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that this opinion should not be published and is not precedent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.

United States Court of Appeals

Fifth Circuit

FILED

November 21, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-40618

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE MONTOYA-RUBIO,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-02-CR-500-1

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

Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.

PER CURIAM:*

Jose Montoya-Rubio (Montoya) appeals his sentence following

his guilty plea conviction for being found in the United States

after deportation. He contends that the district court plainly

erred in imposing a 16-level enhancement at sentencing under

U.S.S.G. § 2L1.2(b)(1)(A)(ii), based on his prior conviction for

felony robbery, a crime of violence. We agree.

The guideline requires that the defendant must have been

deported after the felony or that he remained in the United States
1 See United States v. Alarcon, 261 F.3d 416, 423 (5th Cir.

2001), cert. denied, 534 U.S. 1099 (2002). 

2 530 U.S. 466 (2000).

3 523 U.S. 224 (1998).

4 See United States v. Dabeit, 231 F.3d 979, 984 (5th Cir.

2000). 

2

in contravention of a remand order issued after the conviction.

Montoya was deported in November 1999; he was placed on deferred

adjudication for the robbery in August 2000 and was adjudicated

guilty in February 2002. Accordingly, he was not deported after

the felony and he did not remain in the United States in

contravention of a remand order issued after the conviction. As

the government concedes, these circumstances make Montoya

ineligible for the 16-level enhancement and his sentence

constitutes plain error.1 Consequently, the sentence imposed by

the district court is VACATED and the case is REMANDED for

resentencing.

Montoya also asserts for the first time on appeal that 8

U.S.C. § 1326(b) is unconstitutional in light of Apprendi v. New

Jersey.

2 In light of the recommended remand, this issue is

arguably moot. Moreover, as Montoya concedes, his argument is

foreclosed by Almendarez-Torres v. United States,

3 but he raises

the issue to preserve it for Supreme Court review.4 The judgment

of the district court is AFFIRMED as to this ground.
**Exhibit 32.2**

 

CERTIFICATION

PURSUANT TO 18U.S.C. SECTION 1350,

AS ADOPTED BY SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

I, Gerald M. Sherer, asChief Financial Officer of Refco Group Ltd., LLC and Refco Finance Inc. (together,the “Company”), certify, pursuant to 18 U.S.C. § 1350, as adoptedby Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

 

(1) the accompanyingQuarterly Report on Form 10-Q for the period ending May 31, 2005 asfiled with the U.S. Securities and Exchange Commission (the “Report”)fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

 

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

 

 
| Dated: July 15,  2005 |
|----------------------------|
|                       |
|                       | /s/ Gerald M. Sherer |   |
|                       | Gerald M. Sherer |
|                       | Chief Financial Officer |

 

1

----
EXHIBIT 32.1


     CERTIFICATION PURSUANT TO 8 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 SLM Holdings, Inc. (the "Registrant")
on Form 10-QSB for the quarter ended June 30, 2007, as filed with the Securities
and Exchange Commission on the date hereof, I, Jason Bishara, Executive Chairman
of the Registrant, 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 and belief:

          (1) The Quarterly 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 Quarterly Report fairly presents,
     in all material respects, the financial condition and result of operations
     of the Registrant.



Date: August 17, 2007                              By: /s/ Jason Bishara
                                                      --------------------------
                                                       Jason Bishara
                                                       Executive Chairman
                                                       (Principal Executive
                                                       Officer and Principal
                                                       Financial Officer)
STATE of Florida, Appellant/Petitioner(s), v. Angelina C. ALOMAR-CRUZ, Appellee/Respondent(s).

CASE NO.: 2D18-2243

District Court of Appeal of Florida, Second District.

April 11, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Certiorari is dismissed.
Thomas REESE, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-2288

District Court of Appeal of Florida, Second District.

Opinion filed May 29, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 38

- Filed Under Seal -

Case 5:17-cv-00551-LHK Document 285-39 Filed 10/18/18 Page 1 of 1
**Exhibit
      32.2**





Certification
      of Chief Financial Officer 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 VirtualScopics, Inc. (the “Company”) on
      Form 10-QSB for the quarter ended March 31, 2007 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I Molly
      Henderson ,
      as
      Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C.
      Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
      of
      2002 to the best of my knowledge, that:





(3)
            The
                Report fully complies with the requirements of Section 13(a) or 15(d)
                of
                the Securities Exchange Act of 1934;
                and





(4)
            The
                information contained in the Report fairly presents, in all material
                respects, the financial condition and result of operations of the
                Company.




