alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
First Amendment to the Non-Compete and Confidentiality



 Exhibit 10.3 
  
 March 3, 2004 Via Hand Delivery 
  
 Dr. H. Reg. McDaniel 
  

	RE:	First Amendment to the Confidentiality and Non-Compete Agreement dated February 1, 2004 

  
 Dear Dr. Reg, 
  
 We have been requested by our auditors to confirm our mutual understanding regarding the term of your Confidentiality and Non-Compete
Agreement dated February 1,2004, which is subject to renewal on an annual basis. The Confidentiality and Non-Compete Agreement will remain in full force and effect with the addition of this paragraph 13: 
  
 13. Term. 
 This Agreement commences on February I, 2004, subject to the terms and conditions of this Agreement and continues in full force and effect for one (1)
year and will expire on January 31, 2005 (“Initial Term”). Mannatech has the option to renew this Agreement for a further one (1) year term on the same terms and conditions, such option to be exercisable by notice in writing by Mannatech
given not less than one (1) month prior to the expiration of the Initial Term. 
  
 Please execute and return an original of this letter promptly. You should add your copy to your existing agreement. 
  
 Very truly yours. 
  
 /s/ Sam Caster 
 Sam Caster 
 Chairman and CEO 
 Mannatech, Inc. 
  
 ACCEPTED AND AGREED 
  
 /s/ H.Reginald McDaniel 
 H. Reginald McDaniel
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 28, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-10999 Conference Calendar

ROSALINDA MIRANDA, Petitioner-Appellant,

versus GINNY VAN BUREN, Warden, Federal Medical Center, Carswell, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas

USDC No. 4:05-CV-421

-------------------- Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM: * Rosalinda Miranda, federal prisoner # 79975-079, appeals the dismissal of her 28 U.S.C. § 2241 petition, which challenged her 1998 drug conspiracy conviction and sentence. She challenged her conviction and sentence pursuant to United States v. Booker , 543 U.S. 220 (2005). Because Miranda challenged errors that occurred at or before sentencing, her claim could not be asserted in a § 2241 petition.
See Tolliver v. Dobre , 211 F.3d 876, 877 (5th Cir. 2000).No. 05-10999 -2- Moreover, her Booker claim may not proceed under the savings clause of 28 U.S.C. § 2255. See Padilla v. United States , 416 F.3d 424, 426-27 (5th Cir. 2005). Accordingly, the district court’s dismissal of Miranda’s § 2241 petition is AFFIRMED.
**Exhibit 99.2**

 

**CERTIFICATIONPURSUANT TO**

**18 U.S.C SECTION1350,**

**AS ADOPTED PURSUANTTO**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Advanced Power Technology, Inc. (the “Company”) on Form10-Q for the period ending June 30, 2002 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Greg Haugen, VicePresident, Finance and Administration, Chief Financial Officer and Secretary(Principal Financial Officer) of the Company, certify, pursuant to 18 U.S.CSection 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that:

 

(1)                                  TheReport fully complies with the requirements of section 13(a) and 15(d) of theSecurities Exchange Act of 1934; and

 

(2)                                  Theinformation contained in the Report fairly represents, in all materialrespects, the financial condition and results of operations of the Company.

 
|   |   |   | Advanced  Power Technology, Inc.             |
|--------|--------|--------|----------------------------------------------|
|   |   |   |                                         |
|   |   |   | By: /s/ GREG  HAUGEN                         |   |
|   |   |   | Vice  President, Finance and Administration, |
|   |   |   | Chief  Financial Officer and Secretary       |
|   |   |   | (Principal  Financial Officer)               |
|   |   |   | August 14,  2002                             |

 

19

----
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OFFICE OF THE ATTORNEY GENERAL OF **TEXAS** AUSTIN -Ur. 1. **?redeckl** CountyAuditoz Ollrorton,Psxar
Jatr 6W the Tin 18arlt.r Under the temu at Seatlon 6X0, 15 II. S. C. A., the real Plwp~rty of bdfuwe ?Lant QoYpontliYn10 rubjectto State aad aaunt-f ~3 alarem turtiar. X.W., **the** builaia$g

in quoatlenwuuld be tuabla by the oatoltr and State, an a part of the land on vhich it ir dtuated. II Its erectionhar enhawed the tslue of the

## b. 1. rredaeki - rage2

.
----

EXHIBIT 32.2 

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

In connection with the quarterly report of AlphaRx, Inc. on Form 10-QSB-A forthe period ending December 31, 2004 as filed with the Securities and ExchangeCommission on the date hereof, Marcel Urbanc, as chief financial officer of AlphaRx, Inc., do hereby certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best ofhis knowledge: 

- This 10-QSB-A report fully complies with the requirements of Section 13(a)  of the Exchange Act; and    
- The information contained in this 10-QSB-A report fairly presents, in all  material respects, the financial condition and result of operations of AlphaRx,  Inc. 

