alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Jesus VALENCIA, Defendant-Appellant.

No. 10-11060

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

June 21, 2011.

Susan Cowger, Assistant U.S. Attorney, U.S. Attorney’s Office, Dallas, TX, for Plaintiff-Appellee.

Kevin Joel Page, Richard Alan Anderson, Federal Public Defender’s Office, Dallas, TX, for Defendant-Appellant.

PER CURIAM: *

The Federal Public Defender appointed to represent Jesus Valencia 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). Valencia 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.

Although counsel has moved for remand to correct a clerical error in the judgment, the error has been resolved. The judgment was not properly uploaded to this court. As a result, several pages of the judgment, as it appeared in the paper and electronic appellate record, were blank. The completed judgment is now available in the appellate record.

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2. Counsel’s motion for REMAND is DENIED AS MOOT.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.
Exhibit 32.1  WorldNet, Inc. of Nevada  CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  The undersigned officer of WorldNet, Inc. of Nevada certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  • the annual report on Form 10-KSB of the Company for the year ended December 31, 2006, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  • the information contained in the Form 10-KSB fairly presents, in all material respects, the financial condition and results of operations of the Company.    Date:   March 27, 2007  /s/ Donald R. Mayer Donald R. Mayer Principal Executive Officer Principal Financial Officer
#### J.M. Braun Builders, Inc., et al., Appellants, v Maryland Casualty Company et al., Respondents, et al., Defendants.

(Appeal No. 2.)

Order insofar as appealed from unanimously affirmed without costs. Same memorandum as in *Braun Bldrs. v Maryland Cas. Co.*([appeal No. 1] 152 AD2d 963). (Appeal from order of Supreme Court, Erie County, Rath, J. — selection of counsel.) Present — Dillon, P. J., Callahan, Den-man, Green and Pine, JJ.
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EXHIBIT
31.1





CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED


PURSUANT
TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002




I, Robert
T. Faber, certify that:




1. I
have reviewed this annual report on Form 10-K of GoldSpring, Inc.;




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 statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;





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





4. I am
responsible for establishing and maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and
have:





a)designed
such disclosure controls and procedures to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made
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 registrant's disclosure controls and procedures as of a
date within 90 days prior to the filing date of this annual report (the
"Evaluation Date"); and





c)
presented in this annual report our conclusions about the effectiveness of the
disclosure controls and procedures based on our evaluation as of the Evaluation
Date;





5. I have
disclosed, based on my most recent evaluation, to the registrant's auditors and
the audit committee of the registrant's board of directors (or persons
performing the equivalent functions):





a)all
significant deficiencies in the design or operation of internal controls which
could adversely affect the registrant's ability to record, process, summarize,
and report financial data and have identified for the registrant's auditors any
material weaknesses in internal controls; and





b) any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant's internal controls.





/s/ ROBERT
      T. FABERRobert
      T. FaberPresident
      and Chief Executive Officer and
                  Chief
      Financial Officer





Date:
April 14 , 2009
Exhibit 24.1
 POWER OF ATTORNEY
   SIGNATURE
    
    TITLE
    
    DATE/s/ Stephen A. Wells

Stephen A. Wells
    
    Chairman of the Board
    
    February 20, 2009/s/ Martin Lambert

Martin Lambert
    
    Director
    
    February 20, 2009/s/ S. James Nelson

S. James Nelson
    
    Director
    
    February 20, 2009/s/ Mark G. Papa

Mark G. Papa
    
    Director
    
    February 20, 2009/s/ Gary L. Rosenthal

Gary L. Rosenthal
    
    Director
    
    February 20, 2009/s/ Christopher T. Seaver

Christopher T. Seaver
    
    Director
    
    February 20, 2009/s/ Douglas E. Swanson

Douglas E. Swanson
    
    Director
    
    February 20, 2009/s/ William T. Van Kleef

William T. Van Kleef
    
    Director
    
    February 20, 2009
| EXHIBIT      32.1 |
|-------------------|

|   | (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. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:             March      18, 2009 | /s/ Sean C.      Cutting                 |   |
|---------------------------------------------------------------------------|------------------------------------------|--------|
|                                                                      |  Sean      C. Cutting               |   |
|                                                                      |  Chief      Executive Officer       |   |
|                                                                      |  (Principal      Executive Officer) |   |

