alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 40349 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
ABRAHAM HERNANDEZ

- ZAVALA , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:16

- CR

- 35

- 1

Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Abraham Hernandez

- Zavala 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). Hernandez

- Zavala has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Hernandez

- Zavala ’s claims of ine ffective assistance of counsel; we therefore

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 October 19, 2016

Lyle W. Cayce Clerk Case: 16-40349 Document: 00513725658 Page: 1 Date Filed: 10/19/2016No. 16

- 40349

2 decline to consider the claims without prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014 )

. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Hernandez

- Zavala ’s response. We concur wit h counsel’s assessment that 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 5 TH C IR

. R . 42 .2. Case: 16-40349 Document: 00513725658 Page: 2 Date Filed: 10/19/2016
Joshua L. FIELDS, Appellant, v. STATE of Missouri, Respondent.

WD 81142

Missouri Court of Appeals, Western District.

ORDER FILED: February 13, 2019

Maleaner Harvey, St. Louis, Mo, Counsel for Appellant.

Robert Bartholomew, Jr., Jefferson City, MO, Counsel for Respondent

Before Division Two: Alok Ahuja, P.J., Thomas H. Newton, and Mark D. Pfeiffer, JJ.

*300**ORDER**

Per Curiam:

Mr. Joshua Fields appeals a Jackson County Circuit Court judgment denying his Rule 29.15 motion for post-conviction relief claiming ineffective assistance of counsel. For reasons stated in the memorandum provided to the parties, we affirm. Rule 84.16(b).
EXHIBIT 32.2

               CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002


The undersigned  hereby certifies in her capacity as Chief Financial  Officer of
Belrose Capital Fund LLC (the Fund), that based on her knowledge:

(a)  the  Quarterly  Report of the Fund on Form 10-Q for the quarter  ended June
     30, 2004 (the Report) fully complies with the requirements of Section 13(a)
     of the Securities Exchange Act of 1934, as amended; and

(b)  the information  contained in the Report fairly  presents,  in all material
     respects, the financial condition and the results of operations of the Fund
     for such period.


Date:  August 9, 2004





                                   /s/ Michelle A. Alexander
                                   -------------------------
                                   Michelle A. Alexander
                                   Chief Financial Officer
**Exhibit 32.1**

** **

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350**

**AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

In connection with the quarterly report on Form 10-QSB of East KansasAgri-Energy, LLC (the “Company”) for the period ended March 31, 2006, as filedwith the Securities and Exchange Commission on the date hereof  (the “Report”), I, William R. Pracht,Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that:

 

1.                                       The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

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

 

 
|   | /s/ William R. Pracht    |   |
|--------|--------------------------|--------|
|   | Chief Executive Officer  |
|   | Dated: May 15, 2006 |

 

----
NATIONSTAR MORTGAGE LLC, Appellant, v. Richard DECOURSY, a/k/a Richard Decoursey; The Homeowners Association of Townhomes of Countryside, Inc., Appellees.

Case No. 2D16-3851

District Court of Appeal of Florida, Second District.

Opinion filed August 25, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Everett Emerson CORNETT, Jr. v. STATE

CR-14-1745

Court of Criminal Appeals of Alabama.

October 28, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Reh. denied.
<PAGE>
                                                                    EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
          PURSUANT TO RULE 13A-14(B) OR 15D-14(A) UNDER THE SECURITIES
             EXCHANGE ACT OF 1934 AND SECTION 1350 OF CHAPTER 63 OF
                       TITLE 18 OF THE UNITED STATES CODE

      In connection with the Quarterly Report of NGAS Resources, Inc., a British
Columbia corporation formerly named Daugherty Resources, Inc. (the "Company"),
on Form 10-QSB (the "Report") for the quarter ended June 30, 2004 (the
"Reporting Period"), as filed with the Securities Exchange Commission on the
date hereof under the Securities Exchange Act of 1934, as amended (the "Exchange
Act"), the undersigned, William S. Daugherty, Chairman, Chief Executive Officer
and President of the Company, certifies pursuant to Rule 13a-14(b) under the
Exchange Act and Section 1350 of Chapter 63 of Title 18 of the United States
Code, that:

      1. The Report fully complies with the requirements of Section 13(a) of the
Exchange Act; and

      2. The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company as of the dates and for the periods reported therein.

/s/ William S. Daugherty

William S. Daugherty
Chairman, Chief Executive Officer and President
August 10, 2004
COURT OF A PPEAL S EI GHTH D I STRI CT OF TEX AS ELPASO, TEXAS FERNAN DO GAL I

