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

No. ED 104745

Missouri Court of Appeals, Eastern District, DIVISION TWO.

FILED: February 13, 2018 Motion for Rehearing and/or Transfer to Supreme Court Denied March 22, 2018 Application for Transfer Denied May 22, 2018

FOR APPELLANT: Timothy Forneris, 1010 Market Street, Suite 1100, St. Louis, MO 63101.

For Respondent: JOSHUA D. HAWLEY, Evan J. Buchheim, 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

Josh Webber ("Appellant") appeals from the trial court's judgment following a jury trial convicting him of two counts of the class B felony of burglary in the first degree, in violation of Section 569.160 (RSMo 2000 ), one count of the class B felony of assault in the first degree, in violation of Section 565.050, three counts of the class C felony of assault in the second degree, in violation of 565.050, and six counts of the unclassified felony of armed criminal action, in violation of 571.015. Appellant was sentenced to five years for each burglary count, five years for first degree assault, one day for each count of second-degree assault, and three years for each armed criminal action count, all to run concurrently, except for one of the burglary counts and its associated count of armed criminal action, which were to run consecutively to each other and to the other counts, for a total of thirteen years' imprisonment.

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 30.25(b).
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 of Golf Two, Inc. a Delaware corporation
(the "Company") on Form 10-QSB for the period ending June 30, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
David Bennett, Chief Executive Officer of the Company, certifies to the best of
his knowledge, 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.

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


/s/ David Bennett
--------------------------
David Bennett
Chief Executive Officer
August 15, 2005
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 2 0694 Conference Calendar

UNITED STATES OF AMERICA,
Plaintiff

- Appellee

v. JUAN RIVERA

- ALCAZAR, also known as Juan Alonso Rivera, also known as Juan Alcazar Rivera, also known as Juan Rivera, also known as Juan Alonso Rivera

- Alcazar, also known as Juan Alonso Rivera

- Alcasa, also known as Juan Alonso Rivera Alcazar, also known as Juan Alonzo Rivera, also known as Manuel Alonso Rivera, also known as Lupillo Rivera, also known as Juan Alonzo Rivra, also known as Juan Carlos Martinez , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:13

- CR

- 156

- 1

Before CLEMENT, PRADO, and ELROD, Circuit Judges. PER CURIAM: * The attorney appointed to represent Juan Rivera

- Alcazar 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).

* 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 29, 2014

Lyle W. Cayce Clerk Case: 13-20694 Document: 00512750950 Page: 1 Date Filed: 08/29/2014No. 13

- 20694

Rivera

- Alcazar has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein , as well as Rivera

- Alcazar ’ s response
. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2.

2 Case: 13-20694 Document: 00512750950 Page: 2 Date Filed: 08/29/2014
* 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.

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-20124 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. JAIME CANTU Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:99-CR-80-2 Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges. PER CURIAM: * The attorney retained to represent Jaime Cantu has moved for leave to withdrawand has filed a brief in accordance with Andersv. California, 386 U.S. 738 (1967). Cantu has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. United States Court of Appeals Fifth Circuit 

### F I L E D December 12, 2007 Charles R. Fulbruge III Clerk
[No. 52350-3-I.

Division One.

April 26, 2004.]

#### *In the Matter of the Marriage of*Anthony Paul Aversano, Jr., *Respondent,*and Dian Langlois-Aversano, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 93-3-08194-8, Michael S. Spearman, J., entered April 15, 2003. *Reversed*by unpublished opinion per Grosse, J., concurred in by Cox, C.J., and Agid, J.
**Exhibit 32.1**

 

**President Certification**

 

Inconnection with General Maritime Corporation’s (the “Company”) annual report onForm 10-K for the fiscal year ended December 31, 2009, as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), theundersigned Chief Executive Officer of the Company, hereby certifies pursuantto 18 U.S.C. § 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

(1)         The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)         The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company.

 

 
| Date: March 1, 2010 | /s/ John P. Tavlarios |
|--------------------------|-----------------------|
|                     | Name:                 | John P. Tavlarios |
|                     | Title:                | President |

 

Theforegoing certification is being furnished solely pursuant to 18 U.S.C. § 1350and is not being filed as part of the Report or as a separate disclosuredocument.

