the judgment of the motion court denying his Missouri Supreme Court Rule 29.15 (2013) motion for post-conviction relief following an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal and find the claim of error to be without merit. An extended opinion would have no precedential value. We have, however, provided a memorandum opinion only for the use of the parties setting forth the reasons for our decision. We affirm the judgment pursuant to Missouri Supreme Court Rule 84.16(b) (2018).
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

KENNETH SCOTT GORDON, AKA Sticks,

Defendant

- Appellant. No. 21

- 10168

D.C. No. 1:11

- cr

- 00479

- JMS

- 1

MEMORANDUM *

Appeal from the United States District Court

for the District of Hawaii J. Michael Seabright, District Judge, Presiding

Submitted July 12, 2022 * *

Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges.

Kenneth Scott Gordon appeals from the district court’s order denying his

motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). We have

jurisdiction under 28 U.S.C. § 1291 . Reviewing for abuse of discretion, see United

States v. Ke ller , 2 F.4th 1278, 1281 (9th Cir. 2021)

, we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUL 20 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 21

- 10168

Gordon contends that the district court erred because it considered his

medical conditions individually

, rather than in the aggregate, when it determined

he had not demonstrated the required extraordinary and compelling reasons for

relief

. This argument is not supported by the record , which shows that the court

considered each of Gordon’s claimed medical conditions and agreed that several of

them increase d his risk from COVID

- 19

. The court did not abuse its discretion in

concluding that, notwithstanding Gordon’s risk factors and age

, his recovery from

a prior COVID

- 19 infection and subsequent vaccination counseled against granting

compassionate release. See United States v. Robertson , 895 F.3d 1206, 1213 (9th

Cir. 2018) (district court abuses its discretion only if its decision is illogical,

implausible, or without support in the r ecord). Having properly concluded that

Gordon had failed to demonstrate extraordinary and compelling reasons , t he court

was not required to determine whether compassionate release was consistent with

the applicable 18 U.S.C. § 3553(a) factors. See Keller , 2 F.4th at 1284. Nor has

Gordon shown that the Bureau of Prisons’ decision to transfer him temporarily to

home confinement mean s th at th e district court abused its discretion by declining

to grant permanent compassionate release.

AFFIRMED.
Samuel J. RIGGS, Appellant, v. STATE of Missouri, Respondent.

WD 81521

Missouri Court of Appeals, Western District.

ORDER FILED: JUNE 18, 2019

S. Kate Webber, Kansas City, MO, Counsel for Appellant.

Richard A. Starnes, Jefferson City, MO, Counsel for Respondent.

Before Division Three: Mark D. Pfeiffer, Presiding Judge, Lisa White Hardwick, Judge, Anthony Rex Gabbert, Judge

**ORDER**

Per Curiam:

Samuel J. Riggs appeals the circuit court's denial of his Rule 24.035 motion for post-conviction relief. We affirm. Rule 84.16(b).
EXHIBIT
32.1





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report of Madison Management, Inc. (the "Company") on
Form 10-K for the period ended December 31, 2008, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Pamela R. Elliott,
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/
      Pamela R. ElliottPamela
      R. ElliottChief
      Executive OfficerMay
      5, 2009
[No. 51912-3-I.

Division One.

June 1, 2004.]

#### The State of Washington, *Respondent,*v. Andrian Daniel Sherman, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 01-1-04251-0, Cheryl B. Carey, J., entered February 24, 2003. *Affirmed*by unpublished opinion per Cox, C.J., concurred in by Agid and Appelwick, JJ.
Melvin L. HUFFMAN, Appellant, v. STATE of Missouri, Respondent.

No. ED 105507

Missouri Court of Appeals, Eastern District, DIVISION TWO.

FILED: July 24, 2018

FOR APPELLANT: Matthew William Huckeby, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101.

For Respondent: JOSHUA D. HAWLEY, Shaun J. Mackelprang, P.O. Box 899, Jefferson City, MO 65102.

Before Lisa P. Page, P.J., Roy L. Richter, J., and Philip M. Hess, J.

