alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D19-1402

_____________________________

MICHAEL DAVID GINSBERG,

Appellant,

v.

DEPARTMENT OF CORRECTIONS,

Appellee.

_____________________________

On appeal from the Circuit Court for Leon County.

Ronald W. Flury, Judge.

October 23, 2019

PER CURIAM.

AFFIRMED. Whitfield v. Dep’t of Corr., 107 So. 3d 1210 (Fla. 

1st DCA 2013).

RAY, C.J., and LEWIS and BILBREY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Michael David Ginsberg, pro se, Appellant.

Ashley Moody, Attorney General, and Kelly R. Forren, Assistant 

Attorney General, Tallahassee, for Appellee.
---

CERTIFICATION OFCHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Howard Thomson, Chief Executive Officer and Chief Financial
  Officer of Terrace Ventures Inc. (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, to the best of my knowledge:

|(i)  | the Annual Report on Form 10-KSB/A of the Company,
        for the fiscal year ended April 30, 2006, and to which this certification
        is attached as Exhibit 32.1 (the Report) fully complies with
        the requirements of Section 13(a) or 15(d) of the Securities Exchange
        Act of 1934, as amended; and
|---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|     |                                                                                                                                                                                                                                                                                                                               
|(ii) | the information contained in the Report fairly presents,
        in all material respects, the financial condition and results of operations
        of the Company.                                                                                                                                                          

|By:    | */s/ Howard Thomson*       
|------ | ---------------------------
|Name:  | HOWARD THOMSON             
|Title: | Chief Executive Officer and
|       | Chief Financial Officer    
|Date:  |                            

A signed original of this written statement required by
  Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the the Company
  and will be retained by the the Company and furnished to the Securities and
  Exchange Commission or its staff upon request.

This certification accompanies the Form 10-KSB to which
  it relates, is not deemed filed with the Securities and Exchange Commission
  and is not to be incorporated by reference into any filing of the the Company
  under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether
  made before or after the date of the Form 10-KSB), irrespective of any general
  incorporation language contained in such filing.

---
<TABLE> <S> <C>


<ARTICLE>                    5
<MULTIPLIER>                 1
<CURRENCY>                   USD

   <S>                                                 <C>

   <PERIOD-TYPE>                                               Year
   <FISCAL-YEAR-END>                                    Dec-31-1997
   <PERIOD-START>                                       Jan-01-1997
   <PERIOD-END>                                         Dec-31-1997
   <EXCHANGE-RATE>                                                1
   <CASH>                                                11,281,337
   <SECURITIES>                                                   0
   <RECEIVABLES>                                         13,365,413
   <ALLOWANCES>                                           4,518,206
   <INVENTORY>                                           12,034,349
   <CURRENT-ASSETS>                                      43,076,240
   <PP&E>                                                 3,967,767
   <DEPRECIATION>                                           951,553
   <TOTAL-ASSETS>                                        48,515,273
   <CURRENT-LIABILITIES>                                  8,012,678
   <BONDS>                                                        0
   <PREFERRED-MANDATORY>                                          0
   <PREFERRED>                                                    0
   <COMMON>                                              25,170,267
   <OTHER-SE>                                            15,332,328
   <TOTAL-LIABILITY-AND-EQUITY>                          48,515,273
   <SALES>                                               80,035,116
   <TOTAL-REVENUES>                                      64,478,457
   <CGS>                                                 56,298,264
   <TOTAL-COSTS>                                         20,198,594
   <OTHER-EXPENSES>                                         740,953
   <LOSS-PROVISION>                                               0
   <INTEREST-EXPENSE>                                      (503,680)
   <INCOME-PRETAX>                                      (11,321,427)
   <INCOME-TAX>                                          (4,189,266)
   <INCOME-CONTINUING>                                   (7,132,161)
   <DISCONTINUED>                                                 0
   <EXTRAORDINARY>                                                0
   <CHANGES>                                                      0
   <NET-INCOME>                                          (7,132,161)
   <EPS-PRIMARY>                                              (0.95)
   <EPS-DILUTED>                                              (0.95)



</TABLE>
**EXHIBIT 99.2**

 

CERTIFICATION OF CHIEF FINANCIAL OFFICERPURSUANT TO SECTION 1350 OF CHAPTER 63, TITLE 18 OF THE UNITED STATES CODE

 

I, Robert L. Weisgarber, the Chief Financial Officer of DSI Toys, Inc.(the “Company”), certify that:

 

# **1.**               the Form 10-Q, as amendedby Amendment No. 1 on Form 10-Q/A, for the Company’s quarterly period endedMarch 31, 2003 (the “Report”) fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