 

----
In re the Matter of BENTON COUNTY SEWER DISTRICT NO. 1 OF BENTON COUNTY, Missouri, Appellant, v. George HALL, Respondent; Josephine Baker, Respondent.

WD 81510

Missouri Court of Appeals, Western District.

ORDER FILED: January 8, 2019 Motion for Rehearing and/or Transfer to Supreme Court Denied February 26, 2019

Charles E. Weedman, Jr., Harrisonville, MO, for appellant.

David J. Moen, Jefferson City, MO, for respondent Josephine Baker.

George M. Hall, respondent pro se.

Before Division Three: Gary D. Witt, Presiding Judge, Cynthia L. Martin, Judge and Anthony Rex Gabbert, Judge

**ORDER**

Per curiam:

Appellant Benton County Sewer Dist. No. 1 of Benton County, Missouri ("District"), appeals the judgment of the circuit court of Benton County, Missouri, vacating its order appointing a receiver for the District. The District raises two allegations of error in the court's judgment. For reasons explained more fully in a memorandum provided to the parties, we affirm. Rule 84.16(b).
### ~htt£ 

## of efu Werse1;l
CHRIS CHRISTIE Governor DEPARTMENT OF ENVIRONMENTALPROTECTION BOBMARTIN Commissioner KlMGUADAGNO

Lt. Governor Judith Enck, Administrator U.S. Environmental Protection Agency Region II 290 Broadway NewYork, NY 10007-1866 Re:Nominationfor National Priorities List ofSuperfund Sites E.C. Electroplating site (Garfield Chromium Groundwater Contamination) City ofGarfield,Bergen County
DearMs. Enck: The NewJersey Department ofEnvironmental Protection (DEP) nominates the E.C. Electroplating site (Garfield Chromium Groundwater Contamination) located at 125 Clark Street in the City ofGarfield, Bergen County for inclusion on the National Priorities List (NPL) ofSuperfund sites. In September 2002, DEP issued a Notice ofViolationto E.C. Electroplating for failing to comply with remedial investigation requirements and to initiate necessary cleanup actions. The company cited financial difficulty regarding continued cooperation to complete the required remedial actions. Therefore, in October2002, DEP requestedthat the U.S. Environmental Protection Agency (EPA) Region II's Emergency and Remedial Response Division evaluate the site for removal action consideration. EPA Region II's Removal Action Branch has been assessing contaminated areas ofthe site and conducting interim remedial actions since that time. In September 20I0, acting on newEPA data about chromium contamination at the site, Dr. Thomas Frieden, director ofthe Centers for Disease Control and Prevention, and administrator ofATSDR, advised EPA Administrator Lisa Jackson in a formal letter to listthe site on the NPL and provided a final health advisory for the site. Due to these new findings and the lack ofa viable responsible party and scope ofremedial work anticipated to investigate and clean up the chromium contamination to proteCt residents' health, it is appropriate that the site be proposed for the NPL. DEP recommends EPA Region II's Emergency and Remedial Response Division act on this request during Federal Fiscal Year 2011.

NewJersey is an Equal Opportunity Employer I PrintedonRecycledPaper andRecyclableDEP appreciates the opportunity to participate in the decision-making process to nominate this site for NPL status and is looking forward to future cooperation with EPA during remedial work at the site. Ifyou have any questions, please call me at 609-292-2885.

Commissioner
C' George Pavlou, Deputy Administrator, EPA Region II Walter Mngdan, Director, EPA Emergency and Remedial Response Division Ircnc Kropp, Deputy Commissioner, DEI' Dave Sweeney, Assistant Commissioner, DEP Site Remediation Program
Exhibit
32.1




CERTIFICATION




In
connection with the annual report of Liberator, Inc. (the “Company”) on Form
10-K for the fiscal year ended June 30, 2009 as filed with the Securities and
Exchange Commission (the “Report”), I, Louis S. Friedman, Chief Executive
Officer (Principal Executive Officer) of WES Consulting, Inc.*, hereby certify
as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350
of the United States Code, that to the best of my knowledge:




(1)
     The Report fully complies with the requirements of
Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods
indicated.