*ORDER*

PER CURIAM

Melvin Huffman ("Movant") appeals from the motion court's judgment denying his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. Movant was convicted, following a jury trial, of one count of first-degree statutory sodomy in violation of Section 566.062 (RSMo. Cum. Supp. 2008). Movant was sentenced as a prior offender, pursuant to Section 558.016 (RSMo. Cum. Supp. 2008), to 20 years' imprisonment in the Missouri Department of Corrections. This Court affirmed Movant's conviction and sentence in *State v. Huffman*, 445 S.W.3d 76 (Mo. App. E.D. 2014).

We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum for their information only, setting forth the facts and reasons for this order.

The judgment is affirmed pursuant to Rule 84.16(b).
[No. 51835-6-I.

Division One.

June 1, 2004.]

#### Sharon Blincoe, et al., *Appellants,*v. Mark H. Morse, et al., *Respondents.*

Appeal from a judgment of the Superior Court for King County, No. 02-2-13591-9, Jay V. White, J., entered January 10, 2003. *Affirmed*by unpublished per curiam opinion.
```

[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Page 12903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6539]

[[Page 12903]]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,487]

Boralex Sherman, LLC, Stacyville, ME; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on March 4, 2009, in response to a worker 
petition filed by a company official on behalf of workers at Boralex 
Sherman, LLC, Stacyville, Maine.
    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC this 13th day of March 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-6539 Filed 3-24-09; 8:45 am]
BILLING CODE 4510-FN-P
```
CERTIFICATIONS



I, Paul W. Kuhn, certify that:



1.

I have reviewed this annual report on Form 20-F of Avrupa Minerals Ltd.;



2.

Based on my knowledge, this 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 report;



3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this report;



4.

The Companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the Company and have:



a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



b)

Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principals;



c)

Evaluated the effectiveness of the Company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 evaluation; and



d)

Disclosed in this report any change in the Companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the Companys internal control over financial reporting; and



5.

The Companys other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Companys auditors and the audit committee of the Companys board of directors (or persons performing the equivalent functions):



a)

all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Companys ability to record, process, summarize and report financial information; and



b)

any fraud, whether or not material, that involves management or other employees who have a significant role in the Companys internal control over financial reporting.







Date:  May 7, 2015







/s/     Paul W. Kuhn

Paul W. Kuhn

President and CEO
Motion Granted in Part; Order filed February 21 , 2013

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 12

- 00614

- CR

____________ HERBERT GOLDSMITH , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 176th District Court

Harris County, Texas Trial Court Cause No. 1277685



### ORDER

On January 28, 2013, appellant filed a motion seeking an order directing the trial court to unseal the record so that appellant could have access to the record. Appellant asks this court to order the trial court to unseal Reporter’s Record,
Volume 8 filed in this appeal. Appellant seeks access to the record to determine whether it is necessary to the appeal. The motion is granted in part.The record will remain sealed

. A ll parties are granted a ccess to the sealed

Volume 8 of the Reporter’s Record so that they may review the sealed contents to prepare their briefs. Attorneys or their representatives for the parties in this appeal

may not check out the sealed record , bu t may review the record in the court’s media viewing room

. In the event the parties refer to information from this sealed record in their briefs, they are directed to use the procedure found in Local Rule 5, that is, to file
a redacted brief with a sealed reference list specifying an appropriate identifier that corresponds uniquely to each item listed.

PER CURIAM
STATE of Missouri, Respondent, v. Anthony Wayne WALKER, Appellant.

WD 80483

Missouri Court of Appeals, Western District.

ORDER FILED: July 31, 2018 Application for Transfer to Supreme Court Denied August 28, 2018 Application for Transfer Denied December 4, 2018

Damien De Loyola, Kansas City, MO, Counsel for Appellant

Richard Starnes, Jefferson City, MO, Counsel for Respondent

Before Division One: Thomas H. Newton, P.J., Alok Ahuja, and Gary D. Witt, JJ.

**ORDER**

Per Curiam:

Mr. Anthony Wayne Walker appeals his convictions by a Jackson County jury of three counts of first-degree murder, three associated counts of armed criminal action, and one count of first-degree burglary. The trial court sentenced him to three consecutive life sentences without parole, consecutive to three consecutive thirty-year sentences and a consecutive fifteen-year sentence in the Department of Corrections. We affirm. Rule 30.25(b).
EXHIBIT 32.1








HIGHLIGHT NETWORKS, INC.