NDO, Appellant,
v. THE STATE OF TEXAS, Appellee
. § § § § § § No. 08-11-00062- CR

Appea l from the 243rd District Court of El Paso County , Texas (TC# 20080D02188)
MEMORAN DUM OP INION Pending be fore the Court is a motion to dismiss filed by Appellant pursua

nt to Tex as Rule of Appellate Procedur e 42.2(a)
. The motion was filed befor e our decision in the case and was signe d by Appellant and his attorney
. Fur ther, a duplicate copy of the motion has been forwa rded to the trial court cler k. Be cause the motion complies with t he require ments of Rule 42.2(a) , we g rant the motion and dismi ss the appea l.

GUADA L UPE RI VERA, J ustice September 14, 2011 Be fore Chew, C.J ., McClure, a nd Rivera, JJ
. (Do Not Publish)
**EXHIBIT 31.2**

 

**CERTIFICATION**

 

I, Theresa M. Wasko certifythat:

 

1. I have reviewed thisannual report on Form 10-K of Riverview Financial Corporation;

 

2. Based on my knowledge,the annual report does not contain any untrue statement of a material fact or omitto state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this annual report;

 

3. Based on my knowledge,the financial statements, and other financial information included in thisannual report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this annual report;

 

4. The registrant’s othercertifying officers and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and we have:

 

(a) designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this annual report is being prepared;

 

(b) evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this annual report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisannual report based upon such evaluation; and

 

(c) disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5. The registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation,of internal control over financial reporting, to the registrant’s auditors andthe audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):

 

(a) allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

(b) anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 

 

| Date:  | April 9, 2009 |   | By:                     | /s/ Theresa M. Wasko |
|--------|--------------------|--------|-------------------------|----------------------|
|   |               |   | Theresa M. Wasko        |
|   |               |   | Chief Financial Officer |

 

----
Order entered June 12, 2014

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 14
- 00 755
- CR
EX PARTE BENJAMIN BURCH On Appeal from the 2 04th Judicial District Court

Dallas County, Texas Trial Court Cause No. F09
- 00319
- Q



### O RDER
The Cour t has received appellant’s notice of appeal from the trial court’s order denying his pretrial application for writ of habeas corpus raising a double jeopardy challenge. Although the trial court issued its order on March 28, 2014 and the notice of appeal w as filed on April 10, 2014, the notice of appeal was not forwarded to this Court until June 10, 2014. This is an accelerated appeal under Texas Rule of Appellate Procedure 31.
We ORDER the Dallas County District Clerk to file the clerk’s record in the app eal by JUNE 3 0 , 2014

. In addition to the documents related to the habeas corpus proceedings, the clerk’s record shall contain the trial court’s certification of appellant’s right to appeal.
W e ORDER Marissa Garza , official court reporter of the 204th Ju dicial District Court, to file, by JUNE 3 0 , 2014 , the reporter’s record s of all hearings related to appellant’s application for writ of habeas corpus.We ORDER appellant to file his brief by JULY 1 8 , 2014 . We ORDER the State to file

its brief by AUGUST 8, 2014 . If any party does not file its brief by the date specified, the appeal will be submitted without that party’s brief. See T EX
. R. A PP
. P . 31.1. The appeal will be submitted without oral argument on September 4, 2014 to a panel consisting of Justi ces O’Neill, Lang

- Miers , and Brown

. We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Lena Levario, Presiding Judge, 204th Judicial District Court; Marissa Garza , official court reporter, 204th Judicial District Court; Gary Fitzsimmons, Dallas County District Clerk; and to counsel for all parties.

/s/ LANA MYERS JUSTICE
STATE of Missouri, Respondent, v. Gordon Mack STONE, II, Appellant.

WD 80162

Missouri Court of Appeals, Western District.

ORDER FILED: March 12, 2019 Application for Transfer Denied June 25, 2019

Keith O'Connor, Kansas City, MO, Counsel for Appellant.

