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that this opinion should not be published and is not precedent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

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-30234

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

WESLEY LANDRY,

Defendant-Appellant.

- - - - - - - - - -

Appeals from the United States District Court

for the Eastern District of Louisiana 

USDC No. 96-CR-97-L

- - - - - - - - - -

April 08, 1998

Before DUHE’, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Court-appointed counsel for Wesley Landry has filed a brief

as required by Anders v. California, 386 U.S. 738 (1967). Our

independent review of the brief, Landry’s response, and the

record discloses no nonfrivolous issue. Accordingly, counsel is

excused from further responsibilities herein, and the APPEAL IS

DISMISSED. See 5th Cir. R. 42.2.
EXHIBIT 99.1

                                CERTIFICATION OF
               CHIEF EXECUTIVE OFFICER AND 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 U.S.B. Holding Co., Inc. (the
"Company") on Form 10-Q for the period ending June 30, 2002, as filed with the
Securities and Exchange Commission on the date hereof ("Report"), Thomas E.
Hales, as Chief Executive Officer of the Company, and Steven T. Sabatini, as
Chief Financial Officer of the Company, each hereby certifies, pursuant to 18
U.S.C.ss.1350, as adopted pursuant toss.906 of the Sarbanes-Oxley Act of 2002,
to the best of his 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 result of
               operations of the Company.

/s/Thomas E. Hales                                         Date: August 12, 2002
-----------------------------                              ---------------------
Thomas E. Hales
Chief Executive Officer

/s/Steven T. Sabatini                                      Date: August 12, 2002
-----------------------------                              ---------------------
Steven T. Sabatini
Chief Financial Officer

This certification accompanies this Report pursuant to ss. 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.
[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Notices]
[Page 26734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12228]



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

 DEPARTMENT OF THE INTERIOR
[WY-920-41-5700; WYW128222]


Notice of Proposed Reinstatement of Terminated Oil and Gas Lease

May 8, 1995.
    Pursuant to the provisions of 30 U.S.C. 188 (d) and (e), and 43 CFR 
3108.2-3 (a) and (b)(1), a petition for reinstatement of oil and gas 
lease WYW128222 for lands in Johnson County, Wyoming, was timely filed 
and was accompanied by all the required rentals accruing from the date 
of termination. The lessee has agreed to the amended lease terms for 
rentals and royalties at rates of $5.00 per acre, or fraction thereof, 
per year and 16\2/3\ percent, respectively.
    The lessee has paid the required $500 administrative fee and $125 
to reimburse the Department for the cost of the Federal Register 
notice. The lessee has met all the requirements for reinstatement of 
the lease as set out in Section 31 (d) and (e) of the Mineral Lands 
Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management 
is proposing to reinstate lease WYW128222 effective January 1, 1995, 
subject to the original terms and conditions of the lease and the 
increased rental and royalty rates cited above.
Pamela J. Lewis,
Supervisory Land Law Examiner.
[FR Doc. 95-12228 Filed 5-17-95; 8:45 am]
BILLING CODE 4310-22-M
<TABLE> <S> <C>

<ARTICLE> 5

<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S FORM 10-Q FOR THE SIX MONTHS ENDED JUNE 30, 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
INCLUDED IN SUCH REPORT.
</LEGEND>



<S>                   <C>
<PERIOD-TYPE>         6-MOS
<FISCAL-YEAR-END>     DEC-31-1999
<PERIOD-END>          JUN-30-1999

<CASH>                        2,686,732
<SECURITIES>                    249,985
<RECEIVABLES>                 1,251,799
<ALLOWANCES>                       0
<INVENTORY>                        0
<CURRENT-ASSETS>              3,788,516
<PP&E>                             0
<DEPRECIATION>                     0
<TOTAL-ASSETS>                3,832,669
<CURRENT-LIABILITIES>           568,353
<BONDS>                       1,769,915
<COMMON>                           0
<PREFERRED-MANDATORY>              0
<PREFERRED>                        0
<OTHER-SE>                   (2,682,547)
<TOTAL-LIABILITY-AND-EQUITY>  3,832,669
<SALES>                            0
<TOTAL-REVENUES>                138,860
<CGS>                              0
<TOTAL-COSTS>                      0
<OTHER-EXPENSES>                304,658
<LOSS-PROVISION>                   0
<INTEREST-EXPENSE>              119,947
<INCOME-PRETAX>                (285,745)
<INCOME-TAX>                       0
<INCOME-CONTINUING>            (218,619)
<DISCONTINUED>                     0
<EXTRAORDINARY>                    0
<CHANGES>                          0
<NET-INCOME>                   (218,619)
<EPS-BASIC>                      (.57)
<EPS-DILUTED>                      (.57)




</TABLE>
CLEARPLAY, INC., petitioner, v. NISSIM CORP., et al.