| Dated:             March      18, 2009 | /s/ Mary Dieter      Smith                              |   |
|---------------------------------------------------------------------------|---------------------------------------------------------|--------|
|                                                                      |  Mary      Dieter Smith                            |   |
|                                                                      |  Chief      Financial Officer                      |   |
|                                                                      |  (Principal      Financial and Accounting Officer) |   |
##### 



EXHIBIT 31.1
  CERTIFICATION
    By
    Principal Executive Officer Pursuant to
    Rules 13a-14(a)/15d-14(a)
    under the Securities Exchange
    Act of 1934, as amended
    Form 10-KSB
      Rules 13a-15(e)
  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, is made
    known to us by others within those entities, particularly during
    the period in which this report is being prepared;b)
    Evaluated the effectiveness of the registrants disclosure
    controls and procedures and presented in this report our
    conclusions about the effectiveness of the disclosure controls
    and procedures, as of the end of the period covered by this
    report based on such evaluation; andc)
    Disclosed in this report any change in the registrants
    internal control over financial reporting that occurred during
    the registrants most recent fiscal quarter that has
    materially affected, or is reasonably likely to materially
    affect, the registrants internal control over financial
    reporting; and    a)
    All significant deficiencies and material weaknesses in the
    design or operation of internal controls over financial
    reporting which are reasonably likely to adversely affect the
    registrants ability to record, process, summarize and
    report financial information; andb)
    Any fraud, whether or not material, that involves management or
    other employees who have a significant role in the
    registrants internal control over financial reporting.  Dated: March 29, 2007

/s/ William H. Burns, Jr.William H. Burns, Jr. 
    Chief Executive Officer 
    (principal executive officer of Minrad International, Inc.)
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration Statements on Forms S-3
(No. 333-148758) and S-8 (Nos. 333-138631, 333-145232, 333-155115, 333-157869 and 333-165405) of
Metabolix, Inc. of our report dated March 10, 2011 relating to the financial statements and the effectiveness of internal control over financial reporting, which appears in this
Form 10-K.We also consent to the reference to us under the heading "Selected Consolidated Financial Data" in this Form 10-K.

/s/
PricewaterhouseCoopers LLP
Boston, Massachusetts
March 10, 2011

---



QuickLinks
**Exhibit 99.8**SECTION 906 CERTIFICATIONCERTIFICATION(pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002)     In connection with the Annual Report on Form 40-F for the fiscal year ended December 31, 2005of Hydrogenics Corporation (the “Company”) as filed with the U.S. Securities and ExchangeCommission (the “Commission”) on the date hereof (the “Report”) and pursuant to 18 U.S.C. § 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Lawrence Davis, ChiefFinancial Officer of the Company, certify, that:     (1) the Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and     (2) the information contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.     By: /s/ Lawrence Davis       Name: Lawrence Davis  Title: Chief Financial Officer       Date: March 14, 2006  A signed original of this written statement required by Section 906 has been provided toHydrogenics Corporation and will be retained by Hydrogenics Corporation and furnished to theSecurities and Exchange Commission or its staff upon request.
TRACE K. LINDEMAN CLER?F "

‘ IPREME COURT 

### ORDER DISMISSING APPEAL BY • - DEPUTY CLERK IN THE SUPREME COURT OF THE STATE OF NEVADA

BRANDON J. QUINONEZ, Appellant, vs. THE STATE OF NEVADA, Respondent. No. 69530



# FILED
MAR 04 2016

This appeal was initiated by the filing of a pro se appeal. Second Judicial District Court, Washoe County; David A. Hardy, Judge.

Our review of this appeal reveals a jurisdictional defect. The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists. 

### Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). No statute or court rule provides for an appeal from a district court order denying a motion for speedy trial. To the extent that appellant appeals from the district court order to produce prisoner, no statute or court rule provides for an appeal from such an order. Accordingly, we

ORDER this appeal DISMISSED.

Douglas

SUPREME COURT OF NEVADA
tO) 1947A 

### e 1(, -07 0119

### cc: Hon. David A. Hardy, District Judge Brandon J. Quinonez Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT

OF NEVADA 

### 2 (0) 1947A
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT

CORY BARRANT SIVIK , Appellant,

v.

STATE OF FLORIDA , Appellee.

No. 4D 17

- 3592

[ May 9, 2019 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; John S. Kastrenakes , Judge; L.T. Case No. 50

- 2015

- CF

000255

- AXXX

- MB

.
Carey Haughwout, Public Defender, and Stacey Kime, Assistant Public Defender, West Palm Beach, for appellant.

Ashley B. Moody, Attorney General, Tallahassee, and Allan R. Geesey, Assistant Atto rney General, West Palm Beach, for appellee.

P ER C URIAM

.
Affirmed.

G ERBER , C.J., C ONNER , J.

, and M ETZGER , E LIZABETH A ., Associate Judge,

concur.

* * *

Not final until disposition of timely filed motion for rehearing.
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0001043894
<NAME>                        ENVIRO VORAXIAL TECHNOLOGY, INC.
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<EXCHANGE-RATE>                            1
<CASH>                                     276,000
<SECURITIES>                               0
<RECEIVABLES>                              74,000
<ALLOWANCES>                               (24,000)
<INVENTORY>                                117,000
<CURRENT-ASSETS>                           443,000
<PP&E>                                     1,430,000
<DEPRECIATION>                             (392,000)
<TOTAL-ASSETS>                             1,488,000
<CURRENT-LIABILITIES>                      389,000
<BONDS>                                    0
<PREFERRED-MANDATORY>                      0
<PREFERRED>                                6,000
<COMMON>                                   7,000
<OTHER-SE>                                 572,000
<TOTAL-LIABILITY-AND-EQUITY>               1,488,000
<SALES>                                    140,000
<TOTAL-REVENUES>                           140,000
<CGS>                                      57,000
<TOTAL-COSTS>                              269,000
<OTHER-EXPENSES>                           0
<LOSS-PROVISION>                           0
<INTEREST-EXPENSE>                         0
<INCOME-PRETAX>                            (186,000)
<INCOME-TAX>                               0
<INCOME-CONTINUING>                        (186,000)
<DISCONTINUED>                             0
<EXTRAORDINARY>                            0
<CHANGES>                                  0
<NET-INCOME>                               (186,000)
<EPS-BASIC>                                (.03)
<EPS-DILUTED>                              (.03)




</TABLE>
Exhibit 10.11(b)






Exhibit 10.11(b)




SECOND AMENDMENT TO EMPLOYMENT AGREEMENT




THIS SECOND AMENDMENT (this “Amendment”) is made as of the 30th day of March, 2010 to that
certain EMPLOYMENT AGREEMENT, dated as of June 3, 2008 (the “Employment Agreement”), by and between
GARY MERRY (“Employee”) and JOS. A. BANK CLOTHIERS, INC. (“Employer”).



FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby
acknowledged, Employer and Employee, being the sole parties to the Employment Agreement, hereby
amend the Employment Agreement and agree as follows:



1. Subject to earlier termination otherwise set forth in the Employment Agreement, the last
day of the Employment Period shall be January 28, 2012.



2. Effective on the day on which general salary increases, if any, become effective for other
employees of the Employer for fiscal 2010, Employee’s Base Salary shall be $400,000.



Except as specifically amended hereby, the Employment Agreement shall remain in full force and
effect according to its terms. To the extent of any conflict between the terms of this Amendment
and the terms of the remainder of the Employment Agreement, the terms of this Amendment shall
control and prevail. Capitalized terms used but not defined herein shall have those respective
meanings attributed to them in the Employment Agreement. This Amendment shall hereafter be deemed a
part of the Employment Agreement for all purposes. The terms of employment set forth in this
Amendment have been approved by the Compensation Committee of the Board of Directors of the
Employer.



IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above
written.



JOS. A. BANK CLOTHIERS, INC.



	 	 	 	 	 	 	 
	By:

	 	/s/ CHARLES D. FRAZER
	 	 	 	/s/ GARY MERRY
	 

	 	 
	 	 	 	 
	 

	 	Charles D. Frazer,
	 	 	 	GARY MERRY
	 

	 	Senior Vice President—General Counsel
Exhibit 32.2

                           INTRAOP MEDICAL CORPORATION

                            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 Intraop Medical Corporation (the
"Company") on Form 10-K for the period ended September 30, 2008, as filed with
the Securities and Exchange Commission on December 22, 2008, as amended by the
Form 10-K/A filed on the date hereof (the "Report"), I, JK Hullett, Chief
Financial 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:

     (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/ J.K. Hullett
                                                         -----------------------
                                                         J.K. Hullett
                                                         Chief Financial Officer

                                                         Date: May 29, 2009

     A signed original of this written statement required by Section 906 has
been provided to Intraop Medical Corporation and will be retained by Intraop
Medical Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-7075

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DAVID SWIFT,

Defendant - Appellant.

Appeal from the United States District Court for the Middle

District of North Carolina, at Greensboro. Russell A. Eliason,

Magistrate Judge. (CR-89-235; CA-97-116-2)

Submitted: October 29, 2004 Decided: February 10, 2005

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Swift, Appellant Pro Se. Anna Mills Wagoner, United States

Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

David Swift appeals a magistrate judge’s order denying

his Fed. R. Civ. P. 60(b) motion seeking reconsideration of the

denial of his 28 U.S.C. § 2255 (2000) motion. This court may

exercise jurisdiction only over final orders, 28 U.S.C. § 1291

(2000), and certain interlocutory and collateral orders, 28 U.S.C.

§ 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp., 337 U.S. 541 (1949). The magistrate judge’s order is

neither a final order nor an appealable interlocutory or collateral

order. United States v. Bryson, 981 F.2d 720, 723 (4th Cir. 1992)

(magistrate judge may hear matters in § 2255 proceedings, but may

not decide them absent explicit consent). Moreover, where a

dispositive matter is referred to the magistrate judge under 28

U.S.C.A. § 636(b) (West Supp. 2004), parties must have the

opportunity to object, and the district court is required to

conduct de novo review of the portions of the recommendation to

which objections are made. Bryson, 981 F.2d at 723. Accordingly,

we dismiss the appeal for lack of jurisdiction. We dispense with

oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

DISMISSED
I 

111TH CONGRESS 

2D SESSION H. R. 6146 

To amend title 38, United States Code, to make permanent home loan 

guaranty programs for veterans regarding adjustable rate mortgages 

and hybrid adjustable rate mortgages. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 16, 2010 

Ms. GIFFORDS introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to make permanent 

home loan guaranty programs for veterans regarding 

adjustable rate mortgages and hybrid adjustable rate 

mortgages. 

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 ‘‘Warrior Home Loan 

5 Act’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 6146 IH

1 SEC. 2. MAKING PERMANENT CERTAIN HOME LOAN GUAR2 ANTY PROGRAMS FOR VETERANS. 

3 (a) EXTENSION OF DEMONSTRATION PROJECT ON

4 ADJUSTABLE RATE MORTGAGES.—Section 3707(a) of 

5 title 38, United States Code, is amended by striking 

6 ‘‘carry out a demonstration project under this section dur7 ing fiscal years 1993 through 2012’’ and inserting ‘‘carry 

8 out a program’’. 

9 (b) EXTENSION OF DEMONSTRATION PROJECT ON

10 HYBRID ADJUSTABLE RATE MORTGAGES.—Section 

11 3707A(a) of such title is amended by striking ‘‘carry out 

12 a demonstration project under this section during fiscal 

13 years 2004 through 2012’’ and inserting ‘‘carry out a pro14 gram’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS