alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

___________ No. 97-8219

___________ * Cyril A. Kolocotronis * * Appellant, * Appeal from the United States * District Court for the v. * Eastern District of Missouri * Veera Dr. Reddy, M.D. * [UNPUBLISHED] Psychiat., * * Appellee. *

___________ Submitted: December 29, 1998 Filed: February 3, 1999

___________ Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________ PER CURIAM. Cyril A. Kolocotronis filed a 28 U.S.C. § 2254 habeas action contesting th e administration of psychotropic medication. The district court transferred the petition to th is court because Kolocotronis had not obtained our authorization prior to filing a succ essive petition. Although Kolocotronis captioned his complaint as a federa l habeas petition, his claims should have been brought as a 42 U.S.C. § 1983 actio n-2-

challenging forced medication as a condition of his confinement. See Washington v. Harper , 494 U.S. 210 (1990); Walton v. Norris , 59 F.3d 67 (8th Cir. 1998). W e therefore remand this matter to the district court for further consideration of the matter as a section 1983 claim. A true copy.
Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
#### MAYFAIR FARMS HOLDING CORPORATION, PLAINTIFF-PETITIONER, v. KRUVANT ENTERPRISES CO., DEFENDANT-RESPONDENT.

*Messrs. Van Riper & Belmont*and *Mr. William A. Wachenfeld*for the petitioner.

*Messrs. Clapp & Eisenberg*for the respondent.

February 27, 1961.

Granted.
<PAGE>
 
                                                                    EXHIBIT 23.1

Consent of Independent Auditors


We hereby consent to the incorporation by reference in the Registration 
Statements of Bio-Imaging Technologies, Inc. (i) on Form S-8 (relating to the 
Company's 1991 Stock Option Plan) filed on March 17, 1995 (Registration No. 
33-90412), (ii) on Form S-8 (relating to the Company's 1991 Stock Option Plan) 
filed on January 17, 1994 (Registration No. 33-74152), and (iii) on Form S-3 
declared effective March 8, 1994 (Registration No. 33-75370), of our report 
dated October 9, 1996 on our audits of the consolidated financial statements of 
Bio-Imaging Technologies, Inc. and subsidiary as of September 30, 1996 and 1995 
and for the years then ended, which reports are included in this Annual Report 
on Form 10-KSB.


GOLDSTEIN GOLUB KESSLER & COMPANY, P.C.
New York, New York

December 18, 1996
#### Milo W. STRAUSBAUGH, Petitioner-Appellant, v. Robert L. AYERS, Jr.*, Warden; et al., Respondents-Appellees.

No. 05-55793.

United States Court of Appeals, Ninth Circuit.

*799Submitted April 16, 2007.**

Filed April 20, 2007.

Milo W. Strausbaugh, Blythe, CA, pro se.

Nicholas N. Paul, Esq., Heather L. Bushman, Dag, Office of the California Attorney General, San Diego, CA, for Respondents-Appellees.

Before: O’SCANNLAIN, CLIFTON, and BEA, Circuit Judges.

*

 Robert L. Ayers, Jr. is substituted for his predecessor Jeanne Woodford, as Warden of California State Prison at San Quentin. *See*Fed. R.App. P. 43(c)(2).

**

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM ***

California state prisoner Milo W. Strausbaugh appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition challenging the denial of parole. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo, *Sass v. California Bd. of Prison Terms,*461 F.3d 1123, 1126 (9th Cir.2006), and we affirm.

Despite Strausbaugh’s contention to the contrary, there is some evidence in the record supporting the parole board’s denial of parole. *See Sass,*461 F.3d at 1128-29 (holding that there is no due process violation if there is some evidence in the record that could support disciplinary board’s conclusion). We agree with the district court’s conclusion that the state court’s decision was neither contrary to, nor involved an unreasonable application of, clearly established Federal law. *See*28 U.S.C. § 2254(d); *Sass,*461 F.3d at 1129.

AFFIRMGED.

***

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

                                                                   EXHIBIT 10.29


                                               February 28, 2000

PricewaterhouseCoopers LLP
1301 Avenue of the Americas
New York, New York  10019


Ladies and Gentlemen:

At December 31, 1999, current liabilities of Prodigy Communications Corporation
("Prodigy") exceeded current assets by $117.8 million.  Included in this amount
are loans payable to Banco Inbursa, S.A. which were arranged under the auspices
of Carso Global Telecom in the amount of $110.2 million.

This letter serves to confirm the following:

1.  Telefonos de Mexico, S.A. de C.V. or any of its subsidiaries (TELMEX) will
    provide additional funding up to $200.0 million, either through capital
    and/or debt financing, to allow Prodigy to continue as a going concern for
    one year from the date of this letter.

2.  TELMEX has available capital and/or debt financing facilities necessary to
    support Prodigy's funding requirements for one year from the date of this
    letter.


Sincerely,

/s/ Adolfo Cerezo

Adolfo Cerezo
Chief Financial Officer
# United States Court of Appeals **for the Fifth Circuit**

____________ No. 22-40710 Summary Calendar

____________ United States of America, Plaintiff—Appellee ,
versus Jose Antonio Carreto, Defendant—Appellant

.