/s/ Marcel Urbanc Marcel Urbanc Chief Financial Officer May 18, 2005****

----
<PAGE>

                                                                    Exhibit 32.1

         WRITTEN STATEMENT OF THE PRESIDENT AND CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

      Solely for the purposes of complying with 18 U.S.C. Section 1350, I, the
undersigned President and Chief Executive Officer of LaCrosse Footwear Inc. (the
"Company"), hereby certify, based on my knowledge, that the Annual Report on
Form 10-K of the Company for year ended December 31, 2005 (the "Report") fully
complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934 and that information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Date:  March 9, 2006

/s/ Joseph P. Schneider
--------------------------------------
Joseph P. Schneider
**EXHIBIT 31.1**

 

**CERTIFICATIONPURSUANT TORULE 13a-14(a)/15d-14(a)AS ADOPTED PURSUANT TOSECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

 

I, Paul F.McConnell, certify that:

 

1.                                       Ihave reviewed this annual report on Form 10-K of Curative Health Services, Inc.;

 

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.

 
| Date:                    April 26,  2006 |                    |
|----------------------------------------------------------------------------------------------------------------------------------------------|-------------------------|
|                                                                                                                                         |                    |
|                                                                                                                                         | /s/ Paul F. McConnell   |   |
|                                                                                                                                         | Paul F. McConnell       |
|                                                                                                                                         | Chief Executive Officer |

 

----
EXHIBIT
31.2
 
 Certification
Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
 
 I, Thomas
Hagen certify that:
 
 1.   I
have reviewed this annual report for the fiscal year ended December 31, 2007 on
Form 10-KSB of Patient Portal Technologies, Inc.;
 
 2.   Based
on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading
with respect to the period covered by this report;
 
 3.   Based
on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and
for, the periods presented in this report;
 
 4.   The
registrant's other certifying officer(s) and I are responsible for establishing
and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 
 a)   Designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this report is being prepared;
 
 b)   Evaluated
the effectiveness of the registrant's disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures as of the end of the period covered by this
report based on such evaluation; and
 
 c)   Disclosed
in this report any change in the registrant's internal control over financial
reporting that occurred during the registrant's most recent fiscal quarter (the
registrant's fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the
registrant's internal control over financial reporting; and
 
 5.   The
registrant's other certifying officer(s) and I have disclosed, based on our most
recent evaluation of the internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):
 
 a)   All
significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to
adversely affect the registrant's ability to record, process, summarize and
report financial information; and
 
 b)   Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant's internal control over financial
reporting.
 
 Date:  July
21, 2008
 
 /S/
Thomas
Hagan
 Thomas
Hagan
 Acting
Chief Financial Officer
 (Principal
Financial Officer)
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1 In The



### Court of Appeals

Ninth District of Texas at Beaumont

____________________
NO

. 0 9

- 1 1

- 00 444

- C R



### ____________________

TERRI LEANN DRONET , Appellant

V.

THE STATE OF TEXAS , Appellee

________________________________________ _______________ ______________

On A ppeal from the 75th District Court Liberty County, Texas Trial Cause No

. CR26673

________________________________________ ________________ _____________

ORDER

In this appeal Terri Leann Dronet has challenged the voluntariness of her

confession. On submission of the appeal, it became apparent that the judge who

heard the motion to suppress did not make findings of fact and conclusions of law.

