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

FOR THE FIFTH CIRCUIT

No. 09-41213

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RODOLFO FUENTES-MIRANDA, also known as Rodolfo Miranda-Fuentes,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:06-CR-350-1

Before DAVIS, SMITH, and WIENER, Circuit Judges.

PER CURIAM:

*

The Federal Public Defender appointed to represent Rodolfo FuentesMiranda has moved for leave to withdraw and has filed a brief in accordance

with Anders v. California, 386 U.S. 738 (1967). Fuentes-Miranda 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 GRANTED, counsel is excused from further responsibilities herein,

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

United States Court of Appeals

Fifth Circuit

F I L E D

August 17, 2010

Lyle W. Cayce

Clerk

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.

Case: 09-41213 Document: 00511205664 Page: 1 Date Filed: 08/17/2010
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map        January 1, 1966        Aeroradioactivity and generalized geologic maps of parts of New York, Connecticut, Rhode Island, and Massachusetts
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 IWO Holdings, Inc. (the Company) on Form 10-Q for the period ending September 30, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gary D. Forsee, as Chief Executive Officer of the Company, certify, pursuant to and for the purposes of 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 results of operations of the Company.



November 14, 2005



|                       
|-----------------------
|/s/ GARY D. FORSEE     
|Gary D. Forsee         
|Chief Executive Officer
<PAGE>
                                                                     EXHIBIT 3.1
                                                                     -----------
                            CERTIFICATE OF AMENDMENT

                            OF SECOND RESTATED BYLAWS

                              CORILLIAN CORPORATION

        The undersigned, Erich Litch, hereby certifies that he is the duly
elected, qualified and acting Secretary of Corillian Corporation, an
Oregon corporation (the "Company"), and does further certify as follows:

        1.   The following section is added to Article III of the Company's
Second Restated Bylaws, which amendment was adopted by the Board of Directors of
the Company by unanimous written consent dated effective as April 10, 2006:

               "3.2.1A   CLASSIFIED BOARD

               Subject to Section 5.1 of the Articles of Incorporation, the
        Board of Directors may be divided into three classes, as determined by
        resolution of Board, with such classes to be as equal in number as may
        be possible. Subject to the foregoing, the Board of Directors may assign
        the Directors to the classes of the Board of Directors in any manner. At
        each annual meeting of shareholders, the number of Directors equal to
        the number of Directors in the class whose term expires at the time of
        such meeting shall be elected to serve until the third ensuing annual
        meeting of shareholders. Notwithstanding any of the foregoing provisions
        of this Section 3.2.1A, Directors shall serve until their successors are
        elected and qualified or until their earlier death, resignation or
        removal from office."

        IN WITNESS WHEREOF, the undersigned has hereto set his name this 10th
day of April, 2006.


                                              CORILLIAN CORPORATION



                                              /s/ ERICH LITCH
                                              ---------------
                                              Erich Litch, Secretary
# C_2022148EN.01000601.xml

| 4.4.2022 | EN | Official Journal of the European Union | C 148/6 |
| --- | --- | --- | --- |

4.4.2022

EN

Official Journal of the European Union

C 148/6

---

Judgment of the Court (Sixth Chamber) of 10 February 2022 (request for a preliminary ruling from the Supreme Court — Ireland) — PF, MF v Minister for Agriculture, Food and the Marine, Sea Fisheries Protection Authority

(Case C-564/20) (1)

(Reference for a preliminary ruling - Common fisheries policy - Regulation (EC) No 1224/2009 - Control system - Article 33(2)(a) and Article 34 - Recording of catches and fishing effort - Transmission to the European Commission of information concerning the quantities of nephrops caught - Possibility to use data other than those contained in the fishing logbook - Reasonable and scientifically valid method to process and verify data - Closure of fisheries)

(2022/C 148/08)

Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings

Applicants: PF, MF

Defendants: Minister for Agriculture, Food and the Marine, Sea Fisheries Protection Authority

Operative part of the judgment

Article 33(2)(a) and Article 34 of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006, as amended by Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015, must be interpreted to the effect that the Single Control Authority of a Member State is not required to notify to the European Commission only the data recorded by the masters of fishing vessels in the fishing logbook, pursuant to Articles 14 and 15 of that regulation, but may use a reasonable and scientifically valid method, such as the ‘time spent’ methodology, to process those data in order to ensure the accuracy of the catch figures that it notifies to the Commission.