______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19-CR-301-1

______________________________ Before Smith, Southwick, and Douglas, Circuit Judges

. Per Curiam: * A jury convicted Jose Carreto of cons piracy to possess with intent to distribute a mixture containing a detect able amount of heroin resulting in serious bodily injury (counts one and three) and conspiracy to possess with intent to distribute a mixture containi ng a detectable amount of methamphetamine (count two). Carreto moved for a new trial on counts one and three based on newly discovered evidence, i. e., a sworn statement in which Kolton

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5. United States Court of Appeals Fifth Circuit 

### FILED May 10, 2023 Lyle W. Cayce Clerk Case: 22-40710 Document: 00516744906 Page: 1 Date Filed: 05/10/2023No. 22-40710

2 Watson recanted his trial testimony that he purchased heroin from Carreto and later sold it to a young girl who in gested it and overdosed. The district court denied the motion, and Carreto appeals. Carreto has not shown that the court abused its discretion by denying the motion for new trial. See United States v. Pratt , 807 F.3d 641, 645 (5th Cir. 2015). As the court determined , Carreto failed to establish that Watson’s broad, vague statement, which we view with extreme suspicion, would have probably resulted in an acquittal. See United States v. Ardoin , 19 F.3d 177, 181 (5th Cir. 1994); see also United States v. Adi , 759 F.2d 404, 408 (5th Cir. 1985). Carreto’s failure to establis h this factor was fatal to his motion for new trial. See United States v. Freeman , 77 F.3d 812, 817 (5th Cir. 1996); see also United States v. Blackthorne , 378 F.3d 449, 452 (5th Cir. 2004). AFFIRMED

. Case: 22-40710 Document: 00516744906 Page: 2 Date Filed: 05/10/2023
Exhibit 32

CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
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 Kentucky Bancshares, Inc.
(the ?Company?) on Form 10-Q for the period ended March 31, 2011, as filed
with the Securities and Exchange Commission on the date hereof (the
?Report?), the undersigned, the Chief Executive Officer and Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, 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.


Date:      May 16, 2011             By  /s/ Louis Prichard
                                    Louis Prichard
                                    President & Chief Executive Officer

Date:      May 16, 2011             By  /s/ Gregory J. Dawson
                                    Gregory J. Dawson
                                    Chief Financial Officer






39

Lexlibrary/197885.1
#### Patricia O. BROWN, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

No. 2006-7201.

United States Court of Appeals, Federal Circuit.

June 27, 2007.

*ORDER*

Upon consideration of Patricia O. Brown’s unopposed motion to dismiss her appeal,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) All sides shall bear their own costs.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           8,944
<INT-BEARING-DEPOSITS>                              67
<FED-FUNDS-SOLD>                                11,871
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     54,606
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        346,925
<ALLOWANCE>                                      4,427
<TOTAL-ASSETS>                                 435,164
<DEPOSITS>                                     370,933
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                              3,469
<LONG-TERM>                                     22,389
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,208
<OTHER-SE>                                      36,165
<TOTAL-LIABILITIES-AND-EQUITY>                 435,164
<INTEREST-LOAN>                                  7,717
<INTEREST-INVEST>                                  871
<INTEREST-OTHER>                                   160
<INTEREST-TOTAL>                                 8,748
<INTEREST-DEPOSIT>                               3,706
<INTEREST-EXPENSE>                                 352
<INTEREST-INCOME-NET>                            4,690
<LOAN-LOSSES>                                      303
<SECURITIES-GAINS>                                   5
<EXPENSE-OTHER>                                  2,598
<INCOME-PRETAX>                                  2,375
<INCOME-PRE-EXTRAORDINARY>                       2,375
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,572
<EPS-PRIMARY>                                      .36
<EPS-DILUTED>                                      .35
<YIELD-ACTUAL>                                    8.50
<LOANS-NON>                                        693
<LOANS-PAST>                                       826
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  1,519
<ALLOWANCE-OPEN>                                 4,316
<CHARGE-OFFS>                                      270
<RECOVERIES>                                        43
<ALLOWANCE-CLOSE>                                4,392
<ALLOWANCE-DOMESTIC>                             4,392
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
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 Quarterly Report of Optical Cable Corporation (the Company) on Form 10-Q for the quarter ended July 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned
hereby certifies, 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 and
Exchange Act of 1934; and (2) the information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of the Company as of July 31, 2006, and for the period then ended.



|                         |  |                                      
|------------------------ |  | -------------------------------------
|Date: September 14, 2006 |  | /s/ Neil D. Wilkin, Jr.              
|                         |  | Neil D. Wilkin, Jr.                  
|                         |  | Chairman of the Board of Directors,  
|                         |  | President and Chief Executive Officer
EXHIBIT 23.1






                       CONSENT OF INDEPENDENT ACCOUNTANTS



We consent to the  incorporation by reference in the registration  statements of
Columbus  Energy Corp. on Form S-8 (File Nos. 33- 63336,  33-93156 and 33-25743)
of our  report  dated  February  17,  2000,  on our  audits of the  consolidated
financial  statements of Columbus Energy Corp. as of November 30, 1999 and 1998,
and for the years ended  November  30,  1999,  1998,  and 1997,  which report is
included in this Annual Report on Form 10-K.




