alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

August 16, 2018

No. 04-18-00568-CR

IN RE Justin SOWERS

Original Mandamus Proceeding1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Rebeca C. Martinez, Justice

Luz Elena D. Chapa, Justice

On August 14, 2018, relator filed a pro se petition for writ of habeas corpus. After 

considering the petition and because relator is represented by trial counsel, this court concludes 

relator is not entitled to the relief sought. Accordingly, the petition for writ of habeas corpus is 

DENIED. See TEX. R. APP. P. 52.8(a). The court’s opinion will issue at a later date.

It is so ORDERED on August 16, 2018.

_________________________________

Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 16th day of August, 2018.

___________________________________

KEITH E. HOTTLE,

Clerk of Court

 

1 This proceeding arises out of Cause Nos. 2018CR07490, etc., styled The State of Texas v. Jason Sowers, pending 

in the 437th Judicial District Court, Bexar County, Texas, the Honorable Lori I. Valenzuela presiding.
387 P.2d 1022

#### STATE of Arizona, Appellee, v. Leroy CEPHUS, Appellant.

No. 1405.

Supreme Court of Arizona. In Division.

Dec. 31, 1963.

' Robert Pickrell Atty. Gen., and E. D McBryde, County Atty. of Pinal County, for appellee.

R. N. Pomeroy, Superior, for appellant.

UDALL, Vice Chief Justice.

This appeal was taken from a judgment rendered against the defendant (hereinafter called appellant) on the 17th day of June,, 1963, in which the appellant was found guilty by a jury of assault with a deadly weapon. Thereafter appellant was sentenced to serve a term of not less than seven nor more than ten years in the state prison at Florence, Arizona. Appellant was represented by counsel at the trial.

The testimony shows that during the afternoon of January 27, 1963, the appellant stabbed Roy Lee Tealer in the arm with an ice pick; that before the stabbing took place appellant chased the victim some distance at Bridges’ Camp east of Stanfield, Arizona,, before catching up with him; that an attempt was made by an eyewitness to dissuade and stop appellant at the time he was, chasing the victim, but without avail. It does not appear there were any extenuating circumstances that would be helpful to the appellant or that would explain his violent conduct.

*145Appellant filed his notice of appeal in propria persona and counsel was appointed by the trial court, pursuant to A.R.S. § 13-161, to handle his appeal. Counsel advised this court by written communication that he had searched the record including the transcript of testimony and has been unable to find grounds upon which an appeal could be based. This court ordered the appeal be submitted. On examination of the record and transcript we find no error.

Judgment affirmed.

BERNSTEIN, C. J., and LOCKWOOD, J., concur.
United States Court of Appeals

for the Fifth Circuit

No. 21-60063

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Bruce Crosby, 

Defendant—Appellant.

Appeal from the United States District Court

for the Southern District of Mississippi

No. 1:18-CR-137-1

Before Smith, Stewart, and Graves, Circuit Judges.

Per Curiam:*

Bruce Crosby appeals the within-guidelines sentence for his conviction of possessing methamphetamine with intent to distribute. He contends

that the sentence is procedurally unreasonable because the district court’s 

guidelines calculations relied on a determination of drug quantity not sup-

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 31, 2021

Lyle W. Cayce

Clerk

Case: 21-60063 Document: 00516000241 Page: 1 Date Filed: 08/31/2021
No. 21-60063

2

ported by the evidence. Seeking to enforce the waiverin Crosby’s plea agreement, the government moves to dismiss the appeal or, in the alternative, for 

summary affirmance.

Whether an appeal waiver bars an appeal is a question this court 

reviews de novo. United States v. Keele, 755 F.3d 752, 754 (5th Cir. 2014). The 

question turns on “a two-step inquiry: (1) whether the waiver was knowing 

and voluntary and (2) whether the waiver applies to the circumstances at 

hand, based on the plain language of the agreement.” United States v. Bond, 

414 F.3d 542, 544 (5th Cir. 2005). The record reflects that both conditions 

are met. Crosby avers that at the time he entered into the plea agreement, it 

was not possible for him knowingly to waive the right to challenge his sentence. That argument is unavailing. See United States v. Melancon, 972 F.2d 

566, 567−68 (5th Cir. 1992).

Accordingly, the motion to dismiss is GRANTED, the alternative 

motion for summary affirmance is DENIED, and the appeal is 

DISMISSED.

Case: 21-60063 Document: 00516000241 Page: 2 Date Filed: 08/31/2021
Exhibit 32.1



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



I, Nathanael V. Lentz, President and
Chief Executive Officer of Verticalnet, Inc., a Pennsylvania corporation (the Company), hereby certify to my knowledge that:



| | (1) | The Companys quarterly report on Form 10-Q for the quarterly period ended March 31, 2005 (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.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ NATHANAEL V. LENTZNathanael V. LentzPresident and Chief Executive OfficerDate: May 13,2005




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



35
#### MANHATTAN RY. CO. v. YOUMANS.

(Supreme Court, General Term, First Department.

April 13, 1894.)

In the matter of the Manhattan Railway Company against Sarah E. Youmans.

No opinion. Order affirmed, with $10 costs and disbursements.
#### *In re*SHOVLAIN, Peter Thomas

(MR 20999)

Waukegan, IL

*708Order of the Court:

The motion by Peter Thomas Shovlain to strike his name from the roll of attorneys licensed to practice law in Illinois pursuant to Supreme Court Rule 762(a) is allowed, effective immediately.
# Help Reduce Firefighter Cancer: Join the National Firefighter Registry

Registration is now open.

