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

No. 17

- 11177 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
JORGE RUELAS

- MARTINEZ , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17

- CR

- 101

- 1

Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges. PER CURIAM: * Jorge Ruelas

- Martinez appeals the 66

- month , below

- guidelines prison term imposed following his guilty plea conviction for ill egally reentering the United States after removal. Raising one issue, Ruelas

- Martinez argues that his indictment did not allege a conviction occurring b efore his removal and that, for this reason, his prison term, imposed under 8 U.S.C. § 1326(b) , was in excess of the statutory maximum permitted under § 1326(a) and violated his

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 September 12, 2018 Lyle W. Cayce Clerk Case: 17-11177 Document: 00514638970 Page: 1 Date Filed: 09/12/2018No. 17

- 11177

2 due process rights. The Government has filed an unopposed motion for

summary affirmance and, alternatively, seeks an extension of time to file its brief. As the Government argues and as Ruelas

- Martinez concedes, the only issue raised on appeal is foreclosed by Almendarez

- Torres v. United States , 523 U.S. 224 (1998). See United St ates v. Wallace , 759 F.3d 486, 497 (5th Cir. 2014); United States v. Pineda

- Arrellano , 492 F.3d 624, 625

- 26 (5th Cir. 2007). Because the issue is foreclosed, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5t h Cir. 1969). Accordingly, the Government’s unopposed motion for summary affirmance is GRANTED, and the judgment is AFFIRMED. The Government’s alternative motion for an extension of time to file its brief is DENIED. Case: 17-11177 Document: 00514638970 Page: 2 Date Filed: 09/12/2018
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                           5,991
<SECURITIES>                                       918
<RECEIVABLES>                                    2,027
<ALLOWANCES>                                        50
<INVENTORY>                                      2,555
<CURRENT-ASSETS>                                12,447
<PP&E>                                           1,726
<DEPRECIATION>                                   2,742
<TOTAL-ASSETS>                                  14,399
<CURRENT-LIABILITIES>                            6,695
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          1
<COMMON>                                             0
<OTHER-SE>                                       6,264
<TOTAL-LIABILITY-AND-EQUITY>                    14,399
<SALES>                                          7,627
<TOTAL-REVENUES>                                 7,627
<CGS>                                            3,263
<TOTAL-COSTS>                                    3,263
<OTHER-EXPENSES>                                 2,511
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 340
<INCOME-PRETAX>                                (4,732)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (4,732)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,732)
<EPS-BASIC>                                     (1.89)
<EPS-DILUTED>                                   (1.89)


</TABLE>
ex10-1a.htm


Exhibit 10.1A

 

FIRST AMENDMENT TO REAL ESTATE SALES AGREEMENT

 

 

THIS FIRST AMENDMENT TO REAL ESTATE SALES AGREEMENT (“First Amendment”) is made effective as of June 26, 2017, by and between 280 ASSOCIATES, L.L.C., an Alabama limited liability company (the “Seller”), and NATIONAL BANK OF COMMERCE, a national banking association (the “Buyer”). 

 

RECITALS

 

WHEREAS, the Seller and the Buyer entered into a Real Estate Sales Agreement dated as of May 3, 2017 (the “Agreement”); and

 

WHEREAS, the Seller and the Buyer have agreed to amend the Agreement pursuant to the terms and conditions contained herein.

 

NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Seller and the Buyer hereby agree as follows intending to be legally bound:

 

1.     The above Recitals are hereby incorporated herein by reference. 

 

2.     Capitalized terms that are not expressly defined herein shall have the same meanings ascribed to such terms as in the Agreement.

 

3.     Purchaser Price. Section 1.2 is hereby amended to replace the phrase “Fourteen Million and No/100 Dollars ($14,000,000)” with the phrase “Thirteen Million Seven Hundred Fifty Thousand and No/100 Dollars ($13,750,000).”

 

4.     Estoppel Certificates. Section 3.5 is hereby amended to provide that the estoppel certificates described therein (the “Estoppel Certificates”) shall be delivered by Seller to Buyer no later than July 10, 2017. In the event the Estoppel Certificates are not delivered to Buyer on or before such date, or in the event that the Estoppel Certificates delivered to Buyer are unacceptable to Buyer, Buyer shall have the right to terminate the Agreement by written notice to Seller on or before such date, and in such event the Title Company shall promptly refund the Earnest Money to Buyer and neither party shall have any further obligations to the other under the Agreement.

 

5.     Except as amended and modified herein, all of the terms and conditions of the Agreement shall remain in full force and effect.

 

[Remainder of page intentionally left blank]

 


 

 




 


 

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first written above.

 

 

	
WITNESS:
	 	
SELLER:

	  	 	  	  
	 	 	 	 
	  	 	
280 ASSOCIATES, L.L.C.

	  	 	  	  
	 	 	 	 
	  	 	
By: 
	
/s/ Robert A. Schleusner

	  	 	
Name:
	
Robert A. Schleusner

	  	 	
Title: 
	
Manager

	  	 	  	  
	 	 	 	 
	  	 	  	  
	  	 	
BUYER: 

	  	 	  	  
	 	 	 	 
	
/s/ Cindy Payton
	 	
NATIONAL BANK OF COMMERCE

	  	 	  	  
	 	 	 	 
	  	 	
By: 
	
/s/ John R. Bragg

	  	 	
Name: 
	
John R. Bragg

	  	 	
Title: 
	
Executive Vice President



 

 

2
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SCWC

- 16

- 0000351

IN THE SUPREME COURT OF THE STATE OF HAWAI  I

________________________________________________________________

JOHN DOE, Petitioner/Appellant

- Appellant,

vs.

ATTORN EY GENERAL, CLARE E. CONNORS,

Respondent/Appellee

- Appellee.