See Tex. Code Crim. Proc. Ann. art. 38.22, § 6 (West 2005). T he judge who heard

th e motion to suppress subsequently died. O n February 28, 2013, we abated the

appeal and remanded the case to the trial court for further proceedings relating to a

determination of the voluntarine ss of the appellant’s confession. See Tex. R. App.2

P. 44.4. Our Order of February 28, 2013 authorized the trial court to conduct a

new suppression hearing at the appellant’s request, but evidently the trial court was

not aware that the appellant desired to have the trial court conduct a new

suppression he aring when the trial court made written findings based on the record

of the previous hearing. The appellant has requested a new hearing before the new

judge. See Garcia v. State

, 15 S.W.3d 533, 53 5

- 37 (Tex. Crim. App. 2000).

It is, therefore ORDERED th at the appeal is abated and the case is remanded

to the trial court for a new suppression hearing. The trial court shall make findings

of fact and conclusions of law. See Tex. Code. Crim. Proc. Ann. art. 38.22, § 6. A

supplemental clerk’s record

, containin g t he trial court’s findings of fact and

conclusions of law , together with a supplemental reporter’s record of the hearing

conducted by the trial court, sha ll be filed with the Court of Appeals by June 10

,

2013

. The appeal will be reinstated without furthe r order of the Court when the

supplemental record is filed.

The appellant may address the trial court’s findings in a supplemental brief,

which must be filed within thirty days after the supplemental record is filed. If the

appellant files a supplemental brief, the State may file a supplemental brief in

response, due thirty days after the appellan t files her supplemental brief.3

ORDER ENTERED May 2 , 2013.

PER CURIAM

Before Gaultney, Kreger, and Horton, JJ.
H. Res. 361 

In the House of Representatives, U. S., 

September 28, 2013. 

Resolved, That the requirement of clause 6(a) of rule 

XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House 

is waived with respect to any resolution reported through the 

legislative day of September 30, 2013, relating to any of the 

following: (1) A measure making continuing appropriations 

for the fiscal year ending September 30, 2014. (2) A measure 

relating to the public debt limit. 

SEC. 2. Upon adoption of this resolution, the House 

hereby: (1) takes from the Speaker’s table the bill (H.R. 

2642) to provide for the reform and continuation of agricultural and other programs of the Department of Agriculture 

through fiscal year 2018, and for other purposes, with the 

Senate amendment thereto; and (2) concurs in the Senate 

amendment with an amendment substituting for the matter 

proposed to be inserted by the Senate amendment the text of 

H.R. 2642, as passed by the House, modified by the insertion 

of a new title IV consisting of the text of H.R. 3102, as 
2 

•HRES 361 EH 

passed by the House, with designations, short titles, and 

cross-references conformed accordingly. 

Attest: 

Clerk.
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### I N THE UNI TED STATES COURT OF APPEALS FOR THE FI F TH CI RCUI T

No. 12-60820 Summary Calendar
MICHAEL THERONE ANDERSON, Plaintiff-Appellant

v. OFFICER STEVE WELLS; MARQUETTE WELLS, Defendants-Appellees

A ppeal from the United States District Court f or the Southern District of Mississippi USDC No. 3:09-CV-599
Before BENAVIDES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * Michael T herone Anderson, Mississippi prisoner # 17634, appeals the dismissal of hi s 42 U .S.C. § 1983 complaint, which alleged t hat his c ivil rights

w e r e violated with respect to his arrest f or the state c harges then pendin g against him. On May 16, 2013, this cour t granted the motion b y two of the defendants-appellees, Eric Smith and Kimberly Brown, to dismiss the appeal. With r espect to t he remainder of Anderson’s a ppeal, we affirm the judgment, as Anderson has failed to adequately brief the arguments h e wishes U n i t e d S t a te s C o u r t o f A p p e al s

F i f t h C i rc u i t 

### F I L E D October 21, 2013 Ly l e W . Cay ce Clerk

* Purs uant to 5 T H C I R
. R

. 47. 5, the court has d eterm ined that this op inion should not be p ublis hed and is not p reced ent excep t und er the lim ited circum s tances s et forth in 5 T H C I R
. R. 47. 5. 4. Case: 12-60820 Document: 00512414734 Page: 1 Date Filed: 10/21/2013No. 12-60820

to r a ise on appeal. S e e Yohey v . Collins , 985 F.2d 222, 225 (5th Cir. 1993) (recognizing that even pro se litigants must brief arguments in order to preserve them). AFFIRMED.

2 Case: 12-60820 Document: 00512414734 Page: 2 Date Filed: 10/21/2013