---

(1)  OJ C 19, 18.1.2021.

---
Obadiah STEPHENSON, Jr. v. Bryce W. HOTARD, Sunbelt Rentals, Inc., and Travelers Property and Casualty Company of America

NO. 2018-CC-2004

Supreme Court of Louisiana.

February 11, 2019

*897Denied.

HUGHES, J., would grant.
S.D., a Child, Appellant, v. STATE of Florida, Appellee.

No. 1D18-2203

District Court of Appeal of Florida, First District.

March 7, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
**EXHIBIT 32.2**

 

**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 Interactive Motorsports and Entertainment Corp. (the “Company”) on Form 10-KSB for the year ended December 31, 2005 as filed with the Securities and Exchange Commission on the Date hereof (the “Report”), each of the undersigned 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 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 results of operations of the Company. |
|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| Date: June 17, 2008 | By: | */s/ William R. Donaldson* |
|---------------------|-----|----------------------------|

| * * | *-----------------------------------------------* |
|----------|---------------------------------------------------|

|   | William R. Donaldson |
|--------|----------------------|

Chief Financial Officer and Treasurer

 

*A signed original of this written statement required by Section 906 has been provided to Interactive Motorsports and Entertainment Corp. and will be retained by Interactive Motorsports and Entertainment Corp. and furnished to the Securities and Exchange Commission or its staff upon request.*
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Gary L. WOODROFFE, Appellant/Petitioner(s), v. FEDERAL NATIONAL MORTGAGE, a/k/a Fannie Mae, et al., Appellee/Respondent(s).

CASE NO.: 2D19-0666

District Court of Appeal of Florida, Second District.

February 26, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
STATE of Louisiana v. Chester BROWN

No. 2017-KP-1717

Supreme Court of Louisiana.

February 18, 2019

**ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS**

PER CURIAM:

Granted. The district court erred in failing to deny relator's post-conviction application on procedural grounds because the application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8 ; *State ex rel. Glover v. State* , 93-2330 (La. 9/5/95), 660 So.2d 1189.

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.

Johnson, C.J., would deny.

Weimer, J., would deny.

Hughes, J., would deny.
*** 

Federal Aviation 

Administration 

Memorandum 

Date:

To: 

From: 

Subject: UINFORMATIONU:

*** September 14, 2018 Aircraft Accident File 18-001-RIC Richmond Airport Traffic Control Tower Partial Transcript Aircraft Accident, CGODA Highland Springs, VA, September 05, 2018 This transcription covers the Richmond Airport Traffic Control Tower (ATCT) LC LC position for the time period from September 05, 2018, 1638 UTC, to September 05, 2018, 1748 UTC. I certify that the following is a true transcription of the recorded conversations pertaining to the subject Accident involving CGODA. chris winkeleer Air Traffic Manager Richmond ATCT Agencies Making Transmissions Abbreviations Canadian, C180 CGDOA RIC ATCT Local Control LC LM FSS Flight Data FD 1638 (1639-1707) 1708 1708:30 CGDOA richmond tower good afternoon charlie delta oscar alpha with you we are about ah thirteen miles to the north inbound landing 1708:42 LC zero delta alpha runway twenty cleared to land wind one one five zero four 1708:46 CGDOA two zero cleared to land uh zero alpha delta thank you alpha we're going to be going to customs sir 1709 18-001-RIC CGODA
Page 2 of 3 1710 1711 1711:02 LC rich 1711:04 FD this is radar flight data i'm looking for a charlie golf delta alpha you know if he's arrived yet 1711:09 LC uh he's on final he'll be here in a minute 1711:11 FD okay landing assured 1711:12 LC yeah 1711:13 FD alright bye 1711:13 LC bye 1712 (1713-1715) 1716 1716:38 CGDOA richmond tower this is oscar delta alpha 1716:43 LC yes sir 1716:45 CGDOA yeah i just crashed i think it's a school yard 1716:50 LC alright say you position 1716:56 CGDOA yeah i was just on final and uh lost power 1717 1717:01 LC alright uh just stay with me and uh we'll get uh vehicles out to you 1717:05 CGDOA yeah there's a o t p i mean a police car just showing up now 1717:55 LC november uh zero delta alpha i've got vehicles that are on their way 1718 18-001-RIC CGODA ***
Page 3 of 3 (1719-1747) 1748 End of Transcript 18-001-RIC CGODA ***
Jesse A. JOHNSON, Petitioner, v. STATE of Florida, Respondent.