Date:
      May 10, 2010
            /s/
      Louis S. FriedmanLouis
      S. FriedmanChief
      Executive Officer (Principal Executive Officer) of WES Consulting, Inc.
      *




* On
October 19, 2009, Liberator, Inc. merged with and into WES Consulting,
Inc.  As WES Consulting, Inc. is the surviving entity from such merger
and Liberator, Inc. has been merged out, this certification is signed by the
Principal Executive Officer of WES Consulting, Inc.
Exhibit 32.2




CERTIFICATION PURSUANT TO SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report on Form 10-K for the year ended December 31, 2013 (the “Report”) of Keating Capital, Inc. (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Frederic M. Schweiger, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, that:





1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and




2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.








/s/ Frederic M. SchweigerName:
Frederic M. SchweigerDate:
February 24, 2014
Exhibit 33.2
 MANAGEMENTS ASSERTION OF COMPLIANCE
 Company
  Platform i e
 Applicable Servicing Criteria
 Period
  
    
    The Companys management is responsible for assessing the Companys compliance with
the Applicable Servicing Criteria.
    
    The Companys management has assessed compliance with the Applicable Servicing
Criteria. In making this assessment, management used the criteria set forth by the
Securities and Exchange Commission in paragraph (d) of Item 1122 of Regulation AB.
    
    Based on such assessment, the Company has complied, in all material respects, with
the Applicable Servicing Criteria.
  CITIBANK, N.A.By:
    
    /s/ Karen Montbach

Karen MontbachIts:
    
    Managing Director
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 Table Mesa Acquisitions, Inc. (the "Company") on Form 10-K for the fiscal year ended December 31, 2008 (the "Report"), I, Jay Lutsky, 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 requirement 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 Company's financial position and results of operations.  /s/Jay LutskyJay Lutsky, Chief Executive Officer March 10, 2009
<PAGE>
CERTIFICATIONS OF CEO AND CFO PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT



Exhibit 32



                           CERTIFICATIONS PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)


In connection with the Quarterly Report of SinoFresh HealthCare, Inc., a Florida
corporation (the "Company"), on Form 10-QSB for the quarter ended March
31, 2004, as filed with the Securities and Exchange Commission
(the "147 Report"), Charles A. Fust, Chief Executive Officer of the Company and
Russell R. Lee, Chief Financial Officer of the Company, respectively, do each
hereby certify, pursuant to 906 of the Sarbanes-Oxley Act of 2002
(18 U.S.C. 1350), that to his knowledge:



(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.


/s/ Charles A. Fust
-------------------
Charles A. Fust
Chief Executive Officer
May 14, 2004


/s/ Russell R. Lee III
----------------------
Russell R. Lee III
Chief Financial Officer
May 14, 2004


[A signed original of this written statement required by Section 906 has
been provided to SinoFresh HealthCare, Inc. and will be retained by SinoFresh
HealthCare, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.]
**Exhibit 32.1**

 

Certification of CEO under Section 906 of the Sarbanes-Oxley Actof 2002

 

*I certify that this periodic report containing theissuer’s financial statements fully complies with the requirements of section13(a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. 78mor 78o(d)) and that information contained in this periodic report fairlypresents, in all material respects, the financial condition and results ofoperations of the issuer.*

 

 
| * *                 | *By:*  | */s/  Keith C. Robbins*             |
|--------------------------|--------|-------------------------------------|
|                     |   |
|                     |   | President,  Chief Executive Officer |
|                     |   |
| Date:  May 15, 2009 |   |
|                          |        |                                     |  |

 

----
[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Notices]
[Page 2632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-649]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,020]


American Multimedia, Inc., Burlington, NC; Notice of Affirmative 
Determination Regarding Application for Reconsideration

    By application dated January 6, 2008, the petitioner requested 
administrative reconsideration of the negative determination regarding 
workers' eligibility to apply for Trade Adjustment Assistance (TAA) and 
Alternative Trade Adjustment Assistance (ATAA) applicable to workers 
and former workers of the subject firm. The determination was issued on 
December 17, 2008. The Notice of Determination will soon be published 
in the Federal Register.
    The initial investigation resulted in a negative determination 
based on the finding that imports of replicated CD's, VHS, DVD's, and 
cassette tapes did not contribute importantly to worker separations at 
the subject firm and no shift of production to a foreign source 
occurred.
    In the request for reconsideration, the petitioner provided 
additional information regarding the customers of the subject firm and 
alleged that the customers might have increased imports of CD's, VHS, 
DVD's, and cassette tapes.
    The Department has carefully reviewed the request for 
reconsideration and the existing record and has determined that the 
Department will conduct further investigation to determine if the 
workers meet the eligibility requirements of the Trade Act of 1974.

