alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 12-10173 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. BRANDEN CALENDER, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:11-CR-94-1

Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM: * Branden Calender appeals the 24-month sentence imposed following the revocation of his supervised release. We review revocation sentences under 1 8 U

. S

. C. § 3742(a)(4)’s “plainly unreasonable” standard. United States v. Miller , 634 F.3d 841, 843 (5th Cir.), cert. denied , 132 S. Ct. 496 (2011). This is

a more deferent i al s tandard than the reasonableness standard that applies to sentences i m posed upon conviction. Id. Under the plainly unreasonable standard, we first assess whether the district court committed procedural error U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Decem ber 1 2, 2 012 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t hasd ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR

. R. 47.5 .4. Case: 12-10173 Document: 00512081547 Page: 1 Date Filed: 12/12/2012No. 12-10173

and then consider “the substantive reasonableness o f the sentence under an abuse-of-discretion sta n dard.” Id. (internal quotation marks and citation omitted). Calender complains that the district court committed procedural error by improperly considering the factors of § 3553(a)(2)(A) in imposing his sentence because subsection (a)(2)(A) is not among the provisions of § 3553 that § 3583(e) directs courts to weigh in fashio n i n g a r e v o cation sentence. See id

. at 844. However, he does not allege, and the record does not reflect, that th e di s t ri c t court, in imposing his revocation sentence, made a ny specific reference to § 3553(a)(2)(A) or that the district court discussed any of the factors set forth in § 3553(a)(2)(A). Calender’s argument instead rests on a statement in the district

co u rt ’ s written judgment of revocation and sentence that the court had considered “all factors” set forth in § 3553(a). Nevertheless, the district court, at sentencing, explained that the 24- month sentence “would app r o p ri a tely address the factors the [c]ourt should consider i n a revocation context.” The court’s references to the factors that “should” be considered indicate that the court limited its decision to the § 3553(a) factors enumerated in § 3583(e). The distric t court’s oral pronouncement at sentencing controls to the extent it conflicts w i th the written judgment. See United States v. Martinez , 2 50 F.3d 941, 942 (5th Cir. 2001). Calender’s argument fails to establish that his revocation sentence is plainly unreasonable. See Miller , 634 F.3d at 843. The judgment is AFFIRMED.

2 Case: 12-10173 Document: 00512081547 Page: 2 Date Filed: 12/12/2012
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1847 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1847

        To suspend temporarily the duty on streptomycin sulfate.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 24, 1998

   Mr. Helms introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
        To suspend temporarily the duty on streptomycin sulfate.

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

SECTION 1. STREPTOMYCIN SULFATE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``     9902.29.44      Streptomycin                                                                             
                        sulfate (CAS No.                                                                        
                        57-92-1)                                                                                
                        (provided for in                                                                        
                        subheading                                                                              
                        2941.20.50)......  Free         No change         No change         On or before 12/    
                                                                                             31/02              
                                                                                                                

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to articles entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of enactment of 
this Act.
                                 <all>
```
Exhibit 99.1

THANKSGIVING COFFEE COMPANY, INC.

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 September 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, the
undersigned Chief Executive Officer 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/ PAUL KATZEFF                          |                                                                                                                                                     
| |                                           |                                                                                                                                                     
| | Chief Executive Officer November 12, 2002 |                                                                                                                                                     
| |                                           |                                                                                                                                                     
| |                                           |
#### Arturo Fabian Pineda, Appellant, v Javar Corporation et al., Respondents, et al., Defendants. (And a Third-Party Action.)

[945 NYS2d 763]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), entered May 5, 2011, which granted the cross motion of the defendants Javar Corporation, Carlos Tab or da, and Sarabanda Night Club for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when the vehicle in which he was a passenger was involved in an accident. Before the accident, the plaintiff purchased alcoholic beverages for Jesus Moros, the driver of the vehicle, at the defendant Sarabanda Night Club (hereinafter Sarabanda). The plaintiff commenced this action against, among others, Sarabanda, Javar Corporation, the entity which owned Sarabanda, and Carlos Taborda, an owner of Sarabanda (hereinafter collectively the respondents). The plaintiff alleged, inter alia, that the respondents served alcoholic beverages to Moros while he was visibly intoxicated, in violation of General Obligations Law § 11-101, the Dram Shop Act.

The Supreme Court properly granted the respondents’ cross motion for summary judgment dismissing the complaint insofar as asserted against them. The respondents established, prima facie, that the plaintiff procured alcohol for Moros, which precludes the plaintiff from recovering against the respondents under the Dram Shop Act *(see Reese v Sierra,*17 AD3d 439, 440 [2005]; *Campbell v Step/Lind Rest. Corp.,*143 AD2d 111 [1988]; *Vandenburg v Brosnan,*129 AD2d 793, 794 [1987], *affd*70 NY2d 940 [1988]). In opposition, the plaintiff failed to raise a triable issue of fact. Skelos, J.P., Leventhal, Belen and Roman, JJ., concur.
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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 110 Media Group, Inc. (the "Company") on
Form 10-KSB for the period ending December 31, 2005 as filed with the Securities
and Exchange Commission on April ___, 2006 (the "Report"), I, William A. Mobley,
Jr., Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 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/ William A. Mobley, Jr.
                           -----------------------------------------
                           William A. Mobley, Jr.
                           Chief Executive Officer
                           June 1, 2006


A signed original of this certification has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.
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Appeal Dismissed and Memorandum Opinion filed September 22, 2020.

In The

Fourteenth Court of Appeals

NO. 14-20-00281-CV

IN THE INTEREST OF M.E.H.

On Appeal from the 345th District Court

Travis County, Texas

Trial Court Cause No. D-1-AG-15-002375

MEMORANDUM OPINION

This is an appeal from a protective order signed January 29, 2020. The notice 

of appeal was filed February 26, 2020. No clerk’s record has been filed. On July 30, 

2020, we issued an order directing appellant, C.H., to provide proof within 30 days 

that she had either arranged to pay for the clerk’s record or complied with the 

requirements of Texas Rule of Civil Procedure 145 in the trial court. We cautioned 

that if she did not provide such proof, we would dismiss the appeal for want of 

prosecution. No such proof has been provided.

Accordingly, the appeal is dismissed. See Tex. R. App. P. 42.3(b). 

PER CURIAM

Panel consists of Justices Wise, Jewell, and Poissant.