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

FOR THE FIFTH CIRCUIT

No. 14-10159

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

REVEREND JAMES CORNELL CLARK,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 5:07-CR-27-1

Before PRADO, OWEN, and GRAVES, Circuit Judges.

PER CURIAM:*

Reverend James Cornell Clark, federal prisoner # 13238-057, filed an 18 

U.S.C. § 3582(c)(2) motion in the district court, seeking a reduction in the 120-

month sentence that was imposed following his conviction for importation of 

an alien for immoral purposes. The district court denied the motion, and Clark 

now appeals. Clark has also moved for leave to amend his appellate brief to 

include additional requests for relief, and that motion is granted.

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

December 2, 2014

Lyle W. Cayce

Clerk

 

 Case: 14-10159 Document: 00512854609 Page: 1 Date Filed: 12/02/2014
No. 14-10159

Clark argues here, as he did in the district court, that his sentence should 

be reduced because his guidelines sentencing range was increased by 

enhancements triggered by judicially found facts in violation of Alleyne v. 

United States, 133 S. Ct. 2151, 2163 (2013). The district court properly denied 

Clark’s motion because his Alleyne-based challenge to his sentence is beyond 

the scope of § 3582(c)(2). See United States v. Hernandez, 645 F.3d 709, 712 

(5th Cir. 2011); United States v. Whitebird, 55 F.3d 1007, 1011 (5th Cir. 1995). 

In addition to his Alleyne-based sentencing challenge, Clark raises in his 

appellate brief numerous other challenges to his underlying conviction and 

sentence, none of which are based on any amendments to the Sentencing 

Guidelines. Because these other challenges are raised for the first time in 

Clark’s appellate brief, we decline to consider them. See United States v. 

Pardue, 36 F.3d 429, 431 (5th Cir. 1994).

The Government moves for the dismissal of Clark’s newly raised 

arguments, for summary affirmance, and, alternatively, for an extension of 

time for filing an appellate brief. We deny each of those motions and affirm 

the judgment of the district court denying relief under § 3582(c)(2).

AFFIRMED; MOTION TO AMEND APPELLANT’S BRIEF GRANTED; 

ALL OTHER OUTSTANDING MOTIONS DENIED.

2

 Case: 14-10159 Document: 00512854609 Page: 2 Date Filed: 12/02/2014
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 619 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
H. RES. 619

  Expressing support for July to be designated as ``Disability Pride 
                                Month''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2023

Ms. McCollum (for herself, Mr. Thompson of Pennsylvania, Ms. Adams, Mr. 
    Calvert, Ms. Dean of Pennsylvania, Ms. Schakowsky, Mr. Smith of 
   Washington, Mr. Carson, Ms. Scanlon, Mr. Moulton, Ms. Norton, Ms. 
 Titus, Ms. Ross, and Mr. Allred) submitted the following resolution; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                               RESOLUTION

 
  Expressing support for July to be designated as ``Disability Pride 
                                Month''.

