alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Zion SMITH, Appellant, v. The STATE of Florida, Appellee.

No. 3D19-56

District Court of Appeal of Florida, Third District.

Opinion filed February 27, 2019

**FLORIDA DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
117TH CONGRESS 

2D SESSION S. CON. RES. 51 

CONCURRENT RESOLUTION 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That, in the enrollment of H.R. 2617, the 

3 Clerk of the House of Representatives shall make the fol4 lowing corrections: 

5 (1) Amend the title so as to read: ‘‘Making con6 solidated appropriations for the fiscal year ending 

7 September 30, 2023, and for providing emergency 

8 assistance for the situation in Ukraine, and for other 

9 purposes.’’. 

10 (2) Strike the first section 1 immediately fol11 lowing the enacting clause and all that follows 

12 through the end of the first section 2, up to and in13 cluding ‘‘under subsection (b)(5) for that agency’’. 

14 (3) In title IV of division O, strike section 403. 
2 

†SCON 51 ES 

1 (4) Strike the final section 3 and all that fol2 lows through the end. 

Passed the Senate December 22, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. CON. RES. 51 

CONCURRENT RESOLUTION 

Providing for a correction in the enrollment of H.R. 

2617.
EXHIBIT 32.1

SARBANES-OXLEY ACT SECTION 906 CERTIFICATION

In connection with this Report on Form 10-Q of
Foundation Coal Holdings, Inc. for the period ended June 30, 2008, I, James F. Roberts, Chief Executive Officer of Foundation Coal Holdings, Inc., hereby certify pursuant to 18 U.S.C. §1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



|1. | This Form 10-Q for the period ended June 30, 2008 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 this Form 10-Q for the period ended June 30, 2008 fairly presents, in all material respects, the financial condition and results of operations
of Foundation Coal Holdings, Inc.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                                         
|-------------------- |  | ----------------------------------------
|Date: August 8, 2008 |  | /s/ JAMES F. ROBERTS                    
|                     |  | James F. Roberts Chief Executive
Officer
Exhibit
10.37


 


SIXTH AMENDMENT TO 

PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS


 


THIS SIXTH AMENDMENT TO PURCHASE AGREEMENT AND ESCROW
INSTRUCTIONS (“Amendment”) is entered into at San Diego, California as of May
27, 2003 between H. G. FENTON COMPANY, a California corporation which acquired
title as H. G. Fenton Material Company (“Seller”), and BIOSITE INCORPORATED, a
Delaware corporation (“Buyer”), with reference to the following


 


R
E C I T A L S:


 


A.                                   Seller
and Buyer are the parties to a Purchase Agreement and Escrow Instructions dated
as of December 7, 2001 and previously amended as of February 12, February 14,
June 10, 2002, and January 24 and April 25, 2003 (“Agreement”), relating to
certain real property in the Carroll Canyon area of San Diego, California as
depicted on Exhibit A to the Agreement (“Land”). Initially capitalized
terms not otherwise defined in this Amendment have the same meanings as in the
Agreement, as previously amended. Pursuant to the Agreement, the parties have
established Escrow No. 51943-PM with Stewart Title of California, Inc. as
Escrow Holder.


 


B.                                     The
parties wish to extend the date for the First Closing from May 29 to June 17,
2003.


 


THE
PARTIES AGREE:


 


1.                                       First
Closing.  The First Closing, i.e., the closing for Lots 7 & 8,
shall take place on or before June 17, 2003, without the need for further
notice from Seller.


 


2.                                       Other
Matters of Agreement. 


 


(a)                                  This
Amendment may be executed in any number of counterparts, each of which will be
deemed to be an original, but all of which together will constitute one
instrument.


 


(b)                                 Except to the extent modified hereby, all
provisions of the Agreement as previously amended shall remain in full force
and effect.


