alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order filed October 29, 2019

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 19

- 00733

- CV

____________ PERCY LEE FOREMAN , Appellant

V. LYNDON B. JOHNSON (L BJ) HOSPITAL HARRIS COUNTY HEALTH SYSTEM AND HOUSTON P OLICE DEPARTMENT, Appellee s

On Appeal from the 151st District Court

Harris County, Texas Trial Court Cause No. 2017

- 24488



### O R D E R
The notice of appeal in this case was filed September 12, 2019. To date, the filing fee of $20 5.00 has not been paid. No evidence that appellant is excused by statute or the Texas Rules of Appellate Procedure from paying costs has been filed.
See Tex. R. A pp. P

. 5

. Therefore, the court issues the following order.
Appellant is ordered to pay th e filing fee in the amount of $20 5.00 to the c lerk
of this court on or before November 15, 2019. See Tex. R. App. P. 5. If appellantfails to timely pay the filing f ee in accordance with this order, the appeal will be
dismissed.

PER CURIAM

Panel Consists of Chief Justice Frost and Justices Wise and Hassan.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

CHAD KENOWSKI CLARK,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 433 MAL 2023

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 31st day of January, 2024, the Petition for Allowance of Appeal is 

DENIED.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

 v.

JOSE DE JESUS GARCIA, a.k.a. Jose De

Jesus Garcia Santiago, 

Defendant-Appellant.

No. 15-50558

D.C. No. 2:15-cr-00339-SJO

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

S. James Otero, District Judge, Presiding

Submitted February 14, 2017** 

Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.

Jose De Jesus Garcia appeals from the district court’s judgment and

challenges his guilty-plea conviction and 37-month sentence for being an illegal

alien found in the United States following deportation, in violation of 8 U.S.C. 

FILED

FEB 21 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia’s counsel

has filed a brief stating that there are no grounds for relief, along with a motion to

withdraw as counsel of record. We have provided Garcia the opportunity to file a

pro se supplemental brief. No pro se supplemental brief or answering brief has

been filed. 

Garcia waived his right to appeal his conviction, with the exception of an

appeal based on a claim that his plea was involuntary. He also waived the right to

appeal his sentence, with the exception of the court’s calculation of his criminal

history category. Our independent review of the record pursuant to Penson v.

Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief as to the

voluntariness of Garcia’s plea or the criminal history category calculated by the

court. We therefore affirm as to those issues. We dismiss the remainder of the

appeal in light of the valid appeal waiver. See United States v. Watson, 582 F.3d

974, 988 (9th Cir. 2009).

Counsel’s motion to withdraw is GRANTED.

AFFIRMED in part; DISMISSED in part. 

2 15-50558
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EXHIBIT 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Northwest Pipe Company (the Company) on Form 10-K/A for the period ending
December 31, 2013 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robin Gantt, Senior Vice President, 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:



|(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/    ROBIN GANTT                            
|Robin Gantt                                   
|Senior Vice President, Chief Financial Officer

September 4, 2014
**Exhibit 32.2**

 

**Certification of the Chief Financial OfficerPursuant to**

 

**18 U.S.C. Section 1350,**

 

**as Adopted Pursuant to**

 

**Section 906 of the Sarbanes-Oxley Act of 2002**

 

 

In connection with theQuarterly Report on Form 10-Q of PRAECIS PHARMACEUTICALS INCORPORATED (the“Company”) for the quarterly period ended June 30, 2003 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, KevinF. McLaughlin, as Chief Financial Officer of the Company, hereby certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that, to the best of my knowledge:

 

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

 

2.  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/    | Kevin F.  McLaughlin     |   |   |   |
|--------|--------------------------|--------|--------|--------|
| Name:  | Kevin F.  McLaughlin     |   |   |   |
| Title: | Chief  Financial Officer |   |   |   |
| Date:  | August 13,  2003         |   |   |   |

 

 

A signed original of thiswritten statement required by Section 906, or other document authenticating,acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section 906,has been provided to PRAECIS PHARMACEUTICALS INCORPORATED and will be retainedby PRAECIS PHARMACEUTICALS INCORPORATED and furnished to the Securities andExchange  Commission or its staff uponrequest.