Karen Kramer, 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:

Following a jury trial in the Circuit Court of Buchanan County, Gordon Stone was convicted of statutory rape in the first degree. Stone appeals this conviction, arguing that the trial court erred in excluding testimony that D.S., the victim, had a boyfriend, and in refusing to grant his motions for judgment of acquittal at the close of the State's evidence and at the close of all evidence. Finding no error, we affirm. Rule 30.25(b).
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

The undersigned hereby certifies that the Form
10-Q Quarterly Report of Circus and Eldorado Joint Venture and Silver Legacy Capital Corp. (collectively, the Company) for the quarterly period ended September 30, 2007 filed with the Securities and Exchange Commission (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.



|                         |  |  |  |     |  |                                                                                                             
|------------------------ |  |  |  | --- |  | ------------------------------------------------------------------------------------------------------------
|Dated: November 14, 2007 |  |  |  | By: |  | /s/ Gary L. Carano                                                                                          
|                         |  |  |  |     |  | Gary L. Carano, Chief Executive Officer of Circus and
Eldorado Joint Venture and Silver Legacy Capital Corp.
Susie Lee MCLEMORE v. CITY OF MONTGOMERY

CR-15-0977

Court of Criminal Appeals of Alabama.

December 9, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Notices]
[Page 14132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6990]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Disease, Disability, and Injury Prevention and Control Special 
Emphasis Panel (SEP): Strengthening Infectious Disease Research 
Capacity for Public Health Action in Guatemala and Central America, 
Funding Opportunity Announcement (FOA) GH09-001

    In accordance with Section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the aforementioned meeting.

    Time and Date: 2 p.m.-5 p.m., April 30, 2009 (Closed).
    Place: Teleconference.
    Status: The meeting will be closed to the public in accordance 
with provisions set forth in Section 552b(c)(4) and (6), Title 5 
U.S.C., and the Determination of the Director, Management Analysis 
and Services Office, CDC, pursuant to Public Law 92-463.
    Matters to be Discussed: The meeting will include the review, 
discussion, and evaluation of applications received in response to 
``Strengthening Infectious Disease Research Capacity for Public 
Health Action in Guatemala and Central America, FOA GH09-001.''
    For Further Information Contact: Maurine F. Goodman, M.A., 
M.P.H., Scientific Review Officer, Office of the Director, Office of 
the Chief Science Officer, CDC, 1600 Clifton Road, NE., Mailstop 
D74, Atlanta, GA 30333, Telephone: (404) 639-4640.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining 
to announcements of meetings and other committee management 
activities, for both CDC and the Agency for Toxic Substances and 
Disease Registry.

    Dated: March 20, 2009.
Elaine L. Baker,
Director, Management Analysis and Services Office Centers for Disease 
Control and Prevention.
 [FR Doc. E9-6990 Filed 3-27-09; 8:45 am]
BILLING CODE 4163-18-P
U.S.E.P.A75HawthorneStreetSanFrancisco,CA94105RE:EPA-R09-OAR-2012-0021-FRL,ProposedPartialApprovalandPartialDisapprovalofArizona’sProvisionsfortheConflictofInterestRequirementsoftheCleanAirAct(CAA)forthe1997Ozone,1997FineParticulate(PM2.5),and2006PM2.5NationalAmbientAirQualityStandard(NAAQS)Sir:AsresidentsofnorthernArizona,wearedeeplyconcernedaboutthepotentialeffectofyourrulerequiringtheApachePowerPlant,theCoronadoPowerPlant,andtheChollaPowerPlanttoachieve0.05lbs/MmbtuNOx.Wearetoldthatsomeoftheseplantsarepresentlyrunningatabout0.2lbs/MmbtuaftertheymadehundredsofmillionsofdollarsinextensiveimprovementstoIncreaseNOx,502andparticulateremoval.Weunderstandthattheseimprovementsweremadetoimproveairqualityforusasresidents.Wealsounderstandthatweascustomerswillpayfortheseimprovements.Weacceptthattheywerenecessary.WearetoldthattheNOxremovalrequirementyouareproposingfortheseplantsislikelytohavetheeffectofforcingtheirclosure.ThiswouldhaveadevastatingimpactonnorthernArizona’seconomy,whichisalreadysufferingbecauseoftheclosureofthePaperMillinSnowflake.TheclosureofthePaperMillwillcosttheregionmorethan300jobsdirectly,andmanymoreindirectly.TheImpositionofthe0.05lbs/Mmbturequirementcouldhaveacompoundeffect,drawingtheregionintoaneconomiccrisisoftragicproportions.Wearetoldthatthepurposeofthe0.05lbs/Mmbturequirementistoreduceregionalhazeandtotherebyimprovevisibility.WearealsotoldthatthedifferencebetweentheNOxemissionspresentlyachievedbytheseplantsandthe0.05lbs/MmbtuyouproposewillnotbevisibletousortothosewhovisittheGrandCanyon,thePetrifiedForest,ortheothernationalparksinArizona.Thisdeepensthetragedyoftheimpact.Families,businesses,societiesandculturesthathavebeenhereforgenerationswillbeharmedirreparablyorlost.Webelievethatthisisneitherreasonable,norfair,norjust.WebelievethatthefutureofNorthernArizonaanditsresidentsisatstakewiththeImplementationofyourproposal.Wethereforeurgeyouinthemostsincereandgravemannerweareabletoconveyinthislettertoreconsideryourproposaltorequiretheseplantstoachieve0.05lbs/MmbtuNOx.WeaskthatyoufindasolutionthatdoesnotharmthepeopleofnorthernArizona,andthatwillenablethemtopursuethelivestheyareentitledto,asareallAmericans.Weaskthatyougivefullconsiderationofthepotentiallytragiceconomicconsequencesofimplementingthisrule,especiallyandspecificallywhen,viewedintermsoftheextremelymarginalimpactonregionalhazeandvisibility.Ily,Winslow,AZ86047
|   | (1) | the Company’s Annual Report on Form 10-K/A for the year ended December 31, 2014 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:           March 12, 2015 | /s/ Ian C. Strachan                                                                                     Ian C. StrachanChairman of the Board of Directors and Chief Executive Officer |
|----------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
H. Streamlining the State Process for SIP Development and 