________________________________________________________________

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP

- 16

- 0000351; CIV. NO. 15

- 1

- 2158 )

ORDER ACCEP TING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Petitioner/Appellant

- Appellant John Doe ’s application

for writ of certiorari filed on July 5, 2019 , is hereby

accep ted.

IT IS FURTHER ORDERED, that no oral argument will be

heard in this case. Any party may, within ten days and pursuant

to Rule 34(c) of the Hawai  i Rules of Appellate Procedure, move

for retention of oral argument.

DATED: Honolulu, Hawai  i, August 29, 2019

.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson Electronically Filed

Supreme Court

SCWC-16-0000351

29-AUG-2019

10:01 AM
Victor MAY, Appellant(s)/Petitioner(s), v. Sandra NOVOA, et al., Appellee(s)/Respondent(s),

CASE NO.: 3D18-1133

District Court of Appeal of Florida, Third District.

JULY 3, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Donnis T. FOSTER, DOC #075819, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-256

District Court of Appeal of Florida, Second District.

Opinion filed July 27, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
EXHIBIT 32.1



CERTIFICATION
PURSUANT TO

18
U.S.C. SECTION 1350AS ADOPTED PURSUANT TO



SECTION 906 OF THE SARBANES-OXLEY
ACT OF 2002

In
connection with the Report of DynaResource, Inc. on Form 10-Q for the period ended  September 30, 2015 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, in the capacities and on the
dates indicated below, hereby certifies 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 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 results of operation
of the Company.





|/s/
        K.W. (“K.D.”) DIEPHOLZ
        K.W. (“K.D.”)
        Diepholz
        Chairman of the Board
        of Directors
        Dated: November
        15, 2015
        /s/ K.W. (“K.D.”)
        DIEPHOLZ
        K.W. (“K.D.”)
        Diepholz
        Chief Executive Officer
        Dated: November 15,
        2015
        
        
        /s/ DAVID S. HALL
        David S. Hall
        Chief Financial Officer
        Dated: November 15,
        2015
        
        
        /s/ DAVID S. HALL
        David S. Hall
        Principal Accounting
        Officer
        Dated: November 15,
        2015
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



This
certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent
required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange
Act of 1934, as amended.
##### 



Exhibit 32.1
 CERTIFICATION OF CEO PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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 Trust.
  By:
    
    /s/ DAVIS A. VANASKEY, JR.Name:
    
    David A. Vanaskey, Jr.Title:
    
    Vice President WilmingtonTrust Company
##### 



Exhibit 99.1

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

In connection
 with the Quarterly Report of OZ Communications, Inc. (the Company) on
 Form 10-QSB for the period ending September 30, 2002 as filed with the Securities
 Exchange Commission on the date hereof (the Report), I, Skúli Mogensen,
 Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
 adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



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




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




| | /S/ SKÚLI MOGENSEN
Skúli MogensenChief Executive Officer
November 13, 2002
| | --------------------------------------------------------------------------
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xml version="1.0" encoding="UTF-8"?


C\_2020398EN.01003201.xml


| | | | |
| --- | --- | --- | --- |
| 23.11.2020 | EN | Official Journal of the European Union | C 398/32 |

---

Corrigendum to Notice of initiation of an anti-dumping proceeding concerning imports of aluminium converter foil originating in the People’s Republic of China

(
[Official Journal of the European Union C 352 I of 22 October 2020](http://publications.europa.eu/resource/oj/JOC_2020_352_I_TOC)
)

(2020/C 398/19)

On page 1, under point 1, Complaint, paragraph 1 shall read as follows:

‘The complaint was lodged on 7 September 2020 by six Union producers (‘the complainants’), representing more than 50 % of the total Union production of aluminium converter foil.’

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---

EXHIBIT 13.2

CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States
  Code) I, Kim Evans, CFO of PMI Ventures Ltd. (the "Company") hereby certify,
  to my knowledge, that:

The Company's Amended Annual Report on Form 20-F for the year
  ended December 31, 2003 ("Report") fully complies with the requirements of section
  13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained
  in the Report fairly presents, in all material respects, the financial condition
  and results of the operations of the Company.

/s/ Kim Evans
  Name: Kim Evans Title: CFO

Date: September 22, 2004

The foregoing certification is being furnished solely pursuant
  to section 906 of the Sarbanes-Oxley Act of 2002 (subsection (a) and (b) of
  section 1350, chapter 63 of title 18, United States Code) and is not being filed
  as part of the Report or as a separate disclosure document.

---
STATE EX REL. Brian K. MOSBY v. STATE of Louisiana

NO. 2018-KH-0030

Supreme Court of Louisiana.

November 5, 2018

Denied.
**Exhibit 32.1**

 

## **CERTIFICATE PURSUANT TO 18 U.S.C. SECTION 1350,**

## **AS ADOPTED PURSUANT TO SECTION 906 OF THE**

## **SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of GlobalSCAPE, Inc. on Form 10-Q/A for the periodending March 31, 2008 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), I, David L. Mann, President, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of 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 GlobalSCAPE, Inc. |

 

 
| /s/ David L. Mann    |   |
|----------------------|--------|
| David L. Mann        |   |
| President            |   |
| August 28, 2008 |   |

 

----
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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-41024

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

GUADALUPE REYNA-MEDINA, also known as Reyna Guadalupe ZunigaRamirez

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:08-CR-384-1

Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Guadalupe Reyna-Medina has moved

for leave to withdraw and has filed a brief in accordance with Anders v.

California, 386 U.S. 738 (1967). Reyna-Medina 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

United States Court of Appeals

Fifth Circuit

F I L E D

April 30, 2009

Charles R. Fulbruge III

Clerk
No. 08-41024

2

GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.