 

This certification accompaniesthe Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shallnot, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemedfiled by the Company for purposes of Section 18 of the Securities Exchange Actof 1934, as amended.

 

----
**Exhibit 12.2**
**CFO Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002**
I, Maurizio Dessolis*,*certify that:
1. I have reviewed this annual report on Form 20-F of De Rigo S.p.A.; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The company’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-14 and 15d-14) for the company and have:
 a) Designed such disclosure controls and procedures or caused suchdisclosure controls and procedures to be designed under our supervisionto ensure that material information relating to the company, includingits consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report isbeing prepared;  b) Evaluated the effectiveness of the company’s disclosure controlsand procedures and  c) presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures as of the end the period coveredby this report based on such evaluation;
5. The company’s other certifying officers and I have disclosed, based onour most recent evaluation, to the company’s auditors and the auditcommittee of the company’s board of directors (or persons performing theequivalent functions):
 a) all significant deficiencies and material weaknesses in the designor operation of internal controls of financial reporting which arereasonably likely to adversely affect the company’s ability to record,process, summarize and report financial information; and  b) any fraud, whether or not material, that involves management orother employees who have a significant role in the company’s internalcontrols over financial reporting; and  c) The company’s other certifying officers and I have indicated inthis report whether or not there were significant changes in internalcontrols or in other factors that could significantly affect internalcontrols subsequent to the date of our most recent evaluation,including any corrective actions with regard to significantdeficiencies and material weaknesses.
 /s/ Maurizio Dessolis
This opinion is subject to administrative correction before final disposition.

Before

TANG, J. STEPHENS, and GERRITY

Appellate Military Judges

_________________________

UNITED STATES

Appellee

v.

Charles H. MOORE

Aviation Boatswain’s Mate (Aircraft Handling) 

Airman Recruit (E-1), U.S. Navy

Appellant

No. 201900119

Decided: 30 September 2019.

Appeal from the United States Navy-Marine Corps Trial Judiciary.

Military Judge: Captain Arthur W. Record, JAGC, USN. Sentence 

adjudged 27 February 2019 by a special court-martial convened at 

Naval Base Kitsap Bremerton, Washington, consisting of a military 

judge sitting alone. Sentence approved by convening authority:

reduction to E-1, confinement for 10 months, and a bad-conduct

discharge1.

For Appellant: Lieutenant Commander Derek C. Hampton, JAGC, 

USN.

For Appellee: Brian K. Keller, Esq.

 

1 The Convening Authority suspended confinement in excess of 114 days pursuant to a pretrial agreement.
United States v. Moore, No. 201900119

2

_________________________

This opinion does not serve as binding precedent under 

NMCCA Rule of Appellate Procedure 30.2(a).

_________________________

PER CURIAM:

After careful consideration of the record, submitted without assignment of 

error, we have determined that the approved findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s 

substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. 

The findings and sentence as approved by the convening authority are 

AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court
Exhibit 31(a)
--------------------------------------------------------------------------------
CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Yury Greene, certify that:


1.I have reviewed this Quarterly report on Form 10-QSB of Globus International
Resources Corp. for the three months ended December 31, 2003;

2.Based on my knowledge, this report does not contain any untrue statement of
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, the financial statements, and other financial
information included in this 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 report;

4.The registrant's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures(as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e) for the registrant and have:

(a)Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

(b)Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation;and

(c)Disclosed in this report any change in the registrant's internal control over
financial reporting that occurred during the registrant's most recent fiscal
that has materially affected, or is reasonably likely to materially affect, the
registrant's internal control over financial reporting;and

5.The registrant's other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors(or persons performing the equivalent functions):

(a)All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information;and

(b)Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

Date:March 9, 2004

/s/ YURY GREENE
--------------------------------------------------------------------------------

                                  Page 17 of 19
##### 



Exhibit 31.1 CERTIFICATION PURSUANT TO RULE 13a-14(a)
OF THE SECURITIES EXCHANGE ACT OF 1934 I, Michael D. Andereck, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Docucorp
International, Inc.; 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; 3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects
the financial condition, results of operations and cash flows of Docucorp
International, Inc. as of and for the periods presented in this report; 4. The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:  a)
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the
registrant, including its consolidated subsidiaries, is made known to
us by others within the entities, particularly during the period in
which this report is being prepared;b)
    
    Evaluated the effectiveness of the registrants disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this report based on such evaluation; andc)
    
    Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants
most recent fiscal quarter (the registrants fourth fiscal quarter in
the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal
control over financial reporting; and 5. The registrants other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrants auditors and the audit committee of the registrants Board of
Directors:  a)
    
    All significant deficiencies and material weaknesses in the design
or operation of internal controls which are reasonably likely to
adversely affect the registrants ability to record, process, summarize
and report financial information; andb)
    
    Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrants
internal controls over financial reporting. /s/ Michael D. AndereckMichael D. AndereckPresident and Chief Executive OfficerJune 14, 2004
EXHIBIT 99.2

          CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Timebeat.com Enterprises Inc. (the
"Company") on Form 10-KSB for the year ending March 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Thomas
L. Crom, Chief Financial 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 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/ THOMAS L. CROM
-----------------------------------------
Thomas L. Crom, Chief Financial Officer
Case: 1:02-cv-01828 Document #: 41 Filed: 02/04/03 Page 1 of 1 PageID #:297
EX-10.5.B.IX







EXHIBIT 10.5(b)(ix)




EIGHTH AMENDMENT TO TRUST AGREEMENT BETWEEN

FIDELITY MANAGEMENT TRUST COMPANY AND

THE SCOTTS COMPANY




     THIS EIGHTH AMENDMENT, dated as of the thirty-first day of December 31, 2002, by and between
Fidelity Management Trust Company (the “Trustee”) and The Scotts Company (the “Sponsor”);



WITNESSETH:




     WHEREAS, the Trustee and the Sponsor heretofore entered into a Trust Agreement dated January
1, 1998 with regard to The Scotts Company Executive Retirement Plan (the “Plan”); and



     WHEREAS, the Sponsor now desires, and hereby directs the Trustee, in accordance with Section
7(b), on December 31, 2002: to liquidate all participant balances held in the Baron Asset Fund at
its net asset value on such day, and to invest the proceeds in the Managers Special Equity Fund at
its net asset value on such day; to liquidate all participant balances held in the Fidelity
Worldwide Fund at its net asset value on such day, and to invest the proceeds in the EuroPacific
Growth Fund — Class A at its net asset value on such day. The parties hereto agree that the
Trustee shall have no discretionary authority with respect to these sales and transfers directed by
the Sponsor. Any variation from the procedures described herein may be instituted only at the
express written direction of the Sponsor; and



     WHEREAS, the Trustee and the Sponsor now desire to amend said Trust Agreement as provided for
in Section 14 thereof;



     NOW THEREFORE, in consideration of the above premises, the Trustee and the Sponsor hereby
amend the Trust Agreement by:




	 	(1)	 	Amending the “investment options” section of Schedule “A”, to delete the
following:






	 	•	 	Baron Asset Fund
	 
	 	•	 	Fidelity Worldwide Fund





     IN WITNESS WHEREOF, the Trustee and the Sponsor have caused this Eighth Amendment to be
executed by their duly authorized officers effective as of the day and year first above written.



	 	 	 	 	 	 	 	 	 	 	 	 	 
	THE SCOTTS COMPANY	 	 	 	FIDELITY MANAGEMENT TRUST

COMPANY	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ George A. Murphy                           12/31/02	 	 	 	By:	 	/s/ Rina Mayman	 	                       2/4/03	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 

	 	Date
	 	 	 	 	 	FMTC Authorized Signatory
	 	Date
<PAGE>

                                                                    Exhibit 31.1

                                 CERTIFICATIONS

I, Jeffrey H. Buchalter, certify that:


1. I have reviewed this annual report on Form 10-K of ILEX Oncology, Inc;

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;

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

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

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

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

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

Date: March 12, 2004
                            /s/ JEFFREY H. BUCHALTER
                         ______________________________
                              Jeffrey H. Buchalter
                      President and Chief Executive Officer
                          (Principal Executive Officer)