alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(106 So. 779)

No. 27618.

#### STATE v. ZERINGUE.

(Jan. 4, 1926.)

*(Syllabus by Editorial Staff.)*

1. Criminal law &wkey;sl020—No appeal lies to Supreme Court In misdemeanor oases except where line exceeding $300 or imprisonment exceeding six months is actually imposed.

Under Const.' 1921, art. 7, § 10, no appeal lies to Supreme Court in misdemeanor cases except where fine .exceeding $300 or imprisonment exceeding six months is actually imposed.

2. Criminal law <&wkey; 1020—Appeal based on statute whose extreme penalty was fine of $50 or imprisonment not exceeding 30 days held not to lie to Supreme Court.

After conviction for use of indecent language in public place, under Act No. 31 of 1886, prescribing as extreme penalty fine of $50 or imprisonment not exceeding 30 days in default of payment of fine, appeal from ruling sustaining motion in arrest of judgment does not lie to Supreme Court, in view of Const. 1921, art. 7, § 10, limiting appeal in misdemeanor cases.

Appeal from Seventeenth Judicial District Court, Parish of Lafourche; Robert B. Butler, Judge.

Wiltz Zeringue was convicted of using vulgar, obscene, and indecent language in and. near a public place in manner calculated to disturb and alarm the inhabitants thereof, and the district attorney appeals from a ruling sustaining a motion in arrest of judgment.

Appeal dismissed.

Percy Saint, Atty. Gen., and J. A. O. Coignet, Dist. Atty., of Thibodaux (E. R. Schowalter, Asst. Atty. Gen., of counsel), for the State.

Howell, Wortham & Bourg, of Lockport, for appellee.

BRUNOT, J.

The defendant was charged with using vulgar, obscene, and indecent language in and near a public place in a manner calculated to disturb and alarm the inhabitants thereof. He was tried and convicted, but from a ruling sustaining a motion in arrest of judgment the district attorney appealed. The defendant has moved to dismiss the appeal.

The prosecution is by information. It charges a violation of one of the several offenses'’denounced by Act 31 of 1886, the pertinent part of the penal clause of which is as follows:

> “* * * Shall be fined upon conviction thereof before any court of competent juris*193diction not more than fifty dollars, and in default of payment thereof, shall be sentenced to not less than ten nor more than thirty days’ imprisonment.”

[1] No appeal lies to this court in misdemeanor cases except where a fine exceeding $300 or imprisonment exceeding six months is actually imposed.

> “The appellate jurisdiction of the Supreme Court shall also extend to criminal cases on questions of law alone, whenever the penalty of death, or imprisonment at hard labor may be imposed; or where a fine exceeding three hundred dollars or imprisonment exceeding six months has been actually imposed.” Article 7, § 10, Constitution of 1921.

[2] In the case before us the extreme penalty prescribed by Act 31 of 1886 for a violation of its provisions is a fine of $50, or imprisonment not exceeding 30 days in default of the payment of the fine.

It is apparent that this court cannot entertain jurisdiction of this appeal. The appeal is therefore dismissed.
Jennifer Van BERGEN, Appellant, v. KOPPEL, Scott T., DPM, Appellee.

No. 1D18-2991

District Court of Appeal of Florida, First District.

September 18, 2018

Jennifer Van Bergen, pro se, Appellant.

Joseph E. Brooks and Jami M. Kimbrell of Brooks Law, Tallahassee, for Appellee.

Per Curiam.

*1287DISMISSED . *Snelson v. Snelson* , 440 So.2d 477 (Fla. 5th DCA 1983).

Makar, Osterhaus, and M.K. Thomas, JJ., concur.
John J. WILSON, Jr., Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),

CASE NO.: 3D18-1042

District Court of Appeal of Florida, Third District.

MAY 24, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
Christopher Wayne GAY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-1519

District Court of Appeal of Florida, Fifth District.

Decision filed August 28, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 22-1192

___________________________ Nigeria Lee Harvey, lllllllllllllllllllll Plaintiff - Appellant ,

v. Minnesota Department of Correction; Paul Schnell, Commissioner; Michelle Smith, Deputy Commissioner; Guy Bosch, Warden of the Minnesota Stillwater Correctional Facility; Lisa Stenseth, Associate Warden of Administration; Victor Wanchena, Associate Warden of Administration; Andrew Reed, Program Director; Brianna Erickson, 2nd Watch Commander; Marisa Williams, 3rd Watch Commander; Monica Arons, RN Supervisor; Lynn Noll, Health Services Director; Nanette Larson, Director of Nursing; Tina Sneen, Director of Nursing; Centurion of Minnesota, L.L.C., lllllllllllllllllllll Defendants - Appellees
.