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 Highlight Networks, Inc.  (the Company) on Form 10-K  for the period  ended June 30 , 2010 as filed with the Securities and Exchange  Commission on the date hereof (the Report), I, Anthony Lombardo, Chief  Executive  Officer of the Company, certify,  pursuant to 18 U.S.C.  ss.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.





A signed original of this written statement required by Section 906 has been provided to Anthony Lombardo and will be retained by Highlight Networks, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.








Dated: October 18, 2010





By:
/s/ Anthony LombardoName:
Anthony LombardoTitle:
President, CEO, CFO

(Principal Executive Officer)
Exhibit 32.2

SECTION 1350 CERTIFICATION (CFO)



EFT HOLDINGS, INC.



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 EFT Holdings, Inc.,
the “Company,” on Form 10-K/A for the year ended March 31, 2011, as filed with the Securities and Exchange Commission
on the date hereof, the “Report,” I, William E. Sluss, principal financial and accounting 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|Date:  June 20, 2012 | By:                                        | /s/ William E. Sluss
|-------------------- | ------------------------------------------ | --------------------
|                     | William E. Sluss                          
|                     | Principal Financial and Accounting Officer
Brett DAFFRON, Appellant, v. Jane DAFFRON, Respondent.

WD 81990

Missouri Court of Appeals, Western District.

ORDER FILED: April 30, 2019

Michael L. Taylor and Jennifer Ray, St. Joseph, MO, Attorneys for Appellants.

Katie McClaflin, Overland Park, KS, Attorney for Respondent.

Before Division Two: Thomas N. Chapman, Presiding Judge, and Mark D. Pfeiffer and Cynthia L. Martin, Judges

**Order**

Per Curiam:

*597Mr. Brett Daffron appeals from the Judgment of the Circuit Court of Andrew County, Missouri, Domestic Division, in favor of Ms. Jane Daffron and denying Mr. Daffron's post-dissolution motion to modify the parenting plan between himself and Ms. Daffron. Because a published opinion would have no precedential value, a memorandum of law has been provided to the parties. The judgment is affirmed. Rule 84.16(b).
Earnest Lee LANGSTON, Appellant, v. MISSOURI BOARD OF PROBATION AND PAROLE, Respondent.

WD 82037

Missouri Court of Appeals, Western District.

ORDER FILED: April 16, 2019

Earnest Langston, Bonne Terre, MO, Appellant Acting Pro Se.

Patrick Logan, Jefferson City, MO, Counsel for Respondent.

Before Division Four: Karen King Mitchell, Chief Judge Presiding, Mark D. Pfeiffer, and Thomas N. Chapman, Judges

**ORDER**

Per Curiam:

Earnest Langston (Langston) appeals from the order of the Circuit Court of Cole County (Circuit Court) dismissing his Petition for Review of an Administrative Agency Decision, brought under § 536.150, the Administrative Procedures Act (APA). We affirm. Rule 84.16(b).
Exhibit 23.2

SEALE AND BEERS, CPAs
PCAOB & CPAB REGISTERED AUDITORS
--------------------------------
www.sealebeers.com


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
--------------------------------------------------------


We consent to the use, in the statement on Form 10-K of MMAX Media, Inc.
(formerly Nevada Processing Solutions, Inc.), of our report dated
November 6, 2009 on our audit of the financial statements of Nevada
Processing Solutions Inc. as of September 30, 2009, and the related
statements of operations, stockholders' equity and cash flows for the year
then ended, and the reference to us under the caption "Experts."


/s/ Seale and Beers, CPAs
-------------------------
    Seale and Beers, CPAs
    Las Vegas, Nevada
    January 28, 2011


          Seale and Beers, CPAs PCAOB & CPAB Registered Auditors
              50 S. Jones Blvd Suite 202 Las Vegas, NV 89107
                 Phone: (888)727-8251 Fax: (888)782-2351


<PAGE>
----

Publication of a vacancy for

DIRECTOR

(Grade A*14)

(Article 29(2) of the Staff Regulations)

COM/2005/1802

(2005/C 138 A/04)

The Commission is seeking to appoint a Director for Antitrust in the Directorate-General Competition.

Applicants must be a citizen of one of the 10 new Member States of the European Union (Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia).

