alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order filed March 10, 2022 

In The

Fourteenth Court of Appeals

____________

NO. 14-21-00472-CV

____________

CURTIS TYLER, Appellant

V.

TORCSILL FOUNDATIONS LLC, Appellee

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 2020-07582

O R D E R

The clerk’s record was filed January 24, 2022. Our review has determined 

that a relevant item has been omitted from the clerk's record. See Tex. R. App. P.

34.5(c). The record does not contain the motion for summary judgment filed by 

defendants Torcsill Foundations, LLC and Intervale Capital, LLC.
The Harris County District Clerk is directed to file a supplemental clerk’s 

record on or before March 21, 2022, containing the motion for summary judgment 

filed by defendants Torcsill Foundations, LLC and Intervale Capital, LLC.

If the omitted item is not part of the case file, the district clerk is directed to 

file a supplemental clerk’s record containing a certified statement that the omitted 

item is not a part of the case file.

PER CURIAM

Panel Consists of Justices Wise, Poissant, Wilson.
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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-30686

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

DANA HICKS,

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:94-CR-97-3

Before GARZA, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:*

Dana Hicks, federal prisoner # 24060-034, appeals the denial of his motion

for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). Hicks pleaded guilty

to possession with intent to distribute crack cocaine and was sentenced to 236

months’ imprisonment. He argues that he is entitled to a reduction pursuant to

Amendment 706, which modified the guidelines ranges applicable to crack

cocaine offenses to reduce the disparity between crack cocaine and powder

United States Court of Appeals

Fifth Circuit

F I L E D

February 19, 2010

Charles R. Fulbruge III

Clerk

Case: 08-30686 Document: 00511031237 Page: 1 Date Filed: 02/19/2010
No. 08-30686

2

cocaine sentences. U.S.S.G. Supp. to App’x C, Amend. 706; see also United

States v. Burns, 526 F.3d 852, 861 (5th Cir. 2008).

“Section 3582(c)(2) permits a district court to reduce a term of

imprisonment . . . if such a reduction is consistent with the policy statements

issued by the Sentencing Commission.” United States v. Gonzalez-Balderas, 105

F.3d 981, 982 (5th Cir. 1997). “[A] reduced term of imprisonment [is not] a

matter of right,” however. U.S.S.G. § 1B1.10, comment (backg’d.); see Doublin,

572 F.3d at 238 (“[R]eductions under 18 U.S.C. § 3582(c)(2) are not mandatory;

this section merely gives the district court discretion to reduce a sentence under

limited circumstances.”).

Hicks acknowledges that the district court may consider post-sentencing

behavior when deciding a § 3582(c)(2) motion. He argues that in his case,

however, the district court focused only on his negative behavior and ignored his

educational and vocational accomplishments. He states that the district court’s

treatment of his prison record essentially re-punishes him and ignores the

Sentencing Commission’s concern that the previous crack cocaine sentencing

regime was too high.

The amended Guidelines required that the district court consider Hicks’s

post-sentence conduct. See § 1B1.10, comment (n.1(B)). Given that Hicks’s

disciplinary record included infractions for violent behavior, the district court did

not abuse its discretion in declining to reduce Hicks’s sentence. See Doublin, 572

F.3d at 237.

AFFIRMED.

Case: 08-30686 Document: 00511031237 Page: 2 Date Filed: 02/19/2010
Exhibit 32.1



CERTIFICATIONS

PURSUANT TO SECTION 906

OF

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



The undersigned, as the Chief Executive Officer of Logility, Inc., certifies that, to the best of his knowledge and belief, the Quarterly Report on Form 10-Q for the fiscal quarter ended July 31, 2005 (the
Report), which accompanies this certification, fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of Logility, Inc. at the dates and for the periods indicated. The foregoing certification is made pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) and shall not be
relied upon for any other purpose.



|                                |  |                                             
|------------------------------- |  | --------------------------------------------
|This 13thday of September, 2005 |  | /s/ J. Michael Edenfield                    
|                                |  | J. Michael Edenfield Chief Executive Officer



The undersigned, as the Chief
Financial Officer of Logility, Inc., certifies that, to the best of his knowledge and belief, the Quarterly Report on Form 10-Q for the fiscal quarter ended July 31, 2005 (the Report), which accompanies this certification, fully complies
with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Logility, Inc. at the dates and
for the periods indicated. The foregoing certification is made pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) and shall not be relied upon for any other purpose.



|                                |  |                                           
|------------------------------- |  | ------------------------------------------
|This 13thday of September, 2005 |  | /s/ Vincent C. Klinges                    
|                                |  | Vincent C. Klinges Chief Financial
Officer



A signed original of this written
statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to
Logility, Inc. and will be retained by Logility, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



The information in this Exhibit 32.1 shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall it be
deemed incorporated by reference in any filing under the Securities Act of 1933, except as shall be expressly set forth by specific reference in such filing.
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**Exhibit 12.2**

 

**CERTIFICATION**

 

I, Sylvie Moser-Savage, certify that: 

 

1. I have reviewed this annual report on Form 20-F of Metal Storm Limited; 

 

2. Based on my knowledge, this annual report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this annual report; 

 

3. Based on my knowledge, the financial statements, and other financial information included in this annual report, fairly present in all material respects the financialcondition, results of operations and cash flows of the company as of, and for, the periods presented in this annual report; 

 

4. The company’s other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) 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 registrant, including its consolidated subsidiaries, ismade 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 theeffectiveness 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 period covered by theannual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and 

 

5. The company’s other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to thecompany’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent function): 

 

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonablylikely to adversely affect the company’s ability to record, process, summarize and report financial information; and 

 

b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control overfinancial reporting. 

