alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 November 28, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-30360 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus AHMAD R. MUHAMMAD, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:04-CR-98-ALL

-------------------- Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Ahmad R. Muhammad has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967). Our independent review of counsel’s brief, Muhammad’s response, and the record discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2.
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
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#### The People of the State of New York, Respondent, v Carlton Smith, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Heller, J.), rendered April 9, 1985, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf. People v Gonzalez,*47 NY2d 606). Thompson, J. P., Niehoff, Weinstein, Kunzeman and Spatt, JJ., concur.
<TABLE> <S> <C>

<ARTICLE>                  5
<LEGEND>
This  schedule  contains  summary  financial  information  extracted  from  this
Consolidated  Statement  of Financial  Condition  at September  30, 2000 and the
Consolidated  Statement of Income for the Year Ended  September  30, 2000 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>

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<CASH>                                             239,000
<SECURITIES>                                             0
<RECEIVABLES>                                    6,466,000
<ALLOWANCES>                                       349,000
<INVENTORY>                                      2,337,000
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<PP&E>                                           1,346,000
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<TOTAL-ASSETS>                                   9,613,000
<CURRENT-LIABILITIES>                            3,586,000
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<COMMON>                                             1,704
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<OTHER-SE>                                               0
<TOTAL-LIABILITY-AND-EQUITY>                     9,613,000
<SALES>                                         19,087,000
<TOTAL-REVENUES>                                19,087,000
<CGS>                                           12,824,000
<TOTAL-COSTS>                                   18,253,000
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                 249,000
<INCOME-PRETAX>                                    834,000
<INCOME-TAX>                                       360,000
<INCOME-CONTINUING>                                474,000
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                       474,000
<EPS-BASIC>                                            .28
<EPS-DILUTED>                                          .26


</TABLE>
# C_2006080EN.01000701.xml

| 4.4.2006 | EN | Official Journal of the European Union | C 80/7 |
| --- | --- | --- | --- |

4.4.2006

EN

Official Journal of the European Union

C 80/7

---

Notice of termination of the safeguard investigation initiated on 6 July 2005 under Council Regulations (EC) No 3285/94 and (EC) No 519/94, concerning imports of frozen strawberries

(2006/C 80/03)

Further to a request from Poland, a safeguard investigation under Council Regulations (EC) No 3285/94 and (EC) No 519/94, published in Notice 2005/C 165/02 and concerning imports of frozen strawberries was initiated on 6 July 2005.

In accordance with the applicable provisions under Title III of Council Regulation (EC) No 3285/94 and Title III of Council Regulation (EC) No 519/94, the Commission commenced an investigation procedure seeking to determine whether imports of the product in question are causing, or threatening to cause, serious injury to the Community producers concerned. Whilst the Commission procedure for seeking the information deemed necessary from importers, traders, producers, users and exporters is still ongoing, no conclusion may be drawn at the present stage of the investigation.

On 23 December 2005, Poland withdrew its request for safeguard measures. The withdrawal of the request coincided with the lodging of an anti-dumping complaint made on 5 December 2005, against imports of the same product originating in China.

Considering that the request for safeguard measures has been withdrawn and taking into account the outcome of the consultation with the Member States, the Commission sees no reason to further pursue the present investigation. The safeguard investigation concerning imports of frozen strawberries, initiated on 6 July 2005, shall hereby be terminated.

---
1 The Honorable G. Thomas Eisele, United St ates District Judge for the Eastern District of Arkansas. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ Nos. 07-3652, 08-1252/2094

___________ United States of America, * * Appellee, * * Appeals from the United States v. * District Court for the * Eastern District of Arkansas. Larry Thomas, Husband; Rosie Lee * Thomas, Wife, * [UNPUBLISHED] * Appellants. *

___________ Submitted: May 7, 2009 Filed: May 22, 2009

___________ Before RILEY, SMITH, and BENTON, Circuit Judges.

___________ PER CURIAM. Larry and Rosie Lee Thomas app eal from the district court’s 1 adverse grant of summary judgment as well as its denials of their post-judgment motions to quash a writ of assistance and for other relief. On appeal, they argue that the district court lacked subject matter jurisdiction. Upon de novo review, see Myers v. Richland County , 429 F.3d 740, 745 (8th Cir. 2005), we conclude that th e court had jurisdiction2 In particular, we find no merit to appe llants’ jurisdictional argument that is apparently based on Pigford v. Glickman , 185 F.R.D. 82 (D.D.C. 1999), aff’d , 206 F.3d 1212 (D.C. Cir. 2000). -2- under 28 U.S.C. § 1345. 2Finally, we find no basis for reversing the district court’s denials of appellants’ post-judgment motions. Cf. Lara v. Sec’y of Interior , 820 F.2d 1535, 1542-43 (9th Cir. 1987) (district c ourt may issue orders pending appeal to enforce judgment). Accordingly, we affirm in each of these three consolidated appeals. See8th Cir. R. 47B. Appellants’ pending motion for contempt is denied.

______________________________
---

Exhibit 32.1

CERTIFICATIONS PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.
SECTION 1350)

In connection with the Annual Report of mPhase Technologies,
Inc., a New Jersey corporation (the "Company"), on Form 10K/A Amendment No. 4 for the fiscal
year ended June 30, 2009 as filed with the Securities and Exchange Commission
(the "Report"), I, Ronald A. Durando, Chief Executive Officer of the Company
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
Section 1350), that to his 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 results of operations of the
> Company.

/s/ Ronald A. DurandoRonald A. DurandoChief
Executive Officer

June 4, 2010

---