PricewaterhouseCoopers LLP
Denver, Colorado
February 17, 2000
#### UNITED STATES of America, Plaintiff-Appellee, v. Khalid Saboor HAYNES, Defendant-Appellant.

No. 06-12192

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

June 27, 2007.

Thomas H. Dale, Dale Law Firm, P.A., Orlando, FL, for Defendant-Appellant.

Roberta Josephina Bodnar, U.S. Attorney’s Office, Orlando, FL, for PlaintiffAppellee.

Before TJOFLAT, ANDERSON and HULL, Circuit Judges.

PER CURIAM:

Tom Dale, appointed counsel for Khalid Saboor Haynes in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Haynes’s conviction and sentence is AFFIRMED.
exhibit103.htm


    
      
        

        

      

      
         


      

    


    EXHIBIT
10.3

    


    


    


    CLECO
CORPORATION

    SUPPLEMENTAL
EXECUTIVE RETIREMENT PLAN

    (Amended
and Restated January 1, 2009)

    Amendment
No. 1

    Corrective
Section 409A Amendment

    


    Whereas, Cleco Corporation, a
corporation organized and existing under the laws of the State of Louisiana (the
“Company”), maintains the Cleco Corporation Supplemental Executive Retirement
Plan, which plan was first effective as of July 1, 1992, and was most
recently amended and restated to comply with the provisions of Section 409A of
the Internal Revenue Code of 1986, as amended, effective January 1, 2009 (the
“Plan”);

    


    Whereas, the Company now
desires to supplement and correct such amendment and restatement, effective as
of January 1, 2009;

    


    Now, Therefore, Section
5.1 of the Plan, describing the six-month delay applicable to the payment of
certain retirement benefits accrued under the Plan with respect to “specified
employees” within the meaning of Code Section 409A, shall be made effective with
respect to benefits accrued or vested under the Plan on or after January 1,
2005.

    


    This Amendment No. 1 was
approved by the Board of Directors of Cleco Corporation on December 5, 2008, to
be effective as of the date set forth herein.

    


              

              
                    Cleco
Corporation

    


              By:
/s/ George W.
Bausewine

    


              Its:
Senior Vice President, Corporate Services

    


              Date:
December 8, 2008
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENT INCLUDED IN ITEM 1 OF FORM 10-Q DATED SEPTEMBER 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENT.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          19,063
<SECURITIES>                                         0
<RECEIVABLES>                                    3,316
<ALLOWANCES>                                       280
<INVENTORY>                                      2,826
<CURRENT-ASSETS>                                25,266
<PP&E>                                           4,461
<DEPRECIATION>                                   3,170
<TOTAL-ASSETS>                                  29,676
<CURRENT-LIABILITIES>                            5,066
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            12
<OTHER-SE>                                      24,598
<TOTAL-LIABILITY-AND-EQUITY>                    29,676
<SALES>                                          9,599
<TOTAL-REVENUES>                                 9,599
<CGS>                                            4,597
<TOTAL-COSTS>                                    4,597
<OTHER-EXPENSES>                                 3,158
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (2,176)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,176)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,176)
<EPS-BASIC>                                     (0.18)
<EPS-DILUTED>                                   (0.18)


</TABLE>
Exhibit 99.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF2002

          In connection with the Quarterly Report of Bay Banks of Virginia, Inc. (the “Company”) on Form 10-Q for the period endingSeptember 30, 2002, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned Chief Executive Officer and Treasurer (principal financial officer) of the Company hereby certify, pursuant to 18U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002 that based on their knowledge and belief:  1) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934, and 2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the periods covered in the Report.

|  
/s/ AUSTIN L. ROBERTS, III

 
 
 
  
**Austin L. Roberts, III, Chief Executive Officer**

  
 
 
 
 
 
 
 
/s/ RICHARD C. ABBOTT

 
 
 
  
**Richard C. Abbott, Treasurer**

  
November 14, 2002 |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Case 1:15-cv-00488-MA Document 22 Filed 04/06/16 Page 1 of 2
Case 1:15-cv-00488-MA Document 22 Filed 04/06/16 Page 2 of 2
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#### UNITED STATES of America, Plaintiff-Appellee v. Carlos CORIA, Defendant-Appellant.

No. 11-10005

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 17, 2011.

Suzanna Odette Etessam, Assistant U.S. Attorney, U.S. Attorney’s Office, Dallas, TX, for Plaintiff-Appellee.

David William Coody, Dallas, TX, for Defendant-Appellant.

Before REAVLEY, SMITH, and PRADO, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Carlos Coria has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Coria has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, *828and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 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.