alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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. 00-40970

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GUSTAVO GONZALEZ-GUERRERO,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-00-CR-334-1

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

June 15, 2001

Before WIENER, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Gustavo Gonzalez-Guerrero (“Gonzalez”) appeals his

conviction for illegal reentry after deportation, pursuant to

8 U.S.C. § 1326. He contends that the district court erred in

denying his motion to suppress the evidence of his prior

deportation, in which he argued that his prior deportation

proceedings violated his right to due process. He also contends

that his sentence should be vacated because the Government did

not allege his prior felony conviction in the indictment.
No. 00-40970

-2-

Gonzalez concedes that the issues raised in this appeal are

foreclosed by this court’s decision in United States v. BenitezVillafuerte, 186 F.3d 651, 657-58 (5th Cir. 1999), cert denied,

528 U.S. 1097 (2000), and the Supreme Court’s decision in

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998), and

that he raises the issues solely to preserve them for review by

the Supreme Court. This court affirms the judgment of the

district court.

AFFIRMED.
EXHIBIT
10.2


 


MODIFICATION OF
LOAN AND SECURITY AGREEMENT


 


 


WHEREAS this agreement is
in reference to a loan which is evidenced by an instrument entitled LOAN AND
SECURITY AGREEMENT (“AGREEMENT”), dated February 20, 2001, executed by and
between LEE PHARMACEUTICALS as “BORROWER” AND PREFERRED BUSINESS CREDIT, INC.
(“PBC”), as “LENDER.”


 


NOW THEREFORE, it is
agreed by the undersigned parties that the AGREEMENT shall be amended in the
following respect:


 


In Section 2.8 of the
Agreement, . This Agreement shall become effective upon acceptance by PBC and
shall continue in full force and effect for a term ending one year from the
date of this Agreement (the “Renewal Date”) and shall be automatically renewed
for successive one (1) year periods thereafter, unless sooner terminated
pursuant to terms hereof.  Either party
may terminate this Agreement on the Renewal Date or on any anniversary of the
Renewal date by giving the other party at least ninety (90) days prior written
notice by registered or certified mail, return receipt requested.  Notwithstanding the foregoing, PBC shall
have the right to terminate this Agreement immediately and without notice upon
the occurrence of an Event of Default.


 


Except as noted above,
all the terms, conditions and provisions of said AGREEMENT shall remain
unchanged and in full force and effect.


 


	
  DATE:  May 20, 2004

  
	
   

  	
   

  	
   

  	
   

  
	
  PREFERRED BUSINESS
  CREDIT, INC.

  	
  AGREED AND ACCEPTED:

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  LEE PHARMACEUTICALS

  	
   

  
	
   

  	
   

  	
  a California
  corporation

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  BY:

  	
  FARHAD MOTIA

  	
   

  	
   

  	
   

  
	
   

  	
  Farhad Motia, President

  	
   

  	
   

  
					



 

















 


	
   

  	
  By:

  	
  RONALD G. LEE

  	
   

  
	
   

  	
   

  	
  Ronald G. Lee,
  President
Kenneth L. OSTROWSKI, Jr. v. CITY OF D'LBERVILLE, Mississippi

2017-CT-01117-COA

Supreme Court of Mississippi.

Filed: October 5, 2018 Closed: January 10, 2019

Certiorari - Denied
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staff profileEric D. Swain, Ph.D.
EXHIBIT 32





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 Annual Report of Delta International Oil & Gas Inc. (the "Company") on Form 10-K/A for the year ended December 31, 2013 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Malcolm W. Sherman, Chief Executive Officer and Principal Financial 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 to the best of my 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 result of operations of the Company.




/s/ Malcolm W. ShermanMalcolm W. ShermanChief Executive Officer and Principal Financial Officer


September 30, 2014
Charles E. LYKES, Jr., Esq., Appellant/Petitioner(s), v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY c/o Department of Revenue, Appellee/Respondent(s).

CASE NO.: 2D18-3710

District Court of Appeal of Florida, Second District.

October 17, 2018

BY ORDER OF THE COURT:

This appeal is dismissed because of the appellant's failure to satisfy this court's September 18, 2018 fee order.

KHOUZAM, ROTHSTEIN-YOUAKIM, and ATKINSON, JJ., Concur.
##### 



UNITED STATES
 SECURITIES AND EXCHANGE COMMISSION
 Washington, DC 20549
 FORM 8-K
 CURRENT REPORT
 Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 February 22, 2006
 Microfield Group, Inc.
   Oregon
    
    000-26226
    
    93-0935149(State or other jurisdiction
of incorporation)
    
    Commission
file number
    
    (IRS Employer
Identification No.)
 1631 NW Thurman, Suite 200, Portland, OR
    
    97209(Address of principal executive offices)
    
    (Zip Code)
 (503) 419-3580 .
 