No. 1D17-4805

District Court of Appeal of Florida, First District.

January 22, 2019

Jesse A. Johnson, Petitioner, pro se

Ashley Brooke Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Respondent.

Per Curiam.

Jesse A. Johnson raises numerous claims asserting that his appellate counsel handled his previous appeal in an ineffective manner. In 2015, we affirmed Mr. Johnson's conviction for burglary of a dwelling with a battery, child abuse, battery, and petit theft. *See* *Johnson v. State* , 177 So. 3d 254 (Fla. 1st DCA 2015). In one respect, we agree with Mr. Johnson that his appellate counsel was ineffective. We grant the petition because appellate counsel did not address the trial court's failure to hold a hearing, or to rule on Mr. Johnson's competency. We otherwise deny the petition.

During the trial court proceedings, the judge on his own motion ordered that Mr. Johnson be evaluated for competency. *See* Florida Rule of Criminal Procedure 3.210(b). When a court has reasonable grounds to question a defendant's competency, "the rules of criminal procedure require the trial court to hold a hearing." *Reynolds v. State* , 177 So.3d 296, 297 (Fla. 1st DCA 2015). *See also* *McCants v. State* , 395 So.2d 278, 279 (Fla. 1st DCA 1981) ("[T]he trial court has the responsibility to conduct a hearing for competency to stand trial whenever it reasonably appears necessary, whether requested or not."). If a court fails to hold a competency hearing under these circumstances, reversal is required. *Brooks v. State* , 180 So.3d 1094, 1095 (Fla. 1st DCA 2015).

Here, the record shows that after raising concerns about Mr. Johnson's competency, *260the trial court ordered a competency evaluation. But the court did not hold the requisite hearing, or make an independent competency determination as required by Rule 3.210(b) and the cases. At a subsequent hearing, the court asked whether the competency evaluation had been completed, but it never held a competency hearing, or made a finding that Mr. Johnson was competent to proceed. This was reversible error. *Brooks* , 180 So.3d at 1095. Also, under our cases, the failure to raise this meritorious claim on appeal constitutes ineffective assistance of appellate counsel. *See* *Pamphile v. State* , 216 So.3d 765 (Fla. 1st DCA 2017). Accordingly, we grant the petition on this issue. On remand, the court may make a *nunc pro tunc* determination of competency that Mr. Johnson was in fact competent to stand trial. If the court cannot make such a *nunc pro tunc* determination, however, then it shall grant a new trial.

Accordingly, we GRANT the petition as to the competency issue and REMAND for further proceedings. The petition is otherwise DENIED.

Makar, Osterhaus, and Jay, JJ., Concur.
----

Exhibit No. 31.1

Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 

I, Si Chen, certify that: 

1. 

I have reviewedthis report on Form 10-QSB for the quarter ended September 30, 2007 of AmericanLorain Corporation; 

2. 

Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading withrespect to the period covered by this report; 

3. 

Based on myknowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this report; 

4. 

The registrant'sother certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the registrant and have: 

a) 

designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared; 

b) 

evaluated theeffectiveness of the registrant's disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and 

c) 

disclosed in thisreport any change in the registrant's internal control over financial reportingthat occurred during the registrant's most recent fiscal quarter (theregistrant's fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant's internal control over financial reporting; 

5. 

The registrant'sother certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant'sauditors and the audit committee of registrant's board of directors (or personsperforming the equivalent functions):

a) 

all significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affectthe registrant's ability to record, process, summarize and report financialinformation; and

b) 

any fraud, whetheror not material, that involves management or other employees who have asignificant role in the registrant's internal control over financial reporting.

Dated: November14, 2007 

/s/ Si Chen                                Si Chen         Chief Executive Officer

 

----
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<CASH>                                           4,804
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</TABLE>
Donald Keith ROLLING, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-815

District Court of Appeal of Florida, Third District.

Opinion filed October 31, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.