alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

August 17, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 05-50126

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SOTERO ALVARADO-JIMENEZ, also known as

Alvarado Sotero-Jimenez,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:04-CR-1528-ALL

--------------------

Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges. 

PER CURIAM:*

Sotero Alvarado-Jimenez (“Alvarado”) appeals the sentence

imposed following his conviction for illegally reentering the

United States following a prior deportation, in violation of

8 U.S.C. § 1326. Finding no error, we affirm. 

Alvarado first argues that, in light of United States v.

Booker, 125 S. Ct. 738 (2005), the district court erred in

imposing a sentence utilizing the Sentencing Guidelines as

mandatory. We review for plain error. See United States v.
No. 05-50126

-2-

Mares, 402 F.3d 511, 520 (5th Cir. 2005), petition for cert.

filed (No. 04-9517) (U.S. Mar. 31, 2005). Application of the

Guidelines as mandatory, even absent a Sixth Amendment violation

as is the case here, is plain or obvious error after Booker. See

United States v. Valenzuela-Quevedo, 407 F.3d 728, 733 (5th Cir.

2005), petition for cert. filed (July 25, 2005) (No. 05-5556). 

However, Alvarado cannot show that the error affected his

substantial rights because the record does not indicate that the

district court would have imposed a lower sentence under an

advisory, rather than a mandatory, Guidelines scheme. See id.;

Mares, 402 F.3d at 522. 

Alvarado’s second argument, that 8 U.S.C. §§ 1326(b)(1) and

(b)(2) are unconstitutional, is foreclosed by Almendarez-Torres

v. United States, 523 U.S. 224, 235, 239-47 (1998). See United

States v. Martinez-Mata, 393 F.3d 625, 629 n.3 (5th Cir. 2004),

cert. denied, 125 S. Ct. 1877 (2005). Alvarado concedes this

point, but raises it to preserve the matter for further review. 

For the foregoing reasons, the judgment of the district

court is AFFIRMED.
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 21-2013

CLAIRE HICKEY; AKIRA KIRKPATRICK; VALERI NATOLI;

CANDACE N. GRAHAM; CARLY SWARTZ; NICHOLAS BOWES,

on behalf of themselves and all others similarly situated,

 Appellants

v.

UNIVERSITY OF PITTSBURGH

(W.D. Pa. No. 2-20-cv-00690)

_____________

No. 21-2016

BROOKE RYAN, individually and on behalf of all others similarly situated; 

CHRISTINA FUSCA, on behalf of herself all others similarly situated,

 

Appellants

v.

TEMPLE UNIVERSITY

Present: HARDIMAN, KRAUSE and MATEY, Circuit Judges

Unopposed Joint Motion of Defendants-Appellees University of Pittsburgh 

and Temple University to Amend Precedential Opinion

Respectfully,

Clerk/ARR

_________________________________ORDER________________________________

The aforementioned motion is granted, and an amended opinion shall be filed 

contemporaneously with this order. As the amendment does not alter the Court’s 

judgment, the judgment entered August 11, 2023 will remain as filed.
By the Court,

s/ Cheryl Ann Krause

Circuit Judge

Dated: September 6, 2023

ARR/cc: All Counsel of Record
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 09-17

IN RE: EFFECT OF HURRICANE MARIA ON POSTAL SERVICE

Before DAVIS, Chief Judge, and SCHOELEN, PIETSCH, BARTLEY, GREENBERG, 

ALLEN, MEREDITH, AND TOTH, Judges.

O R D E R

The devastation caused by Hurricane Maria in Puerto Rico has required the United States 

Postal Service (USPS) to suspend some mail services in Puerto Rico and the U.S. Virgin Islands. 

This emergency measure by the USPS potentially will delay filing of new appeals or pleadings in 

cases pending at the Court for self-represented appellants and legal representatives located within 

Puerto Rico and the U.S. Virgin Islands, as well as actions by the Secretary where necessary 

records are located in those locales. Accordingly, it is

ORDERED that, in cases originating in Puerto Rico and the U.S. Virgin Islands, the 

deadline for filing any document (e.g., case-opening documents, briefs) due to be filed in the 

U.S. Court of Appeals for Veterans Claims between September 18 and October 31, 2017, is 

automatically extended to November 1, 2017. The Court will re-evaluate at the end of October 

2017 whether an additional automatic extension of case-filing deadlines in this Court is 

necessary.

