alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 December 10, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-40791 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ARMANDO LOZANO-SALAZAR, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-03-CR-144-1

-------------------- Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM: * Armando Lozano-Salazar appeals his conviction of being found in the United States following deportation after conviction of an aggravated felony. He argues, for the first time on appeal, that 8 U.S.C. § 1326(b) is unconstitutional because it treats a prior conviction for a felony or aggravated felony as a sentencing factor and not as an element of the offense. Lozano-Salazar’s argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235, 239-47 (1998). Apprendi v. New Jersey , 530 U.S.No. 03-40791 -2- 466, 489-90 (2000), did not overrule that decision. See United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000) . Thus, the district court did not err in sentencing Lozano-Salazar under 8 U.S.C. § 1326(b).
AFFIRMED.
DENY; and Opinion Filed April 22, 2014.

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-14-00471-CV

IN RE TEN HAGEN EXCAVATING, Relator

On Appeal from the County Court at Law No. 1

Dallas County, Texas

Trial Court Cause No. CC-11-00454-A

MEMORANDUM OPINION

Before Justices Moseley, Fillmore, and Evans 

Opinion by Justice Fillmore

The Court has before it relator’s petition for writ of mandamus in which relator 

requests that the Court direct the trial court to vacate its order, entered after a hearing,

denying a physical examination of real party Jose Lopez-Castro by relator’s physician 

expert. The facts and issues are well known to the parties, so we need not recount them 

herein. The mandamus record is not complete. See TEX. R. APP. P. 52.7(a); In re Le, 335 

S.W.3d 808, 813 (Tex. App.—Houston [14th Dist.] 2011, no pet.) (“Those seeking the 

extraordinary remedy of mandamus must follow the applicable procedural rules. Chief 

among these is the critical obligation to provide the reviewing court with a complete and 

adequate record.”). Based on the record before us, we conclude relator has not shown it

is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 
–2–

S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). For all of the reasons set forth 

above, we DENY the petition for writ of mandamus.

140471F.P05

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE
EXHIBIT32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEYACT OF 2002

In connection with the Quarterly Report of IWOHoldings, Inc. (the "Company") on Form 10-Qfor the period ending March 31, 2005 as filed with the Securities andExchange Commission on the date hereof (the"Report"), I, Bret Cloward, as ChiefExecutive Officer of the Company, certify, pursuant to and for thepurposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

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

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

May 16, 2005

/s/ BRETCLOWARD

|  |
|--|
|  |  |
|  |

BretClowardChief Executive Officer

----
IN the INTEREST OF A.W.S., JR., a child.

A.S., Appellant, v. Department of Children and Families and Guardian Ad Litem Program, Appellees.

Case No. 2D18-1254

District Court of Appeal of Florida, Second District.

Opinion filed July 25, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
BERKLEY INSURANCE COMPANY, Appellant/Petitioner(s), v. The TEMPO AT ENCORE, LP, et al., Appellee/Respondent(s).

CASE NO.: 2D18-4069

District Court of Appeal of Florida, Second District.

January 08, 2019

BY ORDER OF THE COURT:

The appellees' motion to dismiss is granted. This appeal is dismissed as from a nonappealable nonfinal order. See Fla. R. App. P. 9.110(k).

VILLANTI, BLACK, and SLEET, JJ., Concur.
Exhibit 32.1


                        CERTIFICATION OF PERIODIC REPORT
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         I, Richard J. Linder, President and CEO of Rubicon Medical Corporation
(the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350, that to the best of my knowledge:


         (1)      the Annual Report on Form 10-KSB of the Company for the fiscal
                  year ended December 31, 2003 (the "Report") fully complies
                  with the requirements of Section 13(a) or 15(d) of the
                  Securities Exchange Act of 1934 (15 U.S.C. 78m or 78 o(d));
                  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 22, 2004


/s/ Richard J. Linder
-----------------------
Richard J. Linder
President and CEO


A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act has been furnished to Rubicon Medical Corporation and will be
retained by Rubicon Medical Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
Kenneth W. BAKER, Appellant/Petitioner(s), v. Carlo PENARANDA, Appellee/Respondent(s).

CASE NO.: 2D18-4784

District Court of Appeal of Florida, Second District.

January 03, 2019

BY ORDER OF THE COURT:

This appeal is dismissed for failure of the appellant to comply with this court's December 6, 2018, order to show cause.

SILBERMAN, BLACK, and SLEET, JJ., Concur.
Luis RODRIGUEZ, Appellant, v. Esteban Leslie BROWN, Appellee.

No. 3D18-288

District Court of Appeal of Florida, Third District.