# **2.**               the information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of DSI Toys, Inc.

 

 
|                    | /s/ ROBERT L. WEISGARBER |
|-------------------------|--------------------------|
|                    | Robert L. Weisgarber     |
| Chief Financial Officer |                     |
| June 10, 2003           |                     |

 

----
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IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT

No. 17-50750

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

PEDRO ANTONIO CHAVEZ-OCHOA, also known as Christian ChavezHernandez,

Defendant-Appellant

Cons. w/No. 17-50759

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

PEDRO ANTONIO CHAVEZ-OCHOA, also known as Nelson Robles-Chavez, 

also know as Adan Mauricio Chavez-Molina, also known as ChristianChavezHernandez,

Defendant-Appellant

Appeals from the United States District Court 

for the Western District of Texas

USDC No. 1:10-CR-653-1 

USDC No. 1:17-CR-70-1

United States Court of Appeals

Fifth Circuit

FILED

June 27, 2018

Lyle W. Cayce

Clerk

 Case: 17-50750 Document: 00514531064 Page: 1 Date Filed: 06/27/2018
No. 17-50750

c/w No. 17-50759

Before KING, SMITH, and HIGGINSON, Circuit Judges.

PER CURIAM:*

Pedro Antonio Chavez-Ochoa was convicted of one count of illegal 

reentry into the United States and sentenced to serve 37 months in prison and 

a three-year term of supervised release. Additionally, his supervised release 

for a prior conviction was revoked, and he was sentenced to serve 24 months 

in prison, to run consecutively to the 37-month sentence.

Now, he appeals these sentences. His challenge to the reimposition of the 

mandatory special assessment in connection with the revocation has been 

mooted by the district court’s order striking the challenged portion of the 

revocation order. Insofar as he challenges the reimposition of the special 

assessment, his appeal is DISMISSED AS MOOT.

His argument that the enhancement of his statutory minimum sentences 

based upon his prior convictions that were not charged in the indictment and 

proved or admitted violated his constitutional rights is, as he concedes, 

foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). His 

sentences are 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.

2

 Case: 17-50750 Document: 00514531064 Page: 2 Date Filed: 06/27/2018
(17 Misc. Rep. 185)

#### In re MURRAY.

(Supreme Court, Special Term, Kings County.

May, 1896.)

Civil Service—Day Workmen.

The fact that the salary of a bridge tender, payable monthly, is a certain sum per day, does not make him a mere day workman, so as to deprive him of the benefit of Laws 1892, c. 577, protecting veterans of the late war from dismissal from the civil service of the state except for cause.

Application by Edward Murray for a peremptory writ of mandamus for reinstatement to the position of assistant keeper of the Blissville bridge. Granted.

James D. Bell, for the motion.

W. G. Cooke and F. H. Van Vechten, opposed.

GAYNOR, J.

The weak point in the general civil service law of the state is that, though positions may be filled only from eligible lists, the appointing officers may remove at pleasure. But, in the case of veterans of the late war, there are separate statutes making them irremovable in some cases, except for cause shown after a *1042hearing. The petitioner was appointed to the position of assistant keeper of the Blissville bridge by the boards of supervisors of Kings and Queens counties in 1882, and served as such until his recent removal. He is an honorably discharged veteran of the late war, and by chapter 119 of the Laws of 1888, as amended by chapter 577 of the Laws of 1892, was irremovable, except for cause shown after a hearing. He was nevertheless discharged without cause or hearing. I see no excuse for it. The board of aldermen of Brooklyn succeeded to the duty of the board of supervisors in the premises, but the right of the petitioner to his place did not cease by that fact. That the veteran act (chapter 716, Laws 1894) does not embrace counties counts for nothing. Neither did the acts, chapter 312 of the Laws of 1884, and chapter 464 of the Laws of 1887, which it amends and supersedes. But the said act of 1892 does, and applies to the petitioner’s case. I think it would be straining the case to say that the petitioner was only a day workman, and therefore not protected by the said act of 1892, which covers only salaried positions. He was appointed to a position which is continuous, and not to do days’ work. The fact that Ms salary was two dollars a day, payable monthly, did not make him a mere day workman. The number of applications like tMs which veterans have to make to the courts is remarkable. The veterans of the late war are even already grown so comparatively few in number as no longer to be a political factor, but the smaller their number grows the more sacredly the laws in their favor ought to be observed. In a few years more none, or very few, of them will be here. Let a peremptory writ issue.

Ordered accordingly. '
#### John Lang, Respondent, v. The New York, Lake Erie and Western Railroad Company, Appellant.

