alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-7345

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DONTE BERNARD BAKER,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. 

James K. Bredar, Chief District Judge. (1:11-cr-00426-JKB-1)

Submitted: January 17, 2019 Decided: January 23, 2019

Before WILKINSON and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit 

Judge.

Affirmed by unpublished per curiam opinion.

Donte Bernard Baker, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

In 2012, Donte Bernard Baker pleaded guilty to conspiracy to participate in 

racketeering activity, in violation of 18 U.S.C. § 1962(d) (2012); conspiracy to commit 

murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5) (2012); and 

possession of a firearm in furtherance of a drug trafficking offense, in violation of 18 

U.S.C. § 924(c) (2012). After Baker’s first unsuccessful 28 U.S.C. § 2255 (2012) 

motion, he filed a motion in the district court captioned as a motion for a sentence 

reduction pursuant to 18 U.S.C. § 3582(c)(2) (2012). The district court recharacterized 

that motion as a § 2255 motion, and dismissed it as an unauthorized successive habeas 

motion. Baker now appeals.

On appeal, Baker asserts that the district court erred in recharacterizing his motion 

without providing him the opportunity to respond to the proposed recharacterization. 

Here, the district court correctly determined that Baker’s motion was in substance a 

§ 2255 motion, as he challenged his § 924(c) conviction rather than asserting that an 

amendment to the Sentencing Guidelines lowered his applicable Guidelines range. 

Moreover, as Baker has already filed a § 2255 motion, the district court was not required 

to provide him notice of its intent to construe his motion as a § 2255 motion, as the court 

did not recharacterize it as a first § 2255 motion. See Castro v. United States, 540 U.S. 

375, 383 (2003) (when “court recharacterizes a pro se litigant’s motion as a first § 2255 

motion,” it must provide notice of the intent to do so) (emphasis added). 
3

Accordingly, we affirm the district court’s order. We dispense with oral argument 

because the facts and legal contentions are adequately presented in the materials before 

this court and argument would not aid in the decisional process.

AFFIRMED
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Exhibit
31.2
 CFO
Certification
 
 I, Randy
Jones, certify that:
 
 1. I have
reviewed this quarterly report on Form 10KSB of Kaire holdings, Incorporated.
(the "Company");
 
 2. Based
on my knowledge, this quarterly report does not contain any untrue statement of
a material fact or omit to state a material fact necessary to make the
statements made, in light of circumstances under which such statements were
made, not misleading with respect to the period covered by this annual report;
and
 
 3. Based
on my knowledge, the financial statements, and other financial information
included in this annual report, fairly present in all material respects the
financial condition, results of operations and cash flows of the Company as of,
and for, the periods presented in this quarterly report.
 
 4. The
Company's other certifying officers and I am responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-14 and 15d-14) for the Company 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 Company, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this annual report is being prepared;
 
 b)
evaluated the effectiveness of the Company'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 Company's internal control over
financial reporting that occurred during the Company's most recent fiscal
quarter that has materially affected, or is reasonably likely to materially
affect, the Company's internal control over financial reporting;
 
 5. The
Company's other certifying officers and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the Company's
auditors and the audit committee of Company's board of directors (or persons
performing the equivalent functions);
 
 a) all
significant deficiencies in the design or operation of internal controls which
could adversely affect the Company's ability to record, process, summarize and
report financial data and have identified for the Company's auditors any
material weaknesses in internal controls; and
 
 b) any
fraud, whether or not material, that involves management or other employees who
have a significant role in the Company's internal controls over financial
reporting.
 
 Date:
June 1, 2005
 
 /s/ Randy
Jones
 Randy
Jones
 Acting
Chief Financial Officer
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 5.1.1

Eastern Division

Federal Trade Commission

Plaintiff,

v. Case No.: 1:03−cv−03904

Honorable Robert W. Gettleman

Kevin Trudeau, et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Monday, May 20, 2013:

 MINUTE entry before Honorable Robert W. Gettleman: Status hearing held on

5/20/2013. Mailed notice (gds)

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

Case: 1:03-cv-03904 Document #: 672 Filed: 05/20/13 Page 1 of 1 PageID #:9632
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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 Quarterly Report of Thanksgiving Coffee Company, Inc. (the Company) on Form 10-Q for the quarter ended June 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, the undersigned President 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, that:



| | (i) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Joan KatzeffPresidentAugust 12, 2005
### THE THIRTEENTH COURT OF APPEALS

13

- 17

- 00441

- CV

Daniel Gruenfelder v. Kandi Torres, Doroteo Fonseca, and Rafael Menchaca
On Appeal from the 343rd District Court of Bee County , Texas Trial Cause No. B

- 16

- 1556

- CV

- C

JUDGMENT THE THIRTEENTH COURT OF AP PEALS, having considered this cause on appeal, concludes that the judgment of the trial court should be AFFIRMED . The Court orders the judgment of the trial court AFFIRMED . Costs of the appeal are adjudged against appellant. We further order this decisio n certified below for observance. August 16, 2018