Opinion filed January 23, 2019.

Crabtree & Auslander, Charles M. Auslander, John G. Crabtree and Brian C. Tackenberg ; Rodriguez Law Firm, PLLC and Jorge Rodriguez (New York, NY), for appellant.

Kula & Associates, P.A., Elliot B. Kula, W. Aaron Daniel and William D. Mueller, for appellee.

Before EMAS, C.J., and SALTER, and FERNANDEZ, JJ.

PER CURIAM.

*239Affirmed. Concluding that the trial court did not grossly abuse its discretion when it vacated the default and default final judgment, we affirm. *See**Kathleen G. Kozinski, P.A. v. Phillips*, 126 So.3d 1264, 1267 (Fla. 4th DCA 2013) (citation omitted) ("An order granting a motion to vacate a default final judgment is reviewed under a 'gross abuse of discretion' standard.").
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

USHA PATEL, )

)

Appellant, )

)

v. ) Case No. 2D17-4660

)

HEARTWOOD 47, LLC (as successor to )

BankAtlantic), )

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Appellee. )

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Opinion filed June 22, 2018.

Appeal pursuant to Fla. R. App. P. 9.130 

from the Circuit Court for Hillsborough 

County; Claudia R. Isom, Judge.

Eric O. Husby, Tampa, for Appellant.

Eric B. Zwiebel of Emanuel & Zwiebel, 

PLLC, Plantation, for Appellee.

PER CURIAM.

Affirmed. 

CASANUEVA, MORRIS, and ATKINSON, JJ., Concur.
EXHIBIT 32.2

                   CERTIFICATION PURSUANT TO RULE 13a-14(b) OR

                      RULE 15d-14(b) and 18 U.S.C. ss.1350,

                             AS ADOPTED PURSUANT TO

                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of American Capital Partners Limited,
Inc. (the "Company") on Form 10-KSB for the period ended December 31, 2003, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Timothy Ellis, Principal Financial and Accounting Officer of the
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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: September 23, 2004              By: /s/ Timothy Ellis
                                          -----------------

                                      Timothy Ellis
                                      Principal Financial and Accounting Officer


                                       41
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Naim STEWART, Appellant, v. STATE of Florida, Appellee.

Nos. 1D16-3644 1D16-3646

District Court of Appeal of Florida, First District.

February 5, 2019

Candice K. Brower, Criminal Conflict & Civil Regional Counsel, Michael J. Titus, Assistant Regional Conflict Counsel, Tallahassee, for Appellant.

Ashley B. Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

*278In these *Anders** appeals, we affirm the orders revoking Appellant's probation and imposing sentence. However, we remand for correction of the written orders of revocation to specify the conditions Appellant was found to have violated. *See**Davis v. State* , 218 So.3d 507 (Fla. 1st DCA 2017) (affirming revocation of probation in *Anders* appeal but remanding for court to enter written revocation order specifying conditions of probation violated). Appellant need not be present. *See**Williams v. State* , 145 So.3d 984 (Fla. 1st DCA 2014).

AFFIRMED and REMANDED .

Roberts, Wetherell, and Makar, JJ., concur.

*

*Anders v. California* , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Nathaniel WAUGH, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-4871

District Court of Appeal of Florida, Second District.

January 16, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
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 Avaya Inc. (the Company) on Form 10-Q for the period ending December 31, 2010, as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Kevin J. Kennedy, President and 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, to 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; 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/    KEVIN J. KENNEDY                                                             
|Kevin J. Kennedy President
and Chief Executive Officer (Principal Executive Officer)

February 14, 2011
Exhibit 23.1

The Board of Directors
Keyrx Biopharmaceuticals, Inc.

We consent to the  incorporation by reference in the  registration  statement on
Form S-8 of Keryx Biopharmaceuticals, Inc. of our report dated February 28, 2002
with respect to the  consolidated  balance  sheets of Keyrx  Biopharmaceuticals,
Inc. as of December 31, 2001 and 2000 and the related consolidated statements of
operations, changes in stockholders' equity and cash flows for each of the years
in the  three-year  period ended  December 31, 2001,  and all related  financial
statement  schedules,  which report  appears in the  December  31, 2001,  annual
report on Form 10-K of Keyrx Biopharmaceuticals, Inc.

Somekh Chaikin

A member firm of KPMG International
Certified Public Accountants (Isr.)

Jerusalem, Israel

March 26, 2002
1658.

#### Wilson *v.*The State.

Russell, J.

1. It is not error to overrule a motion for continuance based upon the absence of leading counsel, where no good and sufficient reason is shown why he is absent. Where there is no attempt to explain the cause of his absence, the motion should' be overruled.