(Argued October 13, 1890;

decided October 28, 1890.)

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1889, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial.

*W. W. MacFarland,*for appellant.

*657
      *C. D. Rust*for respondent.

Agree to affirm; no opinion.

All concur.

Judgment affirmed.
<PAGE>

                                                                    Exhibit 99.1


                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 Quarterly Report of Waypoint Financial Corp. (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 (the "Report"), I, Charles C.
Pearson, Jr., Co-Chairman and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. (S) 1350, as adopted pursuant to (S) 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my 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 result of operations of
          the Company.





/s/ Charles C. Pearson, Jr.
---------------------------
Charles C. Pearson, Jr.,
Co-Chairman and
Chief Executive Officer


August 14, 2002

                                       34
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<RESTATED>
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                     YEAR
<FISCAL-YEAR-END>                          DEC-31-1996             DEC-31-1997
<PERIOD-START>                             JAN-01-1996             JAN-01-1997
<PERIOD-END>                               DEC-31-1996             DEC-31-1997
<CASH>                                           4,289                  27,867
<SECURITIES>                                         0                  49,560
<RECEIVABLES>                                   28,688                  38,281
<ALLOWANCES>                                       200                   1,236
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                35,282                 113,149
<PP&E>                                          11,426                  15,274
<DEPRECIATION>                                   4,304                   6,404
<TOTAL-ASSETS>                                  43,819                 127,223
<CURRENT-LIABILITIES>                           30,134                  33,943
<BONDS>                                          1,360                     731
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          2                       0
<COMMON>                                           156                     253
<OTHER-SE>                                      12,167                  92,296
<TOTAL-LIABILITY-AND-EQUITY>                    43,819                 127,223
<SALES>                                              0                       0
<TOTAL-REVENUES>                                56,864                 105,411
<CGS>                                                0                       0
<TOTAL-COSTS>                                   19,107                  47,325
<OTHER-EXPENSES>                                31,976                  40,502
<LOSS-PROVISION>                                   200                   1,144
<INTEREST-EXPENSE>                                  77                 (2,238)
<INCOME-PRETAX>                                  5,504                  18,678
<INCOME-TAX>                                     2,084                   7,470
<INCOME-CONTINUING>                              3,420                  11,208
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     3,420                  11,208
<EPS-PRIMARY>                                      .22                     .52
<EPS-DILUTED>                                      .17                     .46
        

</TABLE>
#### Milton D. PLUMMER, an individual, Petitioner-Appellant, v. E.K. McDANIEL, Warden and Nevada Attorney General, Respondents-Appellees.

No. 09-15587.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted June 16, 2011.

Filed July 20, 2011.

Ryan Norwood, Assistant Federal Public Defender, Federal Public Defender’s Office, Las Vegas, NV, for Petitioner-Appellant.

Troy Curtis Jordan, Esquire, Deputy Attorney General, Office of the Nevada Attorney General, Carson City, NV, for Respondents-Appellees.

Before: SCHROEDER and BEA, Circuit Judges, and SAMMARTINO, District Judge.*

*

 The Honorable Janis L. Sammartino, United States District Judge for the Southern District of California, sitting by designation.

MEMORANDUM **

Milton Plummer appeals the dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. A certifícate of appealability was granted with respect to two issues: (1) whether Plummer properly exhausted his claim that his guilty plea was coerced and not entered knowingly, intelligently, or voluntarily; and (2) whether the district court properly concluded that Plummer’s claim regarding the denial of his motion to withdraw his guilty plea failed to state a claim cognizable on federal habeas review. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Plummer did not exhaust his coercion claim. The claim was never fairly presented to the Nevada Supreme Court. *O’Sullivan v. Boerckel,*526 U.S. 838, 848, 119 S.Ct. 1728, 144 L.Ed.2d 1 (1999). The issue addressed on direct appeal concerned the adequacy of Plummer’s plea canvass. His state habeas petition presented the issue whether he understood his plea. And the pro per documents sent to the Nevada Supreme Court were never filed or considered.

We affirm the district court’s decision to deny habeas relief based on the second claim because this claim was also not exhausted. *O’Guinn v. Lovelock Corr. Ctr.,**178502 F.3d 1056, 1059 (9th Cir.2007) (“We may affirm on any ground present in the record.”).

We do not address Petitioner’s uncerti-fied claim because he failed to “ma[k]e a substantial showing of a denial of a constitutional right” to warrant issuance of a certificate of appealability. *Rhoades v. Henry,*598 F.3d 511, 518 (9th Cir.2010).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.