Whereas, according to the Centers for Disease Control and Prevention 61,000,000 
        American adults have a disability that impacts major life activities;
Whereas the United States Census Bureau reports that over 3,000,000 children 
        have disabilities;
Whereas the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) was signed 
        into law on July 26, 1990;
Whereas people with a disability remain at an increased risk of experiencing 
        discrimination, isolation, and inequities;
Whereas people with disabilities are vital, and make meaningful contributions in 
        the American arts, science, healthcare, technology, sports, education, 
        law, and many more sectors; and
Whereas ``Disability Pride Month'' is celebrated in July by Americans across the 
        country: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) expresses the support for July to be designated as 
        ``Disability Pride Month''; and
            (2) calls on the people of the United States, interest 
        groups, and affected people to--
                    (A) to observe Disability Pride Month with 
                appropriate celebrations and activities; and
                    (B) take an active role in the prevention of 
                exclusion of and discrimination against people with 
                disabilities.
                                 <all>
```
----

Removal from the Register of Case T-57/97 (1)

(2005/C 217/127)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber of the Court of First Instance of the European Communities has ordered the removal from the Register of Case T-57/97, R. Dusselaar v Council of the European Union and Commission of the European Communities.

----

(1)OJ C 142 of 10.5.1997.

----
Lawrence LEWIS, Appellant, v. STATE of Florida, Appellee.

No. 4D17-233

District Court of Appeal of Florida, Fourth District.

[December 14, 2017]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
---

EXHIBIT 99.6

CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Joseph F. Conway, Chief Executive Officer of Primero Mining
Corp. (the Company), hereby certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the
best of my knowledge:

| | (i)  | the Annual Report on Form 40-F of the Company for the
      fiscal year ended December 31, 2012 (the Annual Report) fully complies
      with the requirements of Section 13(a) or 15(d) of the Securities Exchange
      Act of 1934, as amended; and
| | ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                         
| | (ii) | the information contained in the Annual Report fairly
      presents, in all material respects, the financial condition and results of
      operations of the Company.                                                                                 

| | By:    | /s/
      Joseph F. Conway
| | ------ | --------------------------
| |        |                           
| | Name:  | Joseph F. Conway          
| | Title: | Chief Executive Officer   
| |        |                           
| | Date:  | April 1, 2013             

---
---

CONSENT OF EXPERT

In connection with the Annual Report on Form 40-F of
Primero Mining Corp. (Primero) for the year ended December 31, 2014, and any
amendments thereto (the Form 40-F), I, Karl Dessureault, P. Eng., hereby
consent to the use of my name in connection with the references to and summaries
of scientific and technical information relating to Primeros mineral properties
(collectively, the Incorporated Information) and to the inclusion of the
Incorporated Information in the Annual Information Form filed as an exhibit to
the Form 40-F and incorporated by reference therein.



Yours very truly,



/s/ Karl DessureaultKarl Dessureault, P. Eng.

Dated: March 31, 2015

---
----

JUDGMENT OF THE COURT

(First Chamber)

of 14 April 2005

in Case C-6/03 (reference for a preliminary ruling from the Verwaltungsgericht Koblenz): Deponiezweckverband Eiterköpfe v Land Rheinland-Pfalz (1)

(Environment - Landfill of waste - Directive 1999/31 - Domestic legislation laying down more stringent rules - Compatibility)

(2005/C 132/05)

Language of the case: German

In Case C-6/03: reference for a preliminary ruling under Article 234 EC from the Verwaltungsgericht Koblenz (Germany), made by decision of 4 December 2002, received at the Court on 8 January 2003, in the proceedings pending before that court between Deponiezweckverband Eiterköpfe and Land Rheinland-Pfalz — the Court (First Chamber), composed of P. Jann, President of the Chamber, N. Colneric, J.N. Cunha Rodrigues (Rapporteur), M. Ilešič and E. Levits, Judges; D. Ruiz-Jarabo Colomer, Advocate General, K. Sztranc, Administrator, for the, Registrar, gave a judgment on 14 April 2005, the operative part of which is as follows:

----

(1)OJ C 101 of 26.04.2003.

----
**EXHIBIT
      32.2**





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 TXP Corporation (the "Company") on
      Form
      10-QSB for the quarter ended March 31, 2007 as filed with the Securities and
      Exchange Commission on the date hereof (the "Report"), I, Robert Bruce, Chief
      Financial Officer and Principal Financial Officer of the Company, certify,
      pursuant to 18 U.S.C. 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 and 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
      TXP Corporation and will be retained by TXP Corporation and furnished to the
      Securities and Exchange Commission or its staff upon request.





May
      21,
      2007


/s/*Robert
                Bruce**Robert
                  Bruce*
                *Chief
                  Financial Officer (Principal Accounting and Financial
                  Officer)*
[No. 27933-9-II.

Division Two.

April 20, 2004.]

#### The State of Washington, *Respondent,*v. Leanna Bessie Williams, *Appellant.*

Appeal from a judgment of the Superior Court for Pierce County, No. 00-1-01208-1, Brian M. Tollefson, J., entered October 8, 2001. *Affirmed*by unpublished opinion per Seinfeld, J., concurred in by Bridgewater, J.; Morgan, A.C.J., dissents by separate opinion.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-7455

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

PAUL MONROE COVINGTON, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Samuel G. Wilson, Chief

District Judge, sitting by designation. (CR-98-50, CA-01-110-3-V)

Submitted: October 17, 2001 Decided: October 30, 2001

Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit

Judge.

Dismissed by unpublished per curiam opinion.

Aaron Edmund Michel, Charlotte, North Carolina, for Appellant.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Paul Monroe Covington, Jr. seeks to appeal the district

court’s order denying his motion filed under 28 U.S.C.A. § 2255

(West Supp. 2001). We have reviewed the record and the district

court’s opinion and find no reversible error. Accordingly, we deny

a certificate of appealability and dismiss the appeal on the

reasoning of the district court. United States v. Covington, Nos.

CR-98-50; CA-01-110-3-V (W.D.N.C. filed July 10, 2001; entered July

12, 2001). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED
Terrance KEESEE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D16-5042

District Court of Appeal of Florida, Second District.

April 26, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Nicholas WILLIAMS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-657

District Court of Appeal of Florida, Second District.

Opinion filed August 2, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
```

[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)]
[Notices]
[Page 545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28459]

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

POSTAL SERVICE

Product Change--Priority Mail Express and First-Class Package 
Service Negotiated Service Agreement

AGENCY: Postal ServiceTM.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: January 4, 2018.

FOR FURTHER INFORMATION CONTACT: Elizabeth A. Reed, 202-268-3179.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
December 28, 2017, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail Express & First-Class Package Service 
Contract 2 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2018-120, CP2018-163.