2, Venue may be proved by circumstantial evidence; but circumstances which show that it is possible that an alleged crime was committed within the jurisdiction of the court are insufficient to establish the jurisdictional element of venue, where, from the circumstances adduced, it is as possible and reasonable that the crime was committed beyond the jurisdiction of the court. In the absence of any direct evidence as to where an alleged offense was committed, the mere circumstance that the defendant resides in the county in which the crime is alleged to have been committed, or the statement that he was at his home in the county a portion of the day on which the offense was alleged to have been committed, is not sufficient, without more, to establish the jurisdiction of the court; and both circumstances combined are insufficient to prove venue, unless the evidence shows that the crime under investigation was committed at his home. Especially is this true where there is no testimony identifying the particular point, or house, or locality at which the alleged criminal act was committed.

3. Though a confession may be corroborated by proof of the corpus delicti,. *17a conviction based upon an uncorroborated confession can not be sustained. *Judgment reversed.*

Indictment for unlawful sale of liquor, from Monroe superior court — Judge Reagan. December 16, 1908.

Submitted February 10, —

Decided March 23, 1909.

*J. M. Fletcher, R. L. Berner,*for plaintiff in error.

*J. W. Wise, solicitor-general, Bloodworth ■& Bloodworth,*contra.
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                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. IN24-2-000]

                    With respect to an order issued by the Commission on December 16, 2024, in the above-captioned docket, with the exceptions noted below, the staff of the Office of Enforcement are designated as non-decisional in deliberations by the Commission in this docket.[1]                                          Accordingly, pursuant to 18 CFR 385.2202 (2024), they will not serve as advisors to the Commission or take part in the Commission's review of any offer of settlement. Likewise, as non-decisional staff, pursuant to 18 CFR 385.2201 (2024), they are prohibited from communicating with advisory staff concerning any deliberations in this docket.                

Exceptions to this designation as non-decisional are:

Nicholas Stavlas

Michael Raibman

Thomas Olson

Mark Maneche

Yvonne Yegge

Charles Kitcher

Jennifer Gordon

Gareth Jones

Ian McDonald

Sam Malech

Erin Miller

Sara Brehm

Serrita Hill

Steven Bundick

Dated: December 18, 2024.

Carlos D. Clay,

Acting Deputy Secretary.

# Footnotes

1.                                                     *American Efficient, LLC, Modern Energy Group LLC, MIH LLC, Midcontinent Energy LLC, Wylan Energy, L.L.C., Affirmed Energy LLC,*                         189 FERC ¶ 61,196 (2024).                    
        Back to Citation      

[FR Doc. 2024-30700 Filed 12-23-24; 8:45 am]

BILLING CODE 6717-01-P
* Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-60269 Summary Calendar

CLIFTON J. EPPS, Plaintiff-Appellant,

versus STATE OF MISSISSIPPI; JESSIE HOPKINS; LARRY SAXTON; PATRICK MUNDAY; CHARLOTTE OSWALT; DAVID MCMILLIAN; JIMMY DIXON, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 3:94-CV-773LN

- - - - - - - - - - October 10, 1996 Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM: * Mississippi prisoner Clifton J. Epps, No. C43419, appeals the district court’s dismissal of his civil rights suit against the State of Mississippi; Mississippi probation officers Patrick Munday, David McMillan, and Susan Oswalt; Madison County Sheriff Jessie Hopkins; and Madison County Sheriff’s DepartmentNo. 96-60269 - 2 - detectives Larry Saxton and Jimmy Dixon. Epps does not argue that the district court erred by dismissing his claims against the State, his official-capacity claims against defendants Munday and McMillan, his claims against defendant Oswalt, or his claim based on an alleged wrongful seizure of property. See Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987). Epps’s claims against defendants Hopkins, Saxton, and Dixon have not accrued because his allegations implicate the validity of his conviction, which has not been invalidated or called into question by a state or federal court. Heck v. Humphrey , 114 S. Ct. 2364, 2372 (1994). The uncontroverted summary-judgment evidence shows that the actions of defendants Munday and McMillan were objectively reasonable. See Rankin v. Klevenhagen , 5 F.3d 103, 105 (5th Cir. 1993).
AFFIRMED.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D21-3325

_____________________________

ELIJAH LINVILLE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Nassau County.

James H. Daniel, Judge.

September 6, 2022

PER CURIAM.

AFFIRMED.

OSTERHAUS, KELSEY, and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Jessica J. Yeary, Public Defender, and Lori A. Willner, Assistant 

Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.