Submittal

As stated earlier in this preamble, we recognize that the 

deadline we are giving states to submit their SIP revisions is 

expeditious. EPA understands that each state must determine 

whether its own regulatory development process allows for 

streamlining, and we defer to the states on the extent to which 

they may choose to streamline the process. Given the 

exigencies, we believe a streamlining approach could be 

beneficial to a state in meeting its deadline. We are prepared 

to work with the states to develop methods to streamline the 

state administrative process, although we recognize that the 

states remain fully in charge of their own state processes. We 

solicit recommendations during the comment period for ways to 

streamline the state process for adopting and submitting these 

SIPs, and to streamline or simplify what is required for the SIP 

submittal. 

For example, we may streamline the process as it 

concerns public hearing requirements. Many states require that 

the underlying state regulation that the state intends to 

develop into the SIP submittal undergo a public hearing. In 

addition, the CAA requires that the state provide a public 

hearing on the proposed SIP submittal, under CAA 110(a)(2). EPA 

will accept the hearing that the state holds on the underlying 
regulation as meeting the requirement for the hearing on the SIP 

submittal. We believe that this approach is fully consistent 

with the Clean Air Act, which requires only that , as long as 

the state provides adequate public notice of the hearing, and 

does and EPA will not require two a separate state-levelSIP

hearings. We solicit comment on this streamlining approach, its 

acceptability under the Clean Air Act, and on any other 

recommendations that may be useful to the states for 

streamlining their SIP development and submittal processes.

Formatted: Indent: First line: 0"
----

ORDER OF THE COURT OF FIRST INSTANCE

of 10 March 2005

in Case T-266/00 Confartigianato Venezia, Transport Lines Snc and Others v Commission of the European Communities (1)

(State aid - Commission decision declaring incompatible with the common market unlawful aid schemes and requiring repayment of incompatible aid - National procedure for repayment precluded - Action for annulment - No legal interest in bringing proceedings - Inadmissibility)

(2005/C 155/36)

Language of the case: Italian

In Case T-266/00: Confartigianato Venezia, Transport Lines and the 15 other applicants listed in the Annex to the order, established in Venice (Italy), represented by A. Vianello, lawyer, with an address for service in Luxembourg, against Commission of the European Communities (Agent: V. Di Bucci and A. Dal Ferro, lawyer, with an address for service in Luxembourg) — action for annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws Nos 30/1997 and 206/1995 (OJ 2000 L 150, p. 50) — the Court of First Instance (Second Chamber, Extended Composition), composed of J. Pirrung, President, A.W.H. Meij, N.J Forwood, I. Pelikánová, S. Papasavvas, Judges; H. Jung, Registrar, made an order on 10 March 2005, the operative part of which is as follows:

----

(1)OJ C 372 of 23.12.2000.

----