Conclusion

    After careful review of the application, I conclude that the claim 
is of sufficient weight to justify reconsideration of the U.S. 
Department of Labor's prior decision. The application is, therefore, 
granted.

    Signed at Washington, DC, this 9th day of January 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-649 Filed 1-14-09; 8:45 am]
BILLING CODE 4510-FN-P
C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: In re 1301 Fannin Owner, LP

Appellate case number: 01

- 19

- 00119

- CV

Trial court case number: 2017

- 61367

Trial court: 190th District Court of Harris County

This original proceeding was abated for the successor trial court judge to reconsider the order challenged in relator’s mandamus petition. See T EX

. R. A PP

. P. 7.2(b). The parties have informed this Court that a hearing was held

, and the successor trial cou rt judge also granted the relief in the challenged order. Accordingly, t he parties have filed an agreed motion to reinstate this original proceeding and set a briefing schedule. The motion is GRANTED

. We REINSTATE this case on the Court’s active docket . In accordance with the schedule agreed upon by the parties, we order briefing in this case as follows:

• Relator’s amended petition for writ of mandamus is due by April 24, 2019;

• Real

- party

- in

- interest’s response is due 20 days after the date the amended manda mus petition is filed; and

• Relator’s reply is due 15 days after the response is filed.

It is so ORDERED.

Judge’s signature:

__

/s/ Justice Sarah B. Landau

________

Acting individually

Date: _ April 4, 2019

___
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 99-4227

DAVID EUGENE CRAWFORD,

Defendant-Appellant.

Appeal from the United States District Court

for the Western District of North Carolina, at Shelby.

Lacy H. Thornburg, District Judge.

(CR-93-11)

Submitted: April 28, 2000

Decided: May 19, 2000

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Joel S. Trilling, Asheville, North Carolina, for Appellant. Mark T.

Calloway, United States Attorney, Brian Lee Whisler, Assistant

United States Attorney, Charlotte, North Carolina, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________
OPINION

PER CURIAM:

David Eugene Crawford appeals his conviction and sentence following his plea of guilty to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846 (1994). We affirm

pursuant to the law of the case doctrine. See Columbus-American Discovery Group v. Atlantic Mut. Ins. Co., 203 F.3d 291, 304 (4th Cir.

2000).

Crawford contends that the district court failed to establish a factual basis for his plea, the Government breached the plea agreement,

and the district court erred in attributing more than five kilograms of

drugs to Crawford. Crawford previously presented each of these arguments to the court in a motion to vacate under 28 U.S.C.A. § 2255.

See United States v. Crawford, No. 97-7138 (4th Cir. Sept. 3, 1998)

(per curiam) (unpublished). Because this Court previously considered

these arguments on the merits and none of the exceptions enumerated

in United States v. Aramony, 166 F.3d 655, 661 (4th Cir.), cert.

denied, 526 U.S. 1146 (1999), apply, we affirm the district court's

order of judgment and conviction.

AFFIRMED

 2
<PAGE>

                                                                    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

I, Gregory E. A. Morrison, President and Chief Executive Officer of Platinum
Underwriters Holdings, Ltd., hereby certify to the best of my knowledge and
belief that this Quarterly Report on Form 10-Q fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a) or 78o(d)) and that the information contained in this
Quarterly Report on Form 10-Q fairly represents, in all material respects, the
financial condition and results of operations of Platinum Underwriters Holdings,
Ltd.

Date: August 6, 2004              /s/  GREGORY E. A. MORRISON
                                  ------------------------------------------
                                  By: Gregory E. A. Morrison
                                  President and Chief Executive Officer