No. 12-1365.

Supreme Court of the United States

June 24, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
Brandon Reeves TYERMAN, petitioner, v. UNITED STATES.

No. 12-9266.

Supreme Court of the United States

April 15, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
Samuel McMILLER, petitioner, v. J.F. SALAZAR, Warden.

No. 12-9225.

Supreme Court of the United States

April 29, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 12 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                 H. R. 12

   To amend the Education Land Grant Act to require the Secretary of 
 Agriculture to pay the costs of environmental reviews with respect to 
                      conveyances under that Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2005

 Mr. Hayworth introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL

 
   To amend the Education Land Grant Act to require the Secretary of 
 Agriculture to pay the costs of environmental reviews with respect to 
                      conveyances under that Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COSTS OF REVIEWS FOR CONVEYANCES UNDER EDUCATION LAND GRANT 
              ACT.

     Section 202 of the Education Land Grant Act (16 U.S.C. 479a) is 
amended by adding at the end the following:
    ``(f) Costs of Review.--The Secretary shall pay the costs of all 
actions required under section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to any 
conveyance under this section.''.
                                 <all>
```
EXHIBIT 99
----------




                       SECTION 906 CERTIFICATION
                       -------------------------



     The following statement is provided by the undersigned to accompany
the foregoing Report on Form 10-Q pursuant to Section 906 of the Sarbanes-
Oxley Act of 2002 and shall not be deemed filed pursuant to any provision
of the Exchange Act of 1934 or any other securities law:

     Each of the undersigned certifies that the foregoing Report on
Form 10-Q fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m) and that the information
contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of CARLYLE REAL ESTATE
LIMITED PARTNERSHIP - XIII.




By: JMB REALTY CORPORATION        By: JMB REALTY CORPORATION
    Corporate General Partner         Corporate General Partner



    By: /s/  H. Rigel Barber          By: /s/ Gailen J. Hull
        ----------------------            ----------------------------
        H. Rigel Barber                   Gailen J. Hull
        Chief Executive Officer           Chief Financial Officer and
                                          Principal Accounting Officer
EXHIBIT 31.1

               CERTIFICATION PURSUANT TO RULE 13A-14(D)/15D-14(D)
                    UNDER THE SECURITIES EXCHANGE ACT OF 1934

I, Anthony N. Renzi, certify that:

1. I have  reviewed  this  report  on Form  10-K and all  reports  on Form  10-D
   required to be filed in respect of the period  covered by this report on Form
   10-K of RALI Series 2007-QA5 Trust (the "Exchange Act periodic reports");

2. Based on my knowledge,  the Exchange Act periodic reports,  taken as a whole,
   do 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;

3. Based  on  my  knowledge,  all  of  the  distribution,  servicing  and  other
   information required to be provided under Form 10-D for the period covered by
   this report is included in the Exchange Act periodic reports;

4. I am responsible for reviewing the activities  performed by the servicers and
   based on my knowledge and the compliance  reviews  conducted in preparing the
   servicer  compliance  statements  required in this report  under Item 1123 of
   Regulation AB, and except as disclosed in the Exchange Act periodic  reports,
   the servicers have fulfilled their obligations under the servicing agreements
   in all material respects; and

5. All of the reports on assessment of compliance  with  servicing  criteria for
   asset-backed  securities and their related  attestation reports on assessment
   of compliance with servicing criteria for asset-backed securities required to
   be included in this report in accordance  with Item 1122 of Regulation AB and
   Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this
   report,  except as otherwise disclosed in this report. Any material instances
   of noncompliance described in such reports have been disclosed in this report
   on Form 10-K.

In giving the  certifications  above,  I have  reasonably  relied on information
provided  to me by the  following  unaffiliated  parties:  Deutsche  Bank  Trust
Company Americas.

Date:  March 24, 2008


By:    /s/ Anthony N. Renzi
Name:  Anthony N. Renzi
Title: Managing Director
(senior officer in charge of the servicing function)
sOrder filed September 11, 2012 

In The

Fourteenth Court of Appeals

____________

NO. 14-12-00392-CV

____________

HELEN MAYFIELD, Appellant

V.

JOHN CUOCO, STEVE FULLJART, KBTX NEWS, A CORPORATION AND 

GRAY COMMUNICATIONS, A CORPORATION, JOINTLY AND 

SEVERALLY, Appellee

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2011-26159

O R D E R

Appellant’s brief was due July 9, 2012. No brief or motion for extension of time 

has been filed. 

Unless appellant files her brief with the clerk of this court on or before September 

24, 2012, the court will dismiss the appeal for want of prosecution. See Tex. R. App. P. 

42.3(b). 

PER CURIAM
Order filed .
妥善冷藏食品的重要性

我是Carlos。 是一間餐廳的廚師。 每天負責烹煮豆泥。

加蓋/與其他食物堆疊在一起的裝有食物的鍋子在24小時後溫度仍高達攝氏

25.5度。

烹煮完豆泥後,我會將豆泥 置入鍋中並放入冷藏櫃冷藏。

每天我會將豆泥加熱後,再放 置於蒸氣保溫台上。有一天,一位名叫Emily的小女孩點了豆泥和墨西哥玉米脆餅。 

之後Emily便身體適,她上吐下瀉前往醫院就醫。

我從沒想過要刻意傷害顧客善冷藏食品,妥善冷藏方法包括:改用較淺的金屬鍋具盛裝食放入冷藏庫冷卻。使用较小的容器分装食物使用快速冷卻設備。先將食物置於容器內,再整卻。其他有效方法。

衛生局說造成客戶身體不適的主因是 豆泥。 我們使用有蓋的大深鍋放置 豆泥,且深鍋與其他鍋子相互堆疊,無法快速冷卻。

為維護大眾健康。

請妥善冷藏食品。
case 1:14-cv-00129-JD-RBC document 1 filed 04/24/14 page 1 of 5
case 1:14-cv-00129-JD-RBC document 1 filed 04/24/14 page 2 of 5
case 1:14-cv-00129-JD-RBC document 1 filed 04/24/14 page 3 of 5
case 1:14-cv-00129-JD-RBC document 1 filed 04/24/14 page 4 of 5
case 1:14-cv-00129-JD-RBC document 1 filed 04/24/14 page 5 of 5
Auguste BURTON, petitioner, v. ILLINOIS.

No. 13-6466.

Supreme Court of the United States

Dec. 2, 2013.

Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.
Exhibit
        32.1
 
 **SECTION
        906 CERTIFICATION**
 
 
 I,
        Jeffrey F. O'Donnell, Chief Executive Officer of PhotoMedex, Inc., a Delaware
        corporation (the "Company"), do hereby certify, in accordance with 18 U.S.C.
        Section 1350, as created pursuant to Section 906 of the Sarbanes-Oxley Act
        of
        2002, that:
 
 (1)
        the
        accompanying Quarterly Report on Form 10-Q of the Company for the quarter
        ended
        September 30, 2008 (the "Report") fully complies with the requirements of
        Section 13(a) or 15(d), as applicable, 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 Company.
  
 Dated: November
                  7, 2008
                By:
                /s/ Jeffrey
                  F. O'DonnellJeffrey
                    F. O'Donnell
                  Chief
                    Executive Officer
 A
        signed
        original of this written statement required by Section 906 of the Sarbanes-Oxley
        Act of 2002 (“Section 906”), or other document authenticating, acknowledging, or
        otherwise adopting the signature that appears in typed form within the
        electronic version of this written statement required by Section 906, has
        been
        provided to PhotoMedex, Inc. and will be retained by PhotoMedex, Inc. and
        furnished to the Securities and Exchange Commission or its staff upon
        request.
IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

SOUTH BEND DIVISION 

SANDRA RHODES, ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) Cause No. 3:12-CV-841-JVB-CAN 

 ) 

NEW ENGLAND COMPOUNDING ) 

PHARMACY, INC. a/k/a NEW ) 

ENGLAND COMPOUNDING CENTER; ) 

AMERIDOSE, LLC; ALAUNUS ) 

PHARMACEUTICAL, LLC; BARRY ) 

CADDEN; LISA CADDEN; ) 

and GREGORY CONIGLIARO, ) 

 ) 

 Defendants. ) 

APPEARANCE BY ATTORNEY IN CIVIL CASE

To the Clerk of this Court and all parties of record: 

Please enter my appearance as counsel in this case for Defendants, ALAUNUS 

PHARMACEUTICAL, LLC; BARRY CADDEN; LISA CADDEN; and GREGORY 

CONIGLIARO. 

I certify that I am admitted to practice in this Court. 

LEWIS WAGNER LLP 