Date: May
      15,
      2007






/s/
      Molly
      Henderson





Molly
      Henderson


Chief
      Financial Officer and Vice President of Finance





This
      Certification accompanies this Report pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
      purposes of Section 18 of the Securities Exchange Act of 1934, as
      amended.
Jontrell Vernod JACKSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-1933

District Court of Appeal of Florida, Fifth District.

Decision filed May 28, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Exhibit 32.2


Certification of Principal Financial Officer


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





In connection with the Annual Report on Form 10-K for the year ended December 31, 2010 (the “Report”) of United States 12 Month Oil Fund, LP (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Howard Mah, the Chief Financial Officer of United States Commodity Funds LLC, General Partner of the Registrant, hereby certify, to the best of 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, as amended; and





(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.





Date: March 14, 2011
By:
/s/ Howard MahName:

Title:
Howard Mah

Chief Financial Officer

United States Commodity Funds LLC,

General Partner of United States 12 Month Oil Fund, LP
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 381 Agreed to Senate (ATS)]

<DOC>

117th CONGRESS
  1st Session
S. RES. 381

Proclaiming the week of September 20 through September 24, 2021, to be 
                    ``National Clean Energy Week''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2021

 Ms. Collins (for herself, Ms. Cantwell, Mr. Portman, Mr. Manchin, Mr. 
Braun, Mrs. Shaheen, Mr. Graham, Ms. Rosen, Mr. Romney, Mr. Coons, Ms. 
 Ernst, Mr. King, Mr. Burr, Mr. Whitehouse, and Mr. Tillis) submitted 
      the following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Proclaiming the week of September 20 through September 24, 2021, to be 
                    ``National Clean Energy Week''.

