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

No. 1D18-3097

District Court of Appeal of Florida, First District.

July 9, 2019

Jeremy Hicks, pro se, Appellant.

Ashley Moody, Attorney General, and Michael McDermott, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

*253Jeremy Hicks entered a negotiated guilty plea to three counts of lewd or lascivious battery on a person under 16 and was sentenced to thirty years imprisonment. Hicks filed a postconviction motion alleging five grounds for relief, all of which the trial court denied without evidentiary hearing. We find that the record attachments to the order, including the transcript of Hicks' plea colloquy and the signed plea form, do not conclusively show that Hicks is entitled to no relief in grounds two and five of his motion, which alleged that his counsel was ineffective for failing to move to suppress incriminating statements he made to law enforcement after officers violated his *Miranda** rights. Fla. R. Crim. P. 3.850(f)(5). We therefore reverse this portion of the order and remand for an evidentiary hearing on this claim. Fla. R. App. P. 9.141(b)(2)(D). *See**Wilson v. State* , 871 So. 2d 298, 299 (Fla. 1st DCA 2004) ("Appellant's entry of a plea, plea colloquy, and other record attachments do not conclusively refute his first claim that his counsel failed to investigate evidence that would have supported a motion to suppress incriminating statements he gave to police while in custody without being informed of his *Miranda* rights, and that his counsel should have filed a motion to suppress."). We affirm the trial court's summary denial of Hicks' three other claims.

AFFIRMED in part, REVERSED in part, and REMANDED .

Wetherell, Osterhaus, and Winokur, JJ., concur.

*

*Miranda v. Arizona* , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
Exhibit
34.1






















Report of
Independent Registered Public Accounting Firm




The
Board of Directors


U.S.
Bank National Association






We
have examined management's assertion, included in the accompanying Report on
Compliance with Applicable Servicing Criteria Pursuant to Item 1122 of
Regulation AB under the Securities Exchange Act of 1934, that U.S. Bank National
Association (the Company) complied with the servicing criteria set forth in Item
1122(d) of the Securities and Exchange Commission's Regulation AB for the
Structured Repackaging platform (the Platform) as of December 31, 2009, and for
the period from January 1, 2009 through December 31, 2009, except for servicing
criteria 1122(d)(1)(i), 1122(d)(1)(iii), 1122(d)(2)(iii), 1122(d)(4)(i),
1122(d)(4)(vi), and 1122(d)(4)(ix)-(xv), which the Company has determined are
not applicable to the activities performed by them with respect to the servicing
Platform covered by this report. Management is responsible for the Company's
compliance with those servicing criteria. Our responsibility is to express an
opinion on management's assertion about the Company's compliance with the
servicing criteria based on our examination.




Our
examination was conducted in accordance with attestation standards established
by the American Institute of Certified Public Accountants, as adopted by the
Public Company Accounting Oversight Board (United States) and, accordingly,
included examining, on a test basis, evidence about the Company's compliance
with the applicable servicing criteria and performing such other procedures as
we considered necessary in the circumstances. Our examination included testing
of less than all of the individual asset-backed transactions and securities that
comprise the Platform, testing of less than all of the servicing activities
related to the Platform, and determining whether the Company processed those
selected transactions and performed those selected activities in compliance with
the servicing criteria. Furthermore, our procedures were limited to the selected
transactions and servicing activities performed by the Company during the period
covered by this report. Our procedures were not designed to determine whether
errors may have occurred either prior to or subsequent to our tests that may
have affected the balances or amounts calculated or reported by the Company
during the period covered by this report for the selected transactions or any
other transactions. 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 servicing criteria.



















1003-1138157
 A
member firm of Ernst &Young Global Limited
 1





In
our opinion, management's assertion that the Company complied with the
aforementioned servicing criteria as of December 31, 2009, and for the period
from January 1, 2009 through December 31, 2009, for the Structured Repackaging
platform is fairly stated, in all material respects.

















March
5, 2010

















Corporate Trust Repackaging
      Platform
 2
Timothy TYSON, Appellant, v. STATE of Florida, Appellee.

No. 1D18-3099

District Court of Appeal of Florida, First District.