By: /s/ Kameelah Shaheed-Diallo 

KAMEELAH SHAHEED-DIALLO, #28058-49 

 Attorneys for Defendants 

 

case 3:12-cv-00841-JVB-CAN document 11 filed 01/09/13 page 1 of 2
CERTIFICATE OF SERVICE

 This is to certify that a copy of the foregoing has been filed with the Clerk of the Court 

on January 9, 2013 using the CM/ECF system which sent notification of this filing to the 

following: 

Douglas A. Mulvaney 

Stutsman & Mulvaney 

1300 Cassopolis Street 

P.O. Box 1337 

Elkhart, Indiana 46515 

/s/ Kameelah Shaheed-Diallo 

 KAMEELAH SHAHEED-DIALLO 

LEWIS WAGNER, LLP 

501 Indiana Avenue, Suite 200 

Indianapolis, IN 46202 

Phone: (317) 237-0500 

FAX: (317) 630-2790 

kshaheed-diallo@lewiswagner.com Q:\NECC\18 - Rhodes\Federal Court Action\appearance_KSD_Alaunus.docx

case 3:12-cv-00841-JVB-CAN document 11 filed 01/09/13 page 2 of 2
* 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 October 22, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-50535 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ALEJANDRO JIRON-MALDONADO, also known as Michael Dixon-Dublon, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-03-CR-166-ALL-PRM

-------------------- Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM: * Alejandro Jiron-Maldonado appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Jiron-Maldonado contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should haveNo. 03-50535 -2- been alleged in his indictment. Jiron-Maldonado maintains that he pleaded guilty to an indictment which charged only simple reentry under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the two-year maximum term of imprisonment which may be imposed for that offense.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Jiron-Maldonado acknowledges that his argument is foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
Mel M. MARIN, petitioner, v. TRUMBULL COUNTY COURT OF APPEALS.

No. 13-6457.

Supreme Court of the United States

Dec. 2, 2013.

Petition for writ of certiorari to the Supreme Court of Ohio denied.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 23 - 50311 Summary Calendar

**____________ United States of America,**  Plaintiff
— Appellee **,** versus **Luis Carlos Matute -**  **Castro,** Defendant
— Appellant **.**

**______________________________** Appeal from the United States District Court for the Western District of Texas USDC No. 2:22 - CR - 2407 - 1

**___________ ___________________**  Before **Wiener, Stewart,** and **Douglas,** Circuit Judges **. Per Curiam**  **:** ***** The Federal Public Defender appointed to represent Luis Carlos Matute - Castro has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Matute - Castro has not filed a response. We have reviewed counsel’s brief and the relevant portions of the

**_____________________** * This opinion is not designated for publication. See **5th Cir .**  **R .**  47.5. United States Court of Appeals Fifth Circuit 

### FILED April 8, 2024 Lyle W. Cayce Clerk Case: 23-50311 Document: 50-1 Page: 1 Date Filed: 04/08/2024No. 23 - 50311

2 record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is **GRANTED** , counsel is excused from furth er responsibilities herein, and the appeal is **DISMISSED** . See **5th Cir. R.** 42.2 . Case: 23-50311 Document: 50-1 Page: 2 Date Filed: 04/08/2024
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       3,247,172
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               3,333,201
<CURRENT-LIABILITIES>                        3,247,172
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      86,029
<TOTAL-LIABILITY-AND-EQUITY>                 3,333,201
<SALES>                                              0
<TOTAL-REVENUES>                             5,367,887
<CGS>                                                0
<TOTAL-COSTS>                                5,329,925
<OTHER-EXPENSES>                                37,962
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                     0.42
<EPS-DILUTED>                                     0.42
        

</TABLE>
Melissa M. RYAN, petitioner, v. FLORIDA.

No. 12-7376.

Supreme Court of the United States

April 15, 2013.

Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.