 


 


	
  Seller:

  	
  Buyer:

  
	
   

  	
   

  
	
  H. G. FENTON
  COMPANY, a California

  corporation

  	
  BIOSITE INCORPORATED,
  a Delaware

  corporation

  
	
   

  	
   

  
	
   

  	
   

  
	
  By:

  	
   /s/ Michael P. Neal

  	
   

  	
  By:

  	
  /s/ Michael Dunbar

  	
   

  
	
  Its:

  	
   President and CEO

  	
   

  	
  Its:

  	
  Director of
  Facilities

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  By:

  	
   /s/ Allen Jones

  	
   

  	
  By:

  	
   

  	
   

  
	
  Its:

  	
   Vice President

  	
   

  	
  Its:
* 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. 06-40122 Summary Calendar

BRYAN PATRICK, Plaintiff-Appellant,
versus U.S. ATTORNEY JANE J. BOYLE; ASSISTANT FEDERAL ATTORNEY JASON HAWKINS; ADMINISTRATOR FRANK HOKE, Defendants-Appellees.

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

No. 6:05-CV-32

--------------------
Before SMITH, WIENER, and OWEN, Circuit Judges. PER CURIAM: * State prisoner Bryan Patrick moves for leave to proceed in forma pauperis (“IFP”) on appeal following the dismissal, as frivolous, of his 42 U.S.C. § 1983 civil rights complaint. See 28 U.S.C. § 1915(e)(2)(B)(i). We construe the motion as a challenge to the district court’s determination that the appeal is United States Court of Appeals

Fifth Circuit 

## F I L E D October 3, 2006 Charles R. Fulbruge III ClerkNo. 06-40122 -2- not taken in good faith. See Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997). Contrary to Patrick’s argument, the district court’s written
reasons sufficiently show that its certification decision was based
on its conclusion that the underlying complaint is frivolous. See id. at 202 n.21. Patrick’s argument that denial of IFP status would deny him access to the courts also is meritless. See Day v. Allstate Ins. Co. , 788 F.2d 1110, 1114 (5th Cir. 1986); Carson v. Johnson , 112 F.3d 818, 821 (5th Cir. 1997). Patrick’s motion does not directly challenge the district court’s reasons for finding his complaint frivolous. Failure to identify an error in the district court’s analysis has the same effect as though the appellant had not appealed at all. Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987). Although pro se briefs are liberally construed, even pro se litigants must brief arguments to preserve them. Yohey v. Collins , 985 F.2d 222, 225 (5th Cir. 1993). The instant appeal is without arguable merit and is frivolous. Accordingly, Patrick’s request for IFP status is denied, and the appeal is dismissed. See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR . R. 42.2. Patrick is cautioned that the dismissal of his complaint by the district court and our dismissal of this appeal as frivolous both count as strikes under 28 U.S.C. § 1915(g). See Adepegba v. Hammons , 103 F.3d 383, 385-87 (5th Cir. 1996). Patrick also is cautioned that if he accumulates three strikes under § 1915(g), he may not proceed IFP in any civil actionNo. 06-40122 -3-
or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See § 1915(g). MOTION FOR IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.
Suite 700
                                                            1000 Wilshire Blvd.
                                                     Los Angeles, CA 90017-2464
                                                                   213 627-1717
                                                               FAX 213 624-6793

                                                          GRANT THORNTON (LOGO)

                                            GRANT THORNTON LLP  Accountants and
                                                         Management Consultants
                                                        The U.S. Member Firm of
                                                   Grant Thornton International

REPORT OF INDEPENDENT ACCOUNTANTS ON MANAGEMENT'S ASSERTION ON COMPLIANCE WITH
MINIMUM SERVICING STANDARDS SET FORTH IN THE UNIFORM SINGLE ATTESTATION PROGRAM
FOR MORTGAGE BANKERS

Board of Directors
Countrywide Credit Industries, Inc.

We have examined  management's  assertion about Countrywide  Credit  Industries,
Inc. and Subsidiaries (which includes its wholly-owned  subsidiary,  Countrywide
Home Loans,  Inc.  formerly  Countrywide  Funding  Corporation)  ("the Company")
compliance  with the minimum  servicing  standards  identified  in the  Mortgage
Bankers Association of America's UNIFORM SINGLE ATTESTATION PROGRAM FOR MORTGAGE
BANKERS  (USAP) as of and for the year ended  February 28, 1997  included in the
accompanying  management assertion.  Management is responsible for the Company's
compliance with those minimum  servicing  standards.  Our  responsibility  is to
express an opinion on management's assertion about the entity's compliance based
on our examination.

Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly, included
examining, on a test basis, evidence about the Company's compliance with the
minimum servicing standards and performing such other procedures as we
considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion.  Our examination does not provide
a legal determination on the Company's compliance with the minimum servicing
standards.

In our opinion, management's assertion that Countrywide Credit Industries, Inc.
and Subsidiaries (which includes wholly-owned subsidiary, Countrywide Home
Loans, Inc.) complied with the aforementioned minimum servicing standards as of
and for the year ended February 28, 1997 is fairly stated, in all material
respects.

/s/Grant Thornton LLP
Los Angeles, California
April 22, 1997
Case 3:05-cv-01328-L Document 291 Filed 02/28/07 Page 1 of 4 PageID 2335
 

 Case 3:05-cv-01328-L Document 291 Filed 02/28/07 Page 2 of 4 PageID 2336
 

 Case 3:05-cv-01328-L Document 291 Filed 02/28/07 Page 3 of 4 PageID 2337
 

 Case 3:05-cv-01328-L Document 291 Filed 02/28/07 Page 4 of 4 PageID 2338
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-51072 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MARGARITA CARRILLO-HERNANDEZ, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-97-CR-563-H

- - - - - - - - - - June 19, 1998 Before REAVLEY, KING and DAVIS, Circuit Judges. PER CURIAM: * Margarita Carrillo-Hernandez (“Carrillo”) appeals her conviction for importing marijuana and possession of marijuana with intent to distribute. She argues that the evidence was insufficient to support the inference that she knew the automobile she was driving contained marijuana. Because Carrillo renewed her motion for directed verdict at the close of all evidence, we review the sufficiency of the evidence to determine whether “a rational trier of fact could have found that the evidence established the essential elementsNo. 97-51072 -2- of the offense beyond a reasonable doubt.” United States v. Lopez , 74 F.3d 575, 577 (5th Cir. 1996). Based on evidence of Carrillo’s sole control over the automobile, nervous behavior, inconsistent statements, and implausible explanations for her actions, we hold that sufficient evidence exists to support the inference that she had knowledge of the hidden marijuana. See United States v. Pineda-Ortuno , 952 F.2d 98, 102 (5th Cir. 1992) (defendant’s guilty knowledge inferred from control over vehicle, nervous behavior, conflicting statements, and implausible explanation); United States v. Diaz-Carreon , 915 F.2d 951, 954-55 (5th Cir. 1990)(same); United States v. Anchondo-Sandoval , 910 F.2d 1234, 1237 (5th Cir. 1990) (defendant’s guilty knowledge inferred from control over vehicle, conflicting statements, and implausible explanations). Carrillo also argues that the district court committed reversible error by refusing to give her requested jury instruction, which defined the term “knowingly.” As Carrillo objected to the district court’s refusal at trial, we review the district court’s decision for abuse of discretion. United States v. Sanchez-Sotelo , 8 F.3d 202, 212 (5th Cir. 1993). When confronted with the identical issue in Sanchez-Sotelo , this court held that “knowingly,” as used in 21 U.S.C. § 841(a)(1), is used in its common meaning and, therefore, it was not an abuse of discretion to refuse to include a definition of “knowingly” in the jury instructions. Id. Accordingly, we holdNo. 97-51072 -3- that the district court in this case also did not abuse its discretion. The judgment of the district court is AFFIRMED.
# C_2018083EN.01001802.xml

| 5.3.2018 | EN | Official Journal of the European Union | C 83/18 |
| --- | --- | --- | --- |

5.3.2018

EN

Official Journal of the European Union

C 83/18

---

Order of the President of the Court of 14 November 2017 (request for a preliminary ruling from the Amtsgericht Hamburg — Germany) — Andreas Niemeyer v Brussels Airlines SA/NV

(Case C-269/17) (1)

1

(2018/C 083/26)

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 318, 25.9.2017.