May 16, 2019 Rehearing Denied July 11, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

                                   PURSUANT TO

                             18 U.S.C. SECTION 1350,

                             AS ADOPTED PURSUANT TO


                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2005

I, Iurie Bordian, President, Chief Executive Officer and Chief Financial Officer
of Emerging Media Holdings, Inc. (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 the Quarterly Report of the Company on Form 10-QSB for the six months
ended June 30, 2007, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), fully complies with the requirements of Section
13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company


                                    /s/Iurie Bordian
                                    ---------------------------------
                                    Iurie Bordian
                                    President
                                    Chief Executive Officer and Chief
                                    Financial Officer

                                    Dated: August 10, 2007
[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)]
[Notices]
[Page 20271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10118]



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


FEDERAL RESERVE SYSTEM

Northwest Bancorp, et al.; Formations of; Acquisitions by; and 
Mergers of Bank Holding Companies

    The companies listed in this notice have applied for the Board's 
approval under section 3 of the Bank Holding Company Act (12 U.S.C. 
1842) and Sec.  225.14 of the Board's Regulation Y (12 CFR 225.14) to 
become a bank holding company or to acquire a bank or bank holding 
company. The factors that are considered in acting on the applications 
are set forth in section 3(c) of the Act (12 U.S.C. 1842(c)).
    Each application is available for immediate inspection at the 
Federal Reserve Bank indicated. Once the application has been accepted 
for processing, it will also be available for inspection at the offices 
of the Board of Governors. Interested persons may express their views 
in writing to the Reserve Bank or to the offices of the Board of 
Governors. Any comment on an application that requests a hearing must 
include a statement of why a written presentation would not suffice in 
lieu of a hearing, identifying specifically any questions of fact that 
are in dispute and summarizing the evidence that would be presented at 
a hearing.
    Unless otherwise noted, comments regarding each of these 
applications must be received not later than May 19, 1995.
    A. Federal Reserve Bank of Cleveland (John J. Wixted, Jr., Vice 
President) 1455 East Sixth Street, Cleveland, Ohio 44101:
    1. Northwest Bancorp, MHC, Warren, Pennsylvania; to acquire 100 
percent of the voting shares of Jamestown Savings Bank, Lakeview, New 
York, a de novo bank.
    B. Federal Reserve Bank of Dallas (Genie D. Short, Vice President) 
2200 North Pearl Street, Dallas, Texas 75201-2272:
    1. Greater Brazos Valley Bancorp, Inc., College Station, Texas; to 
become a bank holding company by acquiring 100 percent of the voting 
shares of Greater Brazos Valley Delaware Bancorp, Inc., Dover, 
Delaware, and thereby indirectly acquire Commerce National Bank, 
College Station, Texas.
    In connection with this application Greater Brazos Valley Delaware 
Bancorp, Inc., Dover, Delaware, also has applied to become a bank 
holding company by acquiring 100 percent of the voting shares of 
Commerce National Bank, College Station, Texas.

    Board of Governors of the Federal Reserve System, April 19, 
1995.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 95-10118 Filed 4-24-95; 8:45 am]
BILLING CODE 6210-01-F
Exhibit 55

- Filed Under Seal -

Case 5:17-cv-00551-LHK Document 285-56 Filed 10/18/18 Page 1 of 1
# C_2018338EN.01000801.xml

| 21.9.2018 | EN | Official Journal of the European Union | C 338/8 |
| --- | --- | --- | --- |

21.9.2018

EN

Official Journal of the European Union

C 338/8

---

COUNCIL DECISION

of 18 September 2018

appointing the Executive Director of the European Union Intellectual Property Office

(2018/C 338/04)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (1) and in particular Article 158(2) thereof,

Whereas on 8 June 2018, a list of candidates to the post of the Executive Director of the European Union Intellectual Property Office (‘the Office’) was submitted to the Council by the Management Board of the Office,

HAS ADOPTED THIS DECISION:

Article 1

1.   Mr Christian L.L.G. ARCHAMBEAU, born in Vielsalm (Belgium) on 11 April 1960, is hereby appointed the Executive Director of the European Union Intellectual Property Office (‘the Office’) for a term of five years.

2.   The date on which the five-year term referred to in paragraph 1 commences shall be determined by the Management Board of the Office.

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 18 September 2018.

For the Council

The President

G. BLÜMEL

---

(1)  OJ L 154, 16.6.2017, p. 1.

1

---
Angela M. MOSLEY, Appellant, v. Rebeccah BELLER, as Personal Representative of the Estate of Mark G. Robbins, Appellee.