____________ Appeal from United States District Court for the District of Minnesota

____________ Submitted: May 17, 2022 Filed: June 6, 2022 [Unpublished]

____________ Before COLLOTON, GRUENDER, and BENTON, Circuit Judges.

____________PER CURIAM.

Minnesota inmate Nigeria Harvey appeals a decision of the district court 1 dismissing his action under 42 U.S.C. § 1983 for failure to exhaust administrative remedies. Upon careful review, we conclude that dismissal was proper. See 42 U.S.C. § 1997e(a); Johnson v. Jones , 340 F.3d 624, 627 (8th Cir. 2003). Specifically, Harvey failed to comply with the Minnesota Department of Corrections grievance procedure by sending a letter directly to its Central Office without first sending a kite to the appropriate staff person at the prison and filing a formal grievance with the facility’s grievance coordinator. See Burns v. Eaton , 752 F.3d 1136, 1141 (8th Cir. 2014). He also did not show that his administrative remedies were unavailable. See Ross v. Blake , 136 S. Ct. 1850, 1859-60 (2016); Gibson v. Weber , 431 F.3d 339, 341 (8th Cir. 2005). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

1 The Honorable Wilhelmina M. Wright, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable John F. Docherty, United States Magistrate Judge for the District of Minnesota. -2-
Jerry THOMAS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-2645

District Court of Appeal of Florida, Second District.

July 31, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
**Exhibit 31.2**

 

**SECTION 302CERTIFICATION**

 

I, Cameron Mackenzie, certify that:

 

1.                                       Ihave reviewed this quarterly report on Form 10-Q of VIA NET.WORKS, Inc.(“VIA”);

 

2.                                       Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.                                       Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.                                       VIA’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for VIA and 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 VIA, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period inwhich this quarterly report is being prepared;

 

b)                                     evaluated the effectiveness of VIA’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and

 

c)                                      disclosed in this report any change in VIA’s internalcontrol over financial reporting (as defined in Exchange Act Rules 13a-15(f) and15d-15(f)) that occurred during VIA’s most recent fiscal quarter  that has materially affected, or isreasonably likely to materially affect, VIA’s internal control over financialreporting.

 

5.                                       VIA’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to VIA’s auditors andthe audit committee of VIA’s board of directors:

 

a)                                      allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which arereasonably likely to adversely affect VIA’s ability to record, process,summarize and report financial information; and

 

b)                                     any fraud, whether or not material, that involves managementor other employees who have a significant role in VIA’s internal control overfinancial reporting.

 

 
| Date:  May 20, 2005 |
|--------------------------|
| /S/ CAMERON MACKENZIE    |   |
| Cameron Mackenzie        |
| Chief Financial Officer  |

 

----
Exhibit 32.2

Certification of Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 (18 U.S.C. Section 1350)

In connection with the Quarterly Report on Form 10-Q/A for the quarter ended September 30, 2008 (the
Report) of UTEK Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Carole R. Wright, 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/ Carole R. Wright  
|Name: Carole R. Wright
|Date: May 7, 2009
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 quarterly report of 649.com Inc. on form 10-QSB for the
period ended March 31, 2005 as filed with the Securities and Exchange Commission
on the date hereof (the "Report"), I, Cary Martin, Secretary and Treasurer 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:

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

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



May 10, 2005                               /s/ Cary Martin
-------------------------------------     --------------------------------------
(Date)                                     Cary Martin
                                           Secretary / Treasurer, Director
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 18-1171

___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Gustavo Gutierrez Hernandez, also known as Gustavo Hernandez Gutierrez, also

known as Gustavo Hernandez-Gutierrez

lllllllllllllllllllllDefendant - Appellant

____________

Appeal from United States District Court 

for the Southern District of Iowa - Davenport

____________

Submitted: November 5, 2018

 Filed: November 13, 2018

[Unpublished]

____________

Before LOKEN, BENTON, and SHEPHERD, Circuit Judges. 

____________

PER CURIAM.
Gustavo Gutierrez Hernandez directly appeals the sentence the district court1

imposed after he pleaded guilty to a drug offense. His counsel has moved to

withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967),

challenging the sentence as substantively unreasonable.

After careful review, we conclude that the district court did not impose an

unreasonable sentence, as there was no indication that it overlooked a relevant 18

U.S.C. § 3553(a) factor, or committed a clear error of judgment in weighing relevant

factors, see United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013)

(standard of review); and the sentence was below the Guidelines range, see United

States v. Torres-Ojeda, 829 F.3d 1027, 1030 (8th Cir. 2016). Having independently

reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no

nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion and affirm.

______________________________

The HonorableRebecca Ebinger, United StatesDistrictJudge for the Southern 1

District of Iowa.

-2-
# • RCRA REVISION CHECKUST 44 G

Post-Closure Permits

FEDERAL REQUIREMENT FEDERAL RCRA CITATION . ANALOGOUS STATE CITATION STATE ANALOG IS: MORE BROADEQUIV- STRIN- ER IN ALENT GENT SCOPE

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM

SUBPART A - GENERAL INFORMATION



# • PURPOSE AND SCOPE OF THESE REGULATIONS post-elosure permits 270.1 (c) 802(2) 

### & 806(4)(a)(xiii) X closure by removalj decontamination 270.1(c)(5) 800(9) 

### X determination following Part B application submittal 270.1(c)(5)(i) 800(9) (a) X 

## t petition if Part B application not submitted 270.1(c)(5)(ii) 800(9)(b) 

### X 

## t what petition data must demonstrate 270.1(c)(5)(iiHA) 800(9)(b)(i) 

### X 

## t RA approval/ denial 270.1(c)(5)(ii)(B) 800(9)(b)(ii) 

### X proceduresfor equivalency determination 270.1 (c)(6)(j) 800(10) (a) X procedure if determination finds equivalency is not met 270.1 (c)(6)(ii) 800(10) (b) 

### X requirements if 264 closure standards
are not met 270.1(c)(6)(iii) 800(10)(c) 

### X



# •

December 1, 1987 - Page 8 of 8
Dominique J. WILSON, Appellant, v. STATE of Florida, Appellee.