1

---
Exhibit
32.1
 
 **CERTIFICATION
PURSUANT TO**
 **18
U.S.C. SECTION 1350,**
 **AS
ADOPTED PURSUANT TO**
 **SECTION
906 OF THE SARBANES-OXLEY ACT OF 2003**
 
 In
connection with the Quarterly Report of SmartMetric, Inc. (the “Company”) on
Form 10-QSB/A for the quarter ended December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Colin
Hendrick, Chief Executive Officer and Chief Financial 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 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.
 
 
 /s/
      Colin HendrickColin
      Hendrick, Chief Executive Officer, Chief Financial
  OfficerSmartMetric,
      Inc.May
      27, 2005
Exhibit 32



V. I. Technologies, Inc.

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)



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), the undersigned officer of V.I. Technologies, Inc., a Delaware corporation (the Company), does hereby certify,
to such officers knowledge, that:



The Annual Report for
the year ended December 31, 2004 (the Form 10-K) of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Form 10-K fairly presents, in all
material respects, the financial condition and results of operations of the Company.



Date: March 2, 2005



/s/ John R. Barr

---

John R. Barr

Chief
Executive Officer and acting Chief Financial Officer



A signed original of this
written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
S. Con. Res. 23 Agreed to December 8, 2021

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Sunday, 

the third day of January, two thousand and twenty one 

Concurrent Resolution 

Resolved by the Senate (the House of Representatives concurring), That in recognition of the long and distinguished service 

rendered to the Nation by Robert Joseph Dole, a Senator from 

the State of Kansas, his remains be permitted to lie in state in 

the rotunda of the Capitol on Thursday, December 9, 2021, and 

the Architect of the Capitol, under the direction of the President 

pro tempore of the Senate and the Speaker of the House of Representatives, shall take all necessary steps for the accomplishment 

of that purpose. 

Attest: 

Secretary of the Senate. 

Attest: 

Clerk of the House of Representatives.
Shelly PONIATOWSKI, DOC #H19579, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-895

District Court of Appeal of Florida, Second District.

Opinion filed November 21, 2018

PER CURIAM.

Affirmed.

NORTHCUTT, KHOUZAM, and BADALAMENTI, JJ., Concur.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

MICHAEL LOU GARRETT,

Petitioner,

VS.

DOUGLAS DRETKE, Director, Texas

Department of Criminal Justice,

Correctional Institutions Division, 

ET AL.,

Respondents.

)

)

)

) MISCELLANEOUS NO.

)

) 3:05-MC-0110-G

)

)

)

)

)

)

ORDER

After making the review required by 28 U.S.C. § 636(b), the court finds that

the findings, conclusions, and recommendation of the Magistrate Judge are correct,

and they are adopted as the findings and conclusions of the court.

SO ORDERED.

November 15, 2005.

 

 Case 3:05-mc-00110-G Document 3 Filed 11/15/05 Page 1 of 1 PageID 7
--~• -~ ~- ~ = =- a= 

1 _:1_ D\'.~T!nCT C:OCRT 

t:OR11·:r ]('-' Dl'.)T!<.IC r OF TEXAS 

. ! I. 

IN THE UNITED STATES DISTRICT COURT 1,\/\Y 31 2022 

NORTFHOERR: :oI:TTHR~CI~Io:Io~XAS LCl~~l~LS ur:;1,~:-rcoURT 

ANTHONY STEVEN AGUILAR, § 

§ 

Movant, § 

§ 

VS. § NO. 4:21-CV-011-A 

§ (NO. 4:05-CR-195-A) 

UNITED STATES OF AMERICA, § 

§ 

Respondent. § 

FINAL JUDGMENT 

Consistent with the court's order signed this date, 

The court ORDERS, ADJUDGES, and DECREES that the motion of 

movant, Anthony Steven Aguilar, for compassionate release be, 

and is hereby, denied. 

SIGNED May 31, 2022. 