The senior official will be selected and appointed by the Commission according to its selection and recruitment procedures. Salaries and conditions of employment are those laid down in the Staff Regulations for A*14 grade officials of the European Communities. The Commission applies an equal opportunities policy.

If you want to apply, you must register via the Internet by going to the website http://europa.eu.int/comm/dgs/personnel_administration/seniormanagementvacancies/index_en.html - http://europa.eu.int/comm/dgs/personnel_administration/working_senior_mgt_en.htm and following the instructions concerning the various stages of the procedure. Please note that you must have an e-mail address; this will be used to identify your registration. The closing date for registration is 7 July 2005. Online registration will not be possible after 12.00 noon Brussels time.

----
EX-35.4
(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.


Banc of America Funding Corporation
214 North Tryon Street
Charlotte, NC 28255


RE: Annual Statement as to Compliance


The undersigned, a duly authorized officer of Wells Fargo Bank, N.A. ("Wells
Fargo"), hereby certifies as follows for the calendar year 2008:

(a) a review of Wells Fargo's activities as Trustee under the servicing
agreement(s) listed on Schedule A hereto (the "Servicing Agreement(s)") has been
made under my supervision; and

(b) to the best of my knowledge, based on such review Wells Fargo has fulfilled
all of its obligations under the Servicing Agreement(s) in all material respects
throughout the reporting period.

February 24, 2009

/s/ Diane Courtney

DIANE COURTNEY
Vice President


(page)


(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.

To: Banc of America Funding Corporation

Schedule A

List of Servicing Agreement(s) and Series

1 Trust Agreement for Banc of America Funding 2008-R3 Trust Mortgage
  Certificate-Backed Certificates, Series 2008-R3, Wells Fargo Bank, N.A. as
  Trustee.
Exhibit
32.1




Certification




Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002




(18
U.S.C. Section 1350)




Pursuant
to 18 U.S.C. Section 1350, the undersigned officer of Radiant Logistics, Inc.
(the "Company") hereby certifies that the Company's Quarterly Report on Form
10-Q 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 and that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.




DATE: May
17, 2010






BY:   
/s/ Bohn H.
Crain





Chief
Executive Officer and


Chief
Financial Officer




This
certification is made solely for purposes of 18 U.S.C. Section 1350, subject to
the knowledge standard set forth therein, and not for any other purpose. It is
not being filed as part of the Report or as a separate disclosure
document.




A
signed original of this written statement required by Section 906 has been
provided to Radiant Logistics, Inc and will be retained by Radiant Logistics,
Inc and furnished to the Securities and Exchange Commission or its staff upon
request.
Exhibit 4(o)


 


PROTECTIVE LIFE AND ANNUITY INSURANCE COMPANY
 •  {P. O. BOX 10648  •  BIRMINGHAM, 
ALABAMA  35202-0648}


 


CONTRACT VALUE ANNUAL BONUS ENDORSEMENT


 


We are amending the Contract to
which this endorsement is attached by adding the following statement and provisions:


 


Bonus - This
Contract provides a Bonus shown on the Schedule page. The Bonus will be
credited by us in a nondiscriminatory manner and consistent with New York law.


 


Annual
Bonus - Beginning
on the { Mth } Contract Anniversary and continuing up to
the Annuity Commencement Date while the Contract remains in force, we will
calculate an Annual Bonus and add that amount to the Contract Value. The Annual
Bonus is calculated as of the end of the Valuation Period that includes the
Contract Anniversary.


 


Calculating
the Annual Bonus - We calculate the Annual Bonus by
multiplying the Contract Value as of the Contract Anniversary for which the
bonus is being calculated by the Annual Bonus rate for that Contract
Anniversary as shown on your Schedule.


 


Applying
the Annual Bonus - We will add the Annual Bonus as of
the Valuation Period immediately following the Valuation Period during which it
was calculated. We will apply the bonus to the Contract according to the
Purchase Payment allocation instructions in effect on that date, but the Annual
Bonus will not be considered a Purchase Payment for any purpose.


 


Signed for the Company and made
a part of the Contract as of the Effective Date.


 


PROTECTIVE LIFE AND ANNUITY INSURANCE
COMPANY


 


	
  

  	
   

  
	
  { Secretary }