 

Date: July 15, 2004
I 

111TH CONGRESS 

2D SESSION H. R. 5898 

To amend the Buy American Act to require each department or independent 

establishment to conduct an annual audit of its contracts for compliance 

with such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2010 

Ms. SHEA-PORTER introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To amend the Buy American Act to require each department 

or independent establishment to conduct an annual audit 

of its contracts for compliance with such Act, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Buy America Account5 ability Act of 2010’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
2 

•HR 5898 IH

1 SEC. 2. AUDIT OF CONTRACTS REQUIRED. 

2 Section 2 of the Buy American Act (41 U.S.C. 10a) 

3 is amended by adding at the end the following new sub4 section: 

5 ‘‘(c) AUDIT OF CONTRACTS REQUIRED.— 

6 ‘‘(1) IN GENERAL.—Not later than 90 days 

7 after the end of a fiscal year, the head of each de8 partment or independent establishment shall submit 

9 to Congress a report that contains an evaluation 

10 performed by such department or independent estab11 lishment of contractor compliance with the provi12 sions of this Act for at least 10 percent of the con13 tracts awarded by the department or independent es14 tablishment during that fiscal year for the procure15 ment of articles, materials, or supplies. 

16 ‘‘(2) PUBLIC AVAILABILITY.—The head of each 

17 Federal agency submitting a report under paragraph 

18 (1) shall make the report publicly available to the 

19 maximum extent practicable. 

20 ‘‘(3) EXCEPTION FOR THE INTELLIGENCE COM21 MUNITY.—The report required under this subsection 

22 shall not cover acquisitions made by an agency, or 

23 component thereof, that is an element of the intel24 ligence community as specified in, or designated 


emcdonald on DSK2BSOYB1PROD with BILLS
3 

•HR 5898 IH

1 under, section 3(4) of the National Security Act of 

2 1947 (50 U.S.C. 401a(4)).’’. 

Æ 


emcdonald on DSK2BSOYB1PROD with BILLS
<PAGE>
 
Exhibit 11




                                   LOGILITY, INC.
               Statement re: Computation of Per Share Earnings (Loss)
                      (In thousands, except per share amounts)


<TABLE> 
<CAPTION> 
                                      Three Months Ended              Six Months Ended
                                          October 31,                    October 31,
                                   ---------------------------      ------------------------
                                      1998             1997           1998            1997
                                   ----------     ------------      ---------      ---------
<S>                                <C>            <C>               <C>            <C>   
Common Stock:
    Weighted average common            13,490           11,902         13,520          11,601
       shares outstanding

Dilutive effect of outstanding              -               11              -               5
        stock options *
                                   ----------     ------------      ---------      ----------  

              Total                    13,490           11,913         13,520          11,606
                                   ----------     ------------      ---------      ----------  

Net income (loss)                  $   (5,354)    $        961      $  (8,773)     $    1,185
                                   ==========     ============      =========      ==========

Income (loss) per common
    and common equivalent share*   $    (0.40)    $       0.08      $   (0.65)     $     0.10

                                   ==========     ============      =========      ==========
</TABLE> 


* Stock options are not included in the three and six months ended October 31,
1998 calculation due to the anti-dilution to the net loss.

                                      21
<PAGE>
                                                                    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 on Form 10-QSB of ImproveNet, Inc., a
Delaware corporation (the "Company"), for the quarterly period ended September
30, 2003, as filed with the Securities and Exchange Commission on the date
hereof (the "Report") I, Jeffrey I. Rassas, Co-Chairman and Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

    3.  The Report fully complies with the requirements of Section 13(a) or
        15(d) of the Securities Exchange Act of 1934 (15 U.S.C. Section 78m(a)
        or 78o(d)): and

    4.  The information contained in the Report fairly presents, in all material
        respects, the financial condition and results of operations of the
        Company.

ImproveNet, Inc.

/s/Thomas A. Cifelli
------------------------------------
Thomas A. Cifelli
Chief Financial Officer

Dated: November 13, 2003
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6104 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6104

To amend title 4, United States Code, to authorize members of the Armed 
 Forces not in uniform and veterans to render a military salute during 
              the recitation of the pledge of allegiance.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 10, 2010

  Mr. Terry introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend title 4, United States Code, to authorize members of the Armed 
 Forces not in uniform and veterans to render a military salute during 
              the recitation of the pledge of allegiance.

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

SECTION 1. MILITARY SALUTE DURING RECITATION OF PLEDGE OF ALLEGIANCE BY 
              MEMBERS OF THE ARMED FORCES NOT IN UNIFORM AND BY 
              VETERANS.

    Section 4 of title 4, United States Code, is amended by adding at 
the end the following new sentence: ``Members of the Armed Forces and 
veterans who are present but not in uniform may render the military 
salute in the manner provided for individuals in uniform.''.
                                 <all>
```
EXHIBIT 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION
                      906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Lee Cole, Chief Executive Officer of Bioaccelerate Holdings,
Inc. (the Company) and Linden J.H. Boyne, Chief Financial Officer of the
Company, do each certify, pursuant to 18 U.S.C. ss. 1350, that:

1. The annual report on Form 10-KSB of the Company (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/ Lee Cole
------------------------------------
Lee Cole
Chief Executive Officer
September 16, 2005


/s/ Linden J H Boyne.
-----------------------
Linden J H Boyne
Chief Financial Officer
September 16, 2005


                                    - 136 -