DATED: October 3, 2017 PER CURIAM
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, 2007 (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 10th day of September, 2007 |  |  |  | /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, 2007 (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 10th day of September, 2007 |  |  |  | /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.
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              MAY-31-1999
<PERIOD-START>                                 JUN-01-1998
<PERIOD-END>                                   MAY-31-1999
<CASH>                                         12810
<SECURITIES>                                   0
<RECEIVABLES>                                  993
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               13803
<PP&E>                                         112234
<DEPRECIATION>                                 3661
<TOTAL-ASSETS>                                 122436
<CURRENT-LIABILITIES>                          100
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       59974
<OTHER-SE>                                     62362
<TOTAL-LIABILITY-AND-EQUITY>                   122336
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               14928
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (14928)
<INCOME-TAX>                                   100
<INCOME-CONTINUING>                            (14827)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (14827)
<EPS-BASIC>                                  (.003)
<EPS-DILUTED>                                  (.003)



</TABLE>
Exhibit 32.1   BINGHAM CANYON CORPORATION   CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  The undersigned executive officer of Bingham Canyon Corporation certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:  • the annual report on Form 10-K of the Company for the year ended December 31, 2009, 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-K fairly presents, in all material respects, the financial condition and results of operations of the Company.  Date:  March  18, 2010/s/ Brett D. Mayer
Brett D. Mayer
Principal Executive Officer
Principal Financial Officer
<PAGE>

                                                                    Exhibit 99.1

                                VERTICALNET, INC.

                  CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER
          RELATING TO A PERIODIC REPORT CONTAINING FINANCIAL STATEMENTS


      I, Kevin S. McKay, President and Chief Executive Officer of Verticalnet,
Inc., a Pennsylvania corporation (the "Company"), hereby certify that:

      (1) The Company's periodic report on Form 10-Q for the period ended
September 30, 2002 (the "Form 10-Q") fully complies with the requirements of
Section 13(a) of the Securities Exchange Act of 1934, as amended; and

      (2) The information contained in the Form 10-Q fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

                                      * * *


_____________________________________
Kevin S. McKay
President and Chief Executive Officer
Date: November 7, 2002
#### The People of the State of New York, Respondent, v Lennox Prescott, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pizzuto, J.), rendered November 23, 1982, convicting him of rape in the first degree (two counts), sodomy in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgement is affirmed.

Under the circumstances herein, the defense counsel’s failure to request or pursue certain pretrial suppression hearings does not constitute ineffective assistance of counsel *(see, People v Boero,*117 AD2d 814; *People v Morris,*100 AD2d 630, *affd*64 NY2d 803; *People v Bonk,*83 AD2d 695). Viewing the trial in its entirety, the defendant received meaningful and effective representation *(see, People v Baldi,*54 NY2d 137). Mollen, P. J., Mangano, Brown and Lawrence, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

DAVID W. PRICE, ) a/k/a DAVID WAYNE PRICE, ) ) Appellant, ) ) v. ) Case No. 2D18-570 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed January 18, 2019. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Charlotte County; George C. Richards, Judge. David W. Price, pro se.

PER CURIAM.

Affirmed.
CASANUEVA, VILLANTI, and MORRIS, JJ., Concur.
<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

I, John F. Corcoran, Chief Financial Officer of CNA Surety Corporation (the
"Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that to the best of my knowledge:

      (1)   the Quarterly Report on Form 10-Q/A of the Company for the quarterly
            period ended September 30, 2003 (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. 78m or 78o(d)); 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/ John F. Corcoran
----------------------------------

John F. Corcoran
Senior Vice President and Chief Financial Officer


                                       50
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 on Form 10-Q of Active Power, Inc. (the
Company) for the period ending March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James A. Clishem, President 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, to my knowledge:



|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

A signed original of this written statement required by Section 906 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.



/s/ James A. ClishemJames A. ClishemPresident and Chief Executive OfficerApril 28, 2008
CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned officer of Pinnacle Resources, Inc. (the "Company"),
hereby certifies, to such officer's knowledge, that the Company's
report on Form 10-Q for the three and six months ended December 31,
2008 (the "Report") fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934 and that the information
contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.

                                  /s/ Glen R. Gamble
                                  ------------------------
                                  Glen R. Gamble
                                  Chief Executive Officer

February 13, 2009
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 6746

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. JOHN E. HARGROVE , Defendant

- Appellant

.

Appeal from the United States District Court for the Northern District of West Virginia , at Martinsburg

. Gina M. Groh , Chief District Judge. ( 3:07

- cr - 00058

- GMG

- RWT

- 1 )

Submitted : September 22, 2020 Decided: September 25, 2020

Before NIEMEYER, KEENAN, and FLOYD , Circuit Judges.

Affirmed by un published per curiam opinion

. John E. Hargrove, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: John E. Hargrove appeals the district court’s order cons truing Hargrove’s request for the court to provide a cost for copies of all transcripts from his criminal case as a motion for transcripts and denying that relief . We have reviewed the record and find no reversible

error or abuse of discretion . According ly, we affirm for the reasons stated by the district
court. United States v. Hargrove , No. 3:07

- cr - 00058

- GMG

- RWT

- 1 (N.D.W. Va. Apr. 8, 2020). We deny Hargrove’s motion to preclude certain BOP officials from handling or processing his legal materials. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
EXHIBIT 32.1

                     CERTIFICATION OF PRESIDENT PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003

In connection with the Quarterly Report of OraLabs Holding Corp. (the "Company")
on Form 10-QSB for the period ending March 31, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the "Report") I, Gary H. Schlatter,
President of the Company, certify, pursuant to 18 USC SS. 1350, as adopted
pursuant to SS. 906 of the Sarbanes-Oxley Act of 2002, that to the best of my
knowledge and belief:

(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/ GARY H. SCHLATTER
----------------------------
GARY H. SCHLATTER, PRESIDENT



DATED MAY 23, 2005

A signed original of this written statement required by Section 906 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.
#### M. Cooper Motor Leasing, Ltd., Respondent, v Data Discount Center, Inc., et al., Appellants.

— In an action to recover damages for breach of a contract to lease an automobile, the defendants appeal from an order of the Supreme Court, Queens County (Lerner, J.), dated June 20, 1985, which denied their motion to vacate their default in appearing for trial.

Ordered that the order is affirmed, with costs.

In order for the defendants to be relieved of their default in appearing for trial, they must establish that (1) there is a reasonable excuse for their failure to appear, and (2) there exists a meritorious defense to this action *(see, Saltzman v Knockout Chem. & Equip. Co.,*108 AD2d 908; *Passalacqua v Banat,*103 AD2d 769, *appeal dismissed*63 NY2d 770; 5 Weinstein-Korn-Miller, NY Civ Prac ¶ 5015.04, at 50-288 — 50-289).

The defendants’ motion to vacate their default was supported only by the affirmation of their attorney who had no personal knowledge of the facts constituting the alleged meritorious defense. Such an affirmation has no substantive probative value as to a showing of a meritorious defense, and the motion to vacate the defendants’ default was therefore properly denied *(see, Solargen Elees, v General Elec. Co.,*86 AD2d 792; *Andreano v Testa,*64 AD2d 1019; *Ferreri v Winston Mall,*54 AD2d 970). Mangano, J. P., Brown, Weinstein and Spatt, JJ., concur.
[Federal Register Volume 66, Number 81 (Thursday, April 26, 2001)]
[Notices]
[Page 20976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10318]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP96-312-054]


Tennessee Gas Pipeline Company; Notice of Errata Filing

April 20, 2001.
    Take notice that on April 17, 2001, Tennessee Gas Pipeline Company 
(Tennessee), tendered for filing an Errata Letter Filing in the above-
referenced docket.
    Tennessee states that the Errata Letter Filing contains a complete 
copy of a Gas Transportation Agreement between Tennessee and Virginia 
Power Energy Marketing, Inc. (VEPCO) pursuant to Tennessee's Rate 
Schedule FT-A (FT-A Service Agreement). Tennessee further states that 
the copy of the FT-A Service Agreement that was filed on April 11, 2001 
in this docket inadvertently omitted certain pages of the agreement.
    Any person desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, in accordance with section 385.211 of the 
Commission's Rules and Regulations. All such protests must be filed in 
accordance with section 154.210 of the Commission's Regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceedings. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room. This filing may also be viewed on the web at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance). 
Comments, protests, and interventions may be filed electronically via 
the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the 
instructions on the Commission's web site at
http://www.ferc.fed.us/efi/doorbell.htm.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 01-10318 Filed 4-25-01; 8:45 am]
BILLING CODE 6717-01-M
Exhibit 24.1

                            LIMITED POWER OF ATTORNEY

                             NEWPOWER HOLDINGS, INC.

     The undersigned director of NewPower Holdings, Inc. ("NewPower") does
hereby constitute and appoint H. Eugene Lockhart, William I Jacobs and Marc E.
Manly, and each of them, with full power of substitution, my true and lawful
attorneys-in-fact and agents to do any and all acts and things in my name and on
my behalf in my capacity as a director of NewPower in connection with, and only
in connection with, the filing of the Annual Report on Form 10-K for the fiscal
year ended December 31, 2000 (the "Annual Report") (including, but not limited
to, the execution of any and all instruments for me and in my name which such
person may deem necessary or advisable to enable NewPower to comply with the
Securities Exchange Act of 1934 (the "Act") and any rules, regulations and
requirements of the Securities and Exchange Commission, in connection with the
filing of the Annual Report), including specifically, but not limited to, the
power and authority to sign for me any and all amendments to the Annual Report;
and I do hereby ratify and confirm all that such person or persons shall do or
cause to be done by virtue hereof.

                               By:
                                  -----------------------------------------

                               Name:
                               Title:  Director
                               Date:   March ___, 2001