Whereas, across the United States, clean and readily abundant forms of energy 
        are powering more homes and businesses than ever before;
Whereas clean energy generation is readily available from zero- and low-
        emissions sources;
Whereas the clean energy sector is a growing part of the economy and has been a 
        key driver of economic growth in the United States in recent years;
Whereas technological innovation can further reduce costs and increase 
        deployment of clean energy sources;
Whereas the ``2021 U.S. Energy and Employment Report'' published by the 
        Department of Energy found that, at the end of 2020, the energy and 
        energy efficiency sectors in the United States employed approximately 
        7,500,000 individuals;
Whereas the scaling of clean energy is essential to reducing emissions;
Whereas clean energy jobs are inherently local, contribute to the growth of 
        local economies, and cannot be outsourced due to the on-site nature of 
        construction, installation, and maintenance; and
Whereas innovative clean energy solutions and clean energy jobs are part of the 
        energy future of the United States: Now, therefore, be it
    Resolved, That the Senate--
            (1) proclaims the week of September 20 through September 
        24, 2021, to be ``National Clean Energy Week'';
            (2) encourages individuals and organizations across the 
        United States to support commonsense solutions that address the 
        economic, environmental, and energy needs of the United States 
        in the 21st century;
            (3) encourages the Federal Government, States, 
        municipalities, and individuals to invest in clean, low-
        emitting energy technologies; and
            (4) recognizes the role of entrepreneurs and small 
        businesses in ensuring the energy leadership of the United 
        States in the global marketplace and supporting low-cost, 
        clean, and reliable energy in the United States.
                                 <all>
```
# L_2018048DE.01004402.xml

| 21.2.2018 | DE | Amtsblatt der Europäischen Union | L 48/44 |
| --- | --- | --- | --- |

21.2.2018

DE

Amtsblatt der Europäischen Union

L 48/44

---

Berichtigung der Verordnung (EU) 2017/625 des Europäischen Parlaments und des Rates vom 15. März 2017 über amtliche Kontrollen und andere amtliche Tätigkeiten zur Gewährleistung der Anwendung des Lebens- und Futtermittelrechts und der Vorschriften über Tiergesundheit und Tierschutz, Pflanzengesundheit und Pflanzenschutzmittel, zur Änderung der Verordnungen (EG) Nr. 999/2001, (EG) Nr. 396/2005, (EG) Nr. 1069/2009, (EG) Nr. 1107/2009, (EU) Nr. 1151/2012, (EU) Nr. 652/2014, (EU) 2016/429 und (EU) 2016/2031 des Europäischen Parlaments und des Rates, der Verordnungen (EG) Nr. 1/2005 und (EG) Nr. 1099/2009 des Rates sowie der Richtlinien 98/58/EG, 1999/74/EG, 2007/43/EG, 2008/119/EG und 2008/120/EG des Rates und zur Aufhebung der Verordnungen (EG) Nr. 854/2004 und (EG) Nr. 882/2004 des Europäischen Parlaments und des Rates, der Richtlinien 89/608/EWG, 89/662/EWG, 90/425/EWG, 91/496/EWG, 96/23/EG, 96/93/EG und 97/78/EG des Rates und des Beschlusses 92/438/EWG des Rates (Verordnung über amtliche Kontrollen)

(
  Amtsblatt der Europäischen Union L 95 vom 7. April 2017
  )

Seite 50, Artikel 45 Absatz 1:

Anstatt:

„(1)   Werden die amtlichen Kontrollen gemäß Artikel 42 Absatz 1 durchgeführt, so schließen sie Folgendes ein:“

muss es heißen:

„(1)   Werden die amtlichen Kontrollen gemäß Artikel 44 Absatz 1 durchgeführt, so schließen sie Folgendes ein:“.

---
McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

ATTORNEYS AT LAW

3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523

TELEPHONE: (925) 939-5330

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STIPULATION AND ORDER DISMISSING 

ENTIRE ACTION, WITH PREJUDICE, C17-228 

JCS 

NOAH G. BLECHMAN (State Bar No. 197167)

noah.blechman@mcnamaralaw.com 

AMY S. ROTHMAN (State Bar No. 308133) 

amy.rothman@mcnamaralaw.com MCNAMARA, NEY, BEATTY, SLATTERY

,

BORGES & AMBACHER LLP 

3480 Buskirk Avenue, Suite 250 

Pleasant Hill, CA 94523 

Telephone: (925) 939-5330 

Facsimile: (925) 939-0203 

Attorneys for Defendants 

CITY OF PITTSBURG, and OFFICER MICHAEL KEEFE 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

WORSTEN ANDREWS,

Plaintiff, 

vs. 

CITY OF PITTSBURG, a municipal 

corporation; OFFICER MICHAEL KEEFE, 

individually and in his Official Capacity as 

a Police Officer for the CITY OF 

PITTSBURG; DOES 1-50, inclusive; 

individually and in their official capacities 

and POLICE OFFICERS for the CITY OF 

PITTSBURG, 

Defendant. 

Case No. C17-228 JCS

STIPULATION AND [PROPOSED] 

ORDER DISMISSING ENTIRE ACTION, 

WITH PREJUDICE 

Judge: Hon. Joseph C. Spero 

The relevant parties, by and through their respective attorneys of record, hereby stipulate 

and jointly request an Order from the Court to a dismissal of the Plaintiff’s Complaint, the entire 

action, against Defendants CITY OF PITTSBURG and OFFICER MICHAEL KEEFE, and any 

and all employees and/or agents of the City of Pittsburg, with prejudice. Each party agrees to 

bear its own fees and costs as to this dismissal 

/ / / 

/ / / 

Case 3:17-cv-00228-JCS Document 77 Filed 08/27/19 Page 1 of 2
McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

ATTORNEYS AT LAW

3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523

TELEPHONE: (925) 939-5330

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STIPULATION AND ORDER DISMISSING 

ENTIRE ACTION, WITH PREJUDICE, C17-228 

JCS 

2

The parties attest that concurrence in the filing of these documents has been obtained from 

each of the other Signatories, which shall serve in lieu of their signatures on the document. 

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 

Dated: August 26, 2019 Law Offices of Brittany Hendrix-Smith 

By: /s/ Smith, Brittany H. 

 Brittany H. Smith 

 Attorney for Plaintiff, 

 WORSTEN ANDREWS 

Dated: August 26, 2019 

MCNAMARA, NEY, BEATTY, SLATTERY,

BORGES & AMBACHER LLP

By: /s/ Rothman, Amy 

Noah G. Blechman 

Amy S. Rothman 

Attorneys for Defendants 

City of Pittsburg and Officer Michael Keefe 

ORDER 