Elizabeth A. Reed,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2017-28459 Filed 1-3-18; 8:45 am]
 BILLING CODE 7710-12-P
```
**Exhibit 99.6**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. § 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report of Franco-Nevada Corporation (the “Company”) on Form 40-F for the year ended December 31, 2015, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, David Harquail, the President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 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:  March 10, 2016 |                                  |
|--------------------------------------|---------------------------------------|
|                                 |                                  |
|                                 | /s/ David Harquail                    |
|                                 | David Harquail                        |
|                                 | President and Chief Executive Officer |

 

----
---

March 29, 2012

VIA EDGAR

United States Securities and Exchange Commission

Re:
    Primero Mining Corp. (the "Registrant")Annual Report on Form
      40-FConsent of Expert


This letter is provided in connection with the Companys annual
report on Form 40-F to be filed by the Company with the United States Securities
and Exchange Commission and any amendments thereto (the "Annual Report").
The Annual Report incorporates by reference the Annual Information Form of the
Company for the year ended December 31, 2011 (the AIF).

I hereby consent to the use of my name in the Annual Report
with reference to statements in the AIF regarding certain scientific and
technical information stated as being prepared by or under the supervision of
Rodney Webster, MAIG, Mr. Herbert A. Smith, P. Eng. and Mr. J. Morton Shannon,
P. Geo., all of AMC Consultants.

Sincerely,



|/s/ Herbert A.
      Smith | 
|-------------------------- | 
|Herbert A. Smith, P. Eng.  | 

---
EXHIBIT 32
----------




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



     The following statement is provided by the undersigned to accompany
the Quarterly Report on Form 10-Q for the quarter ended June 30, 2007,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be
deemed filed pursuant to any provision of the Securities Exchange Act of
1934 or any other securities law:

     Each of the undersigned certifies that the foregoing 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) and that the
information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of JMB/245 PARK
AVENUE ASSOCIATES, LTD.





By: /s/ Patrick J. Meara          By: /s/ Gailen J. Hull
    ----------------------            ----------------------------
    Patrick J. Meara                  Gailen J. Hull
    Chief Executive Officer           Chief Financial Officer and
                                      Principal Accounting Officer
STATE EX REL. Jesse BROWN, Jr. v. STATE of Louisiana

NO. 2016-KH-2218

Supreme Court of Louisiana.

February 23, 2018

Denied. See State ex rel. Brown v. State, 03-2568 (La. 3/26/04), 870 So.2d 976.

WEIMER, J., recused.

HUGHES, J., would grant.
Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee.

Case No. 5D16-4395

District Court of Appeal of Florida, Fifth District.

Opinion filed February 2, 2018

James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant.

Jose Ismael Torres, Wewahitchka, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

*500We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence should have been imposed for the crime of possession of a firearm during the commission of a trafficking offense. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). We, therefore, remand for the trial court to make the correction in the written sentence.

AFFIRMED; REMANDED for correction of scrivener's error.

BERGER, WALLIS, and EISNAUGLE, JJ., concur.
Jeremy JENNINGS, Appellant, v. STATE of Missouri, Respondent.

WD 81571

Missouri Court of Appeals, Western District.

Filed: May 28, 2019

Ellen H. Flottman, Columbia for appellant.

Karen L. Kramer, Jefferson City for respondent.

Before Division Four: Karen King Mitchell, C.J., and Alok Ahuja and Cynthia L. Martin, JJ.

**ORDER**

PER CURIAM:

Following a jury trial in the Circuit Court of Boone County, Jeremy Jennings was convicted of two counts of first-degree statutory sodomy in violation of § 566.062, RSMo. After we affirmed his convictions on direct appeal, Jennings filed a motion for post-conviction relief under Supreme Court Rule 29.15. The circuit court denied relief following an evidentiary hearing. Jennings appeals. He argues that his trial counsel provided ineffective assistance when counsel failed to retain an expert witness to challenge the manner in which the forensic interview of the child-victim was conducted, and to identify other circumstances which may have influenced the child-victim to falsely implicate Jennings. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 84.16(b).
|   | (1) | the Annual Report on Form 10-K of Rider Exploration, Inc.. for the year ended 10/31/10 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 Annual Report on Form 10-K for the year ended 10/31/10, fairly presents in all material respects, the financial condition and results of operations of  Rider Exploration Inc . |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |        |                                     |   |
|--------|-------------|------------------------------------------|--------|
|   | By:         | /s/ Steve Friberg                        |   |
|   |        |                                     |   |
|   | Name   | Steve Friberg                            |   |
|   |        |                                     |   |
|   | Title  | Principal Executive Officer,             |   |
|   |        | Principal Financial Officer and Director |   |
|   |        |                                     |   |
|   | Date        |                                     |   |

----
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
ART 5. FOR 2ND QUARTER 10-Q
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           4,677
<SECURITIES>                                         0
<RECEIVABLES>                                   23,085
<ALLOWANCES>                                         0
<INVENTORY>                                     56,317
<CURRENT-ASSETS>                                95,380
<PP&E>                                         640,915
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 752,496
<CURRENT-LIABILITIES>                           39,616
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       426,133
<OTHER-SE>                                    (76,709)
<TOTAL-LIABILITY-AND-EQUITY>                   752,496
<SALES>                                         99,206
<TOTAL-REVENUES>                                99,206
<CGS>                                           71,148
<TOTAL-COSTS>                                   89,950
<OTHER-EXPENSES>                                 6,382
<LOSS-PROVISION>                                     0
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<EPS-PRIMARY>                                   (0.08)
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