Case 4:05-cr-00195-A Document 810 Filed 05/31/22 Page 1 of 1 PageID 5476
##### 



Subsidiary
    
    Jurisdiction of OrganizationAAC Consulting Group, Inc.
    
    MarylandACER/EXCEL INC.
    
    New JerseyBeijing KendleWits Medical Consulting Co., Ltd.
    
    ChinaKendle Americas Holding Inc.
    
    OhioKendle Americas Investment Inc.
    
    OhioKendle Americas Management Inc.
    
    OhioKendle Argentina S.R.L.
    
    ArgentinaKendle Branches Limited
    
    United KingdomKendle Brasil Servicios de Pesquisas Clinicas Ltda.
    
    BrazilKendle Canada Inc.
    
    CanadaKendle Chile Limitada
    
    ChileKendle Clinical Development Services Limited
    
    United KingdomKendle Colombia Ltda.
    
    ColombiaKendle CTA Limited
    
    United KingdomKendle Czech Republic s.r.o.
    
    Czech RepublicKendle Delaware Inc.
    
    DelawareKendle GmbH
    
    GermanyKendle India Private Limited
    
    IndiaKendle International B.V.
    
    The NetherlandsKendle International CPU LLC
    
    OhioKendle International Holdings Limited
    
    United KingdomKendle International Holdings Pty Limited
    
    AustraliaKendle International Israel Ltd.
    
    IsraelKendle International Limited
    
    United KingdomKendle International Ltda.
    
    BrazilCharles River Laboratories Clinical Services Pty Limited
    
    AustraliaKendle International s.r.o.
    
    Czech RepublicKendle International SARL
    
    France




---



##### 



Subsidiary
    
    Jurisdiction of OrganizationKendle International S.L.
    
    SpainKendle International Sp. z o.o.
    
    PolandKendle International SRL
    
    ItalyKendle International, S.A. de C.V.
    
    MexicoKendle NC Inc.
    
    North CarolinaKendle Peru S.R.L.
    
    PeruKendle Pty Limited
    
    AustraliaKendle R&D Pty Limited
    
    AustraliaKendle R&D Unit Trust
    
    AustraliaKendle Servicios, S.A. de C.V.
    
    MexicoKendle South Africa (Proprietary) Limited
    
    South AfricaKendle Sweden AB
    
    SwedenKendle U.K. Limited
    
    United KingdomKendle Unit Trust
    
    AustraliaPharma Clinical Research Limited
    
    United KingdomU-Gene Clinical Research B.V.
    
    The NetherlandsU-Gene Research Biotechnology B.V.
    
    The Netherlands
CERTIFICATION PURSUANT TO
            SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, John Michael Coombs, Chairman of the Board, President, Chief Executive
Officer, and CFO (Principal Accounting and Financial Officer) of Valley High
Mining Company (the "Registrant"), hereby certify that:

1. I have reviewed this Quarterly Report on Form 10-QSB of the Registrant;

2. Based on my knowledge, this Quarterly 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 Quarterly Report;

3. Based on my knowledge, the financial statements, and other financial
information included in this Quarterly 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 Quarterly Report;

4. As the Registrant's certifying officer, I am responsible for establishing
and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-14 and 15d-14) for the Registrant and I have:

a) designed such disclosure controls and procedures to ensure that material
information relating to the Registrant, including any consolidated subsidiary,
is made known to me by others within those entities, particularly during the
period in which this Quarterly Report is being prepared;

b) evaluated the effectiveness of the Registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
Quarterly Report (the "Evaluation Date"); and

c) presented in this Quarterly Report, the Registrant's conclusions about the
effectiveness of the disclosure controls and procedures based on our
evaluation as of the Evaluation Date;

5. As the Registrant's certifying officer, I have disclosed, based on our most
recent evaluation, to the Registrant's auditors and the audit committee of
Registrant's board of directors (or persons performing the equivalent
function):

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

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the Registrant's internal controls.

Dated: November 13, 2006              /s/ John Michael Coombs
                                      -------------------------------
                                      John Michael Coombs,
                                      CEO, President, CFO, and
                                      Chairman of the Board