 
  
  o
    
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 o
    
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
 o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act
(17 CFR 240.14d-2(b))
 o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))




---



##### 



ITEM 5.03. Amendment to Articles of Incorporation
   ITEM
9.01. Exhibits




---



##### 



SIGNATURES
  Date: February 28, 2006.
    Microfield Group, Inc./s/ A. Mark WalterA. Mark Walter, President
----

EXHIBIT 31.1 

I, Michael Lee, chief executive officer of AlphaRx, Inc.certify that: 

1. 

I have reviewedthis quarterly report on Form 10QSB of AlphaRx, Inc.; 

2. 

Based on myknowledge, this quarterly 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 quarterly report; 

3. 

Based on myknowledge, the financial statements, and other financial information included inthis quarterly 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 quarterly report; 

4. 

I am responsiblefor establishing and maintaining disclosure controls and procedures (as definedin Exchange Act Rules 13a-14 and 15d-14) for the registrant and have: 

a) designed such disclosure controlsand procedures to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to me by others withinthose entities, particularly during the period in which this quarterly report isbeing prepared; 

b) evaluated the effectiveness of theregistrant's disclosure controls and procedures as of a date within 90 daysprior to the filing date of this quarterly report (the "Evaluation Date"); and

c) presented in this quarterly reportmy conclusions about the effectiveness of the disclosure controls and proceduresbased on my evaluation as of the Evaluation Date; 

5. 

We havedisclosed, based on my most recent evaluation, to the registrant's auditors andthe audit committee of registrant's board of directors (or persons performingthe equivalent functions): 

a) all significant deficiencies inthe design or operation of internal controls which could adversely affect theregistrant's ability to record, process, summarize and report financial data andhave identified for the registrant's auditors any material weaknesses ininternal controls; and 

b) any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant's internal controls; and 

6. 

I have indicatedin this quarterly report whether there were significant changes in internalcontrols or in other factors that could significantly affect internal controlssubsequent to the date of my most recent evaluation, including any correctiveactions with regard to significant deficiencies and material weaknesses. 

Date: August 14, 2008 

/s/ Michael Lee Michael LeeChief Executive Officer 

----
**Exhibit 32**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C SECTION 1350,**

**ASADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

This certification isfurnished pursuant to Rule 12a-14(b0 or Rule 15d-14(b) and 18U.S.C. Section 1350.

 

Each of the undersigned,the Chairman of the Board and Chief Executive Officer and the Vice President ofFinance, Secretary and Chief Financial Officer of Advanced Power Technology, Inc.(the “Company”), hereby certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Company’s Form 10-Q for the third quarter ended September 30, 2005,as filed with the Securities and Exchange Commission on the date hereof (the “Report”),fully complies with the requirements of section 13(a) and 15(d) ofthe Securities Exchange Act of 1934 and that information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
|   | Dated: November 9th, 2005             |   |
|--------|--------------------------------------------|--------|
|   |                                       |   |
|   |                                       |   |
|   | /s/ PATRICK P.H. SIRETA                    |   |   |
|   | Patrick Sireta                             |   |
|   | President and Chief Executive Officer,     |   |
|   | Chairman of the Board of Directors         |   |
|   |                                       |   |
|   |                                       |   |
|   | /s/ GREG M. HAUGEN                         |   |
|   | Greg M. Haugen                             |   |
|   | Vice President, Finance and Administration |   |
|   | Chief Financial Officer and Secretary      |   |
|   | (Principal Financial Officer)              |   |
|        |                                            |        |  |  |

 

----
STATE of Louisiana v. Randy E. PRESENTINE

No. 18-KP-0844

Supreme Court of Louisiana.

December 17, 2018

**ON SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO**

PER CURIAM:

Denied. Relator fails to show that he was denied the effective assistance of counsel during plea negotiations under the standard of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
```

[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Notices]
[Page 102971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29998]

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

POSTAL SERVICE

Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] 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: December 18, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

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 9, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 953 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-695, K2025-694.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-29998 Filed 12-17-24; 8:45 am]
BILLING CODE 7710-12-P
```
_______________________________________ __ Michigan Supreme Court 

# Order
Lansing, Michigan

October 3, 2008 Clifford W. Taylor, Chief Justice
134950 Michael F. Cavanagh Elizabeth A. Weave r Marilyn Kell y Maura D. Corriga n MARK S. MARTIN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, J ustices

v SC: 134950 COA: 276134 WCAC: 05-000230 EATON CORPORATION, Defendant-Appellant.

________________ _________________________/

On order of the Court, the application for leave to appeal the August 16, 2007 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1 ), in lieu of granting leave to appeal, we REMAND th is case to the Court of Appeals for consideration as on leave granted in light of Stokes v Chrysler LLC , 481 Mich 266 (2008).

C AVANAGH , J., would deny leave to appeal.

W EAVER , J. ( dissenting ).

I dissent from the order remanding this case to the Court of Appeals as on leave granted for reconsideration in light of Stokes v Chrysler LLC , 481 Mich 266 (2008).

Because I dissented from the majority opinion in Stokes, I would grant leave to appeal in this case to consider whether the Stokes majority reached the correct decision in Stokes

.

K ELLY , J., joins the statement of W EAVER , J.

0930 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 3, 2008
Clerk
**Exhibit32.2**

 

**CERTIFICATIONPURSUANT TO**

**18U.S.C. SECTION 1350**

**ASADOPTED PURSUANT TO**

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

 

In connection with the Quarterly Reportof Ocean Resources, Inc. (the “Company”) on Form 10-QSB for theperiod ending December 31, 2004 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Steven Sanit, Chief FinancialOfficer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

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

 

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

 

 
| /s/ Steven Sanit        |   |
|-------------------------|--------|
| Chief Financial Officer |
| February 22, 2005  |

 

----
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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
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###### Postal Service

# 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:*                         December 19, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 11, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 1022 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-775, K2025-774.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-30138 Filed 12-18-24; 8:45 am]

BILLING CODE 7710-12-P
STATE EX REL. Wesley Shane AUSTIN v. STATE of Louisiana

NO. 2017-KH-1235

Supreme Court of Louisiana.

January 14, 2019

Reconsideration denied.
EXHIBIT 4.6d
                               FOURTH AMENDMENT TO
                         4% CONVERTIBLE PROMISSORY NOTE


         FOURTH AMENDMENT, dated as of November 21, 2006, TO 4% CONVERTIBLE
PROMISSORY NOTE, dated May 12, 2004, made by and between Delta Mutual, Inc., a
Delaware corporation, with its principal offices located at 111 North Branch
Street, Sellersville, PA 18960 (the "Borrower") and Neil Berman, an individual,
of 21346 St. Andrews Boulevard, # 421, Boca Raton, FL 33433 (the "Holder").
Capitalized terms used herein and not otherwise defined herein shall have the
meaning assigned to such term in the Original Note.

         WHEREAS, the Borrower and the Holder are parties to that certain 4%
Convertible Promissory Note, dated May 12, 2004, as amended, (the "Original
Note") pursuant to which the Borrower has borrowed the amount of $193,740 from
the Holder;

         WHEREAS, the Original Note provides that the Maturity Date shall be
November 28, 2006; and

         WHEREAS, the Borrower and the Holder have agreed to extend the Maturity
Date and to amend Section 1.6 of the Original Note in order to provide the
Borrower with additional time to secure financing; and

         WHEREAS, in accordance with the terms and conditions of the Original
Note, the Borrower and the Holder hereby approve the amendment of the Original
Note as set forth herein.

         NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants contained herein, the parties agree as follows:

         1. By their respective execution of this AMENDMENT, the Borrower and
the Holder agree that Section 1.6 of the Original Note is hereby amended to read
in its entirety as follows: "Maturity Date" shall mean April 10, 2007.

         2. Except as expressly provided herein, the Original Note shall
continue in full force and effect.

         3. This FOURTH AMENDMENT supercedes any and all prior written or oral
agreements with respect to the Original Note, and may be executed by facsimile
and in counterparts, which, taken together, shall be deemed an original and
shall constitute a single AMENDMENT.



                             SIGNATURE PAGE FOLLOWS



         IN WITNESS WHEREOF, the Borrower and the Holder have executed this
Fourth Amendment as of the date first written above.


      DELTA MUTUAL INC.                              NEIL BERMAN
         (BORROWER)                                  (HOLDER)




By:   /s/ Peter F. Russo                            By:  /s/ Neil Berman
    -------------------------                           ------------------------
     Peter F. Russo                                          Neil Berman
     President & CEO