No. 1D17-3169

District Court of Appeal of Florida, First District.

August 31, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
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 ATNG Inc., a Nevada corporation
(the  "Company"),  on  Form  10-QSB  for the period ended September 30, 2003, as
filed  with  the  Securities  and  Exchange  Commission  on the date hereof (the
"Report"),  I,  Robert Simpson, 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  result of operations of the
Company.


                                       By  /s/ Robert Simpson
                                         ---------------------------------------
                                         Robert Simpson,
                                         Chief Executive Officer of
                                         ATNG Inc.
                                         November 11, 2003


<PAGE>
Miguel HERNANDEZ, Appellant, v. STATE of Florida, Appellee.

No. 4D18-0843

District Court of Appeal of Florida, Fourth District.

[June 28, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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Exhibit 99.1
                                 ------------

                                      11
<PAGE>

COUNTRYWIDE HOME LOANS SERVICING, LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWMBS, INC.
                        ALTERNATIVE LOAN TRUST 2001-11
              MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-26


         The undersigned do hereby certify that they are each an officer of
Countrywide Home Loans Servicing, LP (the "Master Servicer") and do hereby
further certify pursuant to Section 3.16 of the Pooling and Servicing
Agreement for the above-captioned Series (the "Agreement") that:

         (i)  A review of the activities of the Master Servicer during the
         preceding calendar year and of the performance of the Master Servicer
         under the Agreement has been made under our supervision; and

         (ii) To the best of our knowledge, based on such review, the Master
         Servicer has fulfilled all its obligations under the Agreement
         throughout such year.




/s/ Thomas K. McLaughlin                             Dated: March 25, 2002

THOMAS K. MCLAUGHLIN
MANAGING DIRECTOR AND CHIEF FINANCIAL OFFICER



/s/ David A. Spector                                 Dated: March 25, 2002

DAVID A. SPECTOR
MANAGING DIRECTOR



                                      12
I 

114TH CONGRESS 

2D SESSION H. R. 5468 

To direct the Secretary of the Interior to allow for prepayment of repayment 

obligations under Repayment Contracts between the United States and 

the Weber Basin Water Conservancy District. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2016 

Mr. BISHOP of Utah introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To direct the Secretary of the Interior to allow for prepayment of repayment obligations under Repayment Contracts between the United States and the Weber Basin 

Water Conservancy District. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PREPAYMENT OF CERTAIN REPAYMENT OBLI4 GATIONS UNDER CONTRACTS BETWEEN THE 

5 UNITED STATES AND THE WEBER BASIN 

6 WATER CONSERVANCY DISTRICT. 

7 The Secretary of the Interior shall allow for prepay8 ment of repayment obligations under Repayment Contract 


smartinez on DSK3GLQ082PROD with BILLS
2 

•HR 5468 IH

1 No. 14–06–400–33 between the United States and the 

2 Weber Basin Water Conservancy District, dated Decem3 ber 12, 1952, and supplemented and amended on June 

4 30, 1961, on April 15, 1966, on September 20, 1968, and 

5 on May 9, 1985, including future amendments and all re6 lated applicable contracts thereto, providing for repayment 

7 of Weber Basin Project construction costs allocated to irri8 gation and municipal and industrial purposes for which 

9 repayment is provided pursuant to such contracts under 

10 terms and conditions similar to those used in imple11 menting the prepayment provisions in section 210 of the 

12 Central Utah Project Completion Act (Public Law 102– 

13 575), as amended, for prepayment of Central Utah 

14 Project, Bonneville Unit repayment obligations. The pre15 payment— 

16 (1) shall result in the United States recovering 

17 the net present value of all repayment streams that 

18 would have been payable to the United States if this 

19 Act was not in effect; 

20 (2) may be provided in several installments; 

21 (3) may not be adjusted on the basis of the 

22 type of prepayment financing used by the District; 

23 and 


smartinez on DSK3GLQ082PROD with BILLS
3 

•HR 5468 IH

1 (4) shall be made such that total repayment is 

2 made not later than September 30, 2026. 

Æ 


smartinez on DSK3GLQ082PROD with BILLS
Daryl Wayne MOLLETT, Appellant, v. STATE of Florida, Appellee.

No. 1D17-1726

District Court of Appeal of Florida, First District.

August 7, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
James CUMMINGS, DOC# Y09068, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3246

District Court of Appeal of Florida, Second District.

Opinion filed April 25, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.