No. 1D17-4515

District Court of Appeal of Florida, First District.

June 13, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
AFH Holding IV, Inc. 10-K





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 Annual Report of AFH Holding IV, Inc. (the “Registrant”) on Form 10-K for the fiscal year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Amir F. Heshmatpour, 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 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 Registrant.





Dated: March 31, 2011
By:
/s/ Amir F. HeshmatpourAmir F. Heshmatpour

President, Secretary and Sole Director

(Principal Executive Officer)

(Principal Financial/Accounting Officer)
Exhibit 31.4



CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO EXCHANGE ACT RULE 13a-14(a)/15d-14(a)
AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Lane J. Castleton, certify that:



1. I have reviewed this Amendment No. 1
to Annual Report on Form 10-K/A of Abtech Holdings, Inc.; and



2. Based on my knowledge, this 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 report.



|Dated:  April 30, 2018 | /s/ Lane J. Castleton                                                                                                                                                 
|---------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------
|                       | Lane J. Castleton                                                                                                                                                     
|                       | Chief Financial Officer, Chief Accounting Officer,
        Vice President and Treasurer
        (Principal Financial Officer and Principal
        Accounting Officer)
Exhibit 21.1
 Subsidiaries of the Registrant
 
 SinoHub International, Inc., a Delaware corporation
 
 SinoHub Electronics Shanghai, Ltd., a PRC company, wholly owned by SinoHub International, Inc.
 
 SinoHub Electronics Shenzhen, Ltd., a PRC company, wholly owned by SinoHub International, Inc.
 
 SinoHub SCM Shenzhen, Ltd., a PRC company, wholly owned by SinoHub Electronics Shenzhen, Ltd.
 
 SinoHub SCM Shanghai, Ltd., a PRC company, wholly owned by SinoHub Electronics Shenzhen, Ltd.
 
 B2B Chips, Limited, a Hong Kong company, wholly owned by SinoHub Electronics Shenzhen Ltd.
 
 SinoHub Technology (Hong Kong) Limited, a Hong Kong company, wholly owned by B2B Chips, Limited.
 
 Topology Communication Technology (Shenzhen) Ltd., a PRC company, wholly owned by B2B Chips, Limited.
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28 CASE MANAGEMENT ORDER 

CASE NO. 4:17-00554-YGR

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

OAKLAND DIVISION 

IN RE RH, INC. SECURITIES 

LITIGATION, 

Case No. 4:17-cv-00554-YGR

CLASS ACTION 

[PROPOSED] CASE MANAGEMENT 

ORDER 

*As modified by the Court* 
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 1 

CASE MANAGEMENT ORDER 

CASE NO. 4:17-00554-YGR

On April 23, 2018, Lead Plaintiffs Public School Teachers’ Pension & Retirement Fund of 

Chicago and Arkansas Teacher Retirement System, together with Defendants RH, Gary Friedman 

and Karen Boone, appeared before the Court for a Case Management Conference. Having 

considered the parties’ Joint Case Management Conference Statement (ECF No. 79) and 

statements of counsel at the Case Management Conference, the Court orders that the following 

schedule applies to this action: 

Event Date 

Class certification motion due June 22, 2018 

Class certification opposition due August 3, 2018 

Class certification reply due August 31, 2018 

Class certification hearing September 25, 2018 at 2pm 

Fact discovery deadline January 31, 2019 

Rule 26(a)(2) expert disclosures and reports1 March 1, 2019 

Rule 26(a)(2) rebuttal expert disclosures and reports April 1, 2019 

Expert discovery deadline April 22, 2019 

Dispositive motions and Daubert motions due May 14, 2019 

Oppositions to dispositive and Daubert motions due June 11, 2019 

Replies ISO dispositive and Daubert motions due June 25, 2019 

Hearing on dispositive and Daubert motions July 16, 2019 at 2pm 

IT IS SO ORDERED. 

Dated: April __, 2018 

 

HONORABLE YVONNE GONZALEZ ROGERS 

UNITED STATES DISTRICT JUDGE 

 1

 All experts, retained and non-retained, must provide written reports compliant with 

FRCP 26(a)(2)(B).
Exhibit
32.1


Certification
of Principal Executive 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,
2009 (the “Report”) of United States 12 Month Natural Gas Fund, LP (the
“Registrant”), as filed with the Securities and Exchange Commission on the date
hereof, I, Nicholas D. Gerber, the President and Chief Executive 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 30, 2010
                By:
                /s/ Nicholas
      D. GerberName:
                  Title:
                Nicholas
      D. Gerber
                  President
      and Chief Executive Officer
                  United
      States Commodity Funds LLC,
                  General
      Partner of United States 12 Month Natural Gas Fund,
  LP
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 Quarterly  Report of Arch Management  Services Inc.
(the  "Registrant")  on Form 10-QSB for the period ending May 31, 2006, as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
the  undersigned,  Gilles Simard,  Chief  Financial  Officer of the  Registrant,
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to ss. 906 of
the Sarbanes-Oxley Act of 2002, that to his 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 Registrant.



Date:  July 17, 2006                    By: /s/ Gilles Simard
                                            ------------------------------------
                                            Name:  Gilles Simard
                                            Title: Chief Financial Officer
#### Debra DIXON, as Guardian, on behalf of Jonathan Leechow, Plaintiff-Appellant, v. SCHOOL BOARD OF DESOTO PARISH; Ronnie Land, Individually and as Employee, DeSoto Parish School Board; Diane Troquille, Individually and as Employee, DeSoto Parish School Board; Charles Hazard, Individually and as Employee, DeSoto Parish School Board; Clinton Wysinger, Individually and as Employee, DeSoto Parish School Board; Coregis Insurance Co.; Walter Lee, Individually and In His Capacity as Superintendent, DeSoto Parish School Board, Defendants-Appellees.

No. 03-30990.

United States Court of Appeals, Fifth Circuit.

May 7, 2004.

Dick Dee Knadler, Gary Evans *&*Associates, Stonewall, LA, Johnny Dee Knadler, San Francisco, CA, for Plaintiff-Appellant.

Robert Kennedy, Jr., Cook, Yancey, King & Galloway, Shreveport, LA, for Defendants-Appellees.

Before HIGGINBOTHAM, DENNIS, and CLEMENT, Circuit Judges.

*248PER CURIAM.*

AFFIRMED. *See*5th Cir. R. 47.6.

*

 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 of America, Plaintiff-Appellee, v. Don Frederick SCHUTT, Defendant-Appellant.

No. 03-41491.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 17, 2004.

Alan L. Hechtkopf, Robert E. Lindsay, Washington, DC, for Plaintiff-Appellee.

Amy R. Blalock, Assistant Federal Public Defender, Joe J. Monsivais, Assistant Federal Public Defender, Federal Public Defender’s Office, Tyler, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.

PER CURIAM.*

Don Frederick Schutt appeals from his conviction following a jury trial on two counts of failing to file income tax returns for the years 1995 and 1996, in violation of 26 U.S.C. § 7203. Schutt argues that the evidence was insufficient to prove that he willfully failed to file his tax returns because, based on his own research of the tax laws, he did not believe he was liable to pay taxes. Because Schutt did not move for judgment of acquittal at trial, we review to determine whether there was a miscarriage of justice. *United States v. Delgado,*256 F.3d 264, 274 (5th Cir.2001). A miscarriage of justice exists “only if the record is devoid of evidence pointing to guilt” or “the evidence on a key element of the offense was so tenuous that a conviction would be shocking.” *United States v. Laury,*49 F.3d 145, 151 (5th Cir.1995) (internal quotations and citation omitted). After reviewing the record, we conclude that the evidence was sufficient for the jury to find that Schutt was aware of his duty to file tax returns and willfully failed to do so. *See United States v. Shivers,*788 F.2d 1046, 1048-49 (5th Cir.1986); *see also Cheek v. United States,*498 U.S. 192, 201, 111 S.Ct. 604, 112 L.Ed.2d 617 (1991). *261Schutt also argues that the magistrate judge erroneously excluded from evidence documents that he used to form his beliefs about the federal tax system. Schutt was permitted to testify about the documents upon he which relied, to read the contents of the documents to the jury, and to explain the effect of the documents on his beliefs. There was no abuse of discretion in the court’s exclusion of the documents from evidence. *See United States v. Stafford,*983 F.2d 25, 27-28 (5th Cir.1993); *United States v. Barnett,*945 F.2d 1296, 1301 (5th Cir.1991); *United States v. Flitcraft,*803 F.2d 184, 186 (5th Cir.1986).

AFFIRMED.

*

 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.