PURSUANT TO STIPULATION AND REQUEST, IT IS ORDERED AS FOLLOWS: 

The Court hereby dismisses this entire action, with prejudice, as to all claims alleged by 

Plaintiff. Each party to bear its own fees and costs as to this dismissal. 

IT IS SO ORDERED 

Dated: _____________, 2019 By: 

Hon. Joseph C. Spero 

U.S. Chief Magistrate Judge 

August 27

Case 3:17-cv-00228-JCS Document 77 Filed 08/27/19 Page 2 of 2
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 Tagalder Global Investment, Inc. (the "Company") on Form 10-QSB for the period ending Mach 31, 2006 (the "Report"), I, Chun Ka Tsun, Chief Executive 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:  1) The Report fully complies with the requirement 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 Company's financial position and results of operations.  /s/Chun Ka TsunChun Ka Tsun, Chief Executive Officer May 25, 2007
[LETTERHEAD OF MONTEITH, MONTEITH & CO.]

                                                                AUDITORS' REPORT

To the Shareholders of
  Alexa Ventures Inc.:

We have audited the consolidated balance sheets of Alexa Ventures Inc. as at
September 30th, 1999 and 1998 and the consolidated statements of operations and
retained earnings, and changes in cash position for the years then ended. These
financial statements are the responsibility of the company's management. Our
responsibility is to express an opinion on these financial statements based on
our audits.

We conducted our audits in accordance with generally accepted auditing
standards. Those standards require that we plan and perform an audit to obtain
reasonable assurance whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.

In our opinion, these financial statements present fairly in all material
respects, the financial position of Alexa Ventures Inc. as at September 30th,
1999 and 1998 and the results of its operations and the changes in its cash
position for the years then ended in accordance with generally accepted
accounting principles.


CHARTERED ACCOUNTANTS.

'Monteith, Monteith & Co.


Stratford, Ontario,
February 2nd, 2000.
EXHIBIT 11
                            U.S.B. HOLDING CO., INC.
                    COMPUTATION OF EARNINGS PER COMMON SHARE

             FOR THE THREE AND NINE MONTHS ENDED SEPTEMBER 30, 1999

                                                   Three Months    Nine Months
                                                      Ended           Ended
                                                  Sept. 30, 1999  Sept. 30, 1999
                                                  --------------  --------------
                                                     (000's, except share data)

Numerator:
   Net income                                       $     4,428    $    11,886
   Less preferred stock dividends                            --             11
                                                    ===========    ===========

   Net income available to common stockholders
      for basic and diluted earnings per share      $     4,428    $    11,875
                                                    ===========    ===========

Denominator:
   Denominator for basic earnings per common
      share - weighted average shares                15,883,388     15,907,163

   Effects of dilutive securities:
      Director and employee stock options               607,581        642,328
      Restricted stock not vested                         5,041          5,037
                                                    -----------    -----------
   Total effects of dilutive securities                 612,622        647,365
                                                    -----------    -----------
   Denominator for diluted earnings per common
      share - adjusted weighted average shares       16,496,010     16,554,528
                                                    ===========    ===========

   Basic earnings per common share                  $      0.28    $      0.75
                                                    ===========    ===========
   Diluted earnings per common share                $      0.27    $      0.72
                                                    ===========    ===========
EXHIBIT 32: Rule 13a-14(b) Certification

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, the undersigned officers of Iron Star
Development, Inc. (the "Company") certify that:

     1. The Quarterly Report on Form 10-QSB/A (Amendment No. 1) of the
Company for the period ended June 30, 2006 (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 78o(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.

November 13, 2006
                                      /s/ Tian Ling
                                      ----------------------------------
                                      Tian Ling (Chief Executive Officer)

                                      /s/ Du Song
                                      ----------------------------------
                                      Du Song (Chief Financial Officer)
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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MAQUET CARDIOVASCULAR LLC,

Plaintiff,

v.

SAPHENA MEDICAL, INC., et al.,

Defendants.

Case No.16-cv-07213-WHA (JSC)

ORDER DIRECTING PARTIES TO 

ATTEND FURTHER SETTLEMENT 

CONFERENCE

This action settled after a day-long settlement conference on October 3, 2017. As of the 

date of this Order the parties have still not filed a stipulation of dismissal. On December 26, 2017,

the district court issued an Order to Show Cause regarding the parties’ failure to do so. 

Accordingly, the parties are ordered to appear in person on Friday, January 5, 2018 at 

11:00 a.m. in Courtroom F at 450 Golden Gate Avenue, San Francisco for a further settlement 

conference. Lead trial counsel along with the client representative who will be signing the 

settlement agreement shall attend the conference. The Court will vacate the conference upon the 

parties’ joint representation that the Agreement has been signed.

IT IS SO ORDERED.

Dated: January 3, 2018

JACQUELINE SCOTT CORLEY

United States Magistrate Judge

Case 3:16-cv-07213-WHA Document 176 Filed 01/03/18 Page 1 of 1