**Posted: Jan. 17, 2023**

Updated: June 28, 2023

            -   Find similar articles:
            - Health and safety

            - Share on:
            - 
            - 
            - 

As an active, former or retired member of the fire service — paid or volunteer — you now have an opportunity to do something that can help your fellow firefighters.

By adding your information to the National Firefighter Registry (NFR), you can help researchers better understand how your work affects the risk of getting cancer and how to lower this risk. According to National Institute for Occupational Safety and Health (NIOSH) research, cancer is a leading cause of death among firefighters, and research suggests firefighters are at higher risk for certain types of cancers when compared to the general population.

Some of the data requested for an NFR profile includes name, date of birth, and information about work, exposures, health and lifestyle. When cancer diagnoses are found in state cancer registries, NIOSH researchers match NFR profiles and work histories to the state registries. They then seek to obtain work history records from fire departments to better understand the firefighters' exposures and how they may be related to cancer over time.

Any cancer diagnosis information that is linked to an NFR participant is protected by the same safeguards as the other NFR data, including by an Assurance of Confidentiality.

The more firefighters who sign up for the registry through its secure web portal, the more information researchers have to learn about cancer in the fire service and how to protect firefighters from developing cancer in the line of duty. The registry also helps pave the way for new health and safety measures to keep firefighters safe and improve understanding of cancer risk among minority, female, volunteer and wildland firefighters.

> 
The NFR is a critically important initiative in the fight against firefighter cancer, so at the National Fire Academy (NFA), we'll be offering information about the registry to all who attend our on-campus courses, and we'll encourage students to register.
Eriks Gabliks, superintendent, NFA

Jan. 17, 2023: U.S. Fire Administrator Dr. Lori Moore-Merrell and NFA Superintendent Gabliks test registration for the NFR at the Fire Department Safety Officers Association Health and Safety Conference.

You can find out more about the NFR on the NIOSH NFR webpage, including:
            - How the NFR works.
            - Privacy and data security.
            - Materials to share information about the NFR with your fire service network.
            - How to sign up for registry updates.

**To register for the NFR, visit NFR.cdc.gov.**

For information on how to promote the NFR to firefighters across the nation, download the promotion kit PDF.

## About the NFR

The NFR was established in 2018 by NIOSH when Congress passed the Firefighter Cancer Registry Act. It is the largest effort ever undertaken to understand and reduce the risk of cancer among U.S. firefighters.

 https://www.youtube.com/embed/WqQQ4HvYch8
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 this Annual Report of Aleris International, Inc. (the Company) on Form 10-K
for the year ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Steven J. Demetriou, Chairman of the Board and Chief Executive Officer of the Company, and I, Sean M.
Stack, Executive Vice President and 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, to my knowledge that:



|1. | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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: |  | March 31, 2008 |  | /s/ Steven J. Demetriou                             
|      |  |                |  | Steven J. Demetriou                                 
|      |  |                |  | Chairman of the Board and Chief Executive Officer   
|      |  |               
|Date: |  | March 31, 2008 |  | /s/ Sean M. Stack                                   
|      |  |                |  | Sean M. Stack                                       
|      |  |                |  | Executive Vice President and Chief Financial Officer
B1320 (Form 1320) (12/23)

UNITED STATES BANKRUPTCY COURT

_______________ District Of _______________

APPLICATION FOR SEARCH OF BANKRUPTCY RECORDS *

Name of individual or business that is the subject

of the search:

Social-Security No. or Individual Taxpayer-Identification 

No. (ITIN) of Subject:

Employer Tax-Identification No. (EIN) (if any) of Subject:

Please search your records for the following information regarding the individual or business named above:

□ pending or closed bankruptcy cases in this district;

□ pending or closed adversary proceedings;

□ judgments/evidence of satisfaction of judgments; and

□ other [describe briefly]

Please search for the period from _____________________________to ________________________________.

A fee of $34.00** is charged for each name or item searched. Payment by check or money order must be enclosed. Please do 

not send cash through the mail.

Name, address, and phone number of the person requesting the search:

CERTIFICATE OF SEARCH

The undersigned clerk hereby certifies the following results of a diligent search of the records of the court:

[Check only the items for which a search was requested and a fee paid.]

A. Bankruptcy Cases:

□ None found.

□ Case filed on (date).

□ Voluntary □ Involuntary

□ Pending □ Closed on (date).

□ Discharge granted on (date).

B. Adversary Proceedings:

□ None found.

□ Subject is a party to the following proceeding:

 (Plaintiff) v. (Defendant)

Adversary Proceeding No. , filed on (date).

□ Pending □ Closed on (date).

Disposition: □ Dismissed on (date).

□ Final Judgment entered on (date).

Case Number of Related Bankruptcy Case ______________________

 Clerk of the Bankruptcy Court

Date: By: Deputy Clerk

* This form may contain complete social-security numbers. It should not be filed electronically.

** The $12 fee is current as of December 1, 2023. Check uscourts.gov or the Miscellaneous Fee Schedule, which is 

published as an appendix after section 1930 of the Judicial Code (28 U.S.C. § 1930), for the current fee.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       2,151,096
<INT-BEARING-DEPOSITS>                       2,008,451
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 11,012,026
<INVESTMENTS-CARRYING>                      10,008,433
<INVESTMENTS-MARKET>                        10,043,526
<LOANS>                                     59,128,155
<ALLOWANCE>                                    226,784
<TOTAL-ASSETS>                              86,797,822
<DEPOSITS>                                  68,036,989
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                          1,553,087
<LONG-TERM>                                  9,500,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,682
<OTHER-SE>                                   7,706,064
<TOTAL-LIABILITIES-AND-EQUITY>              86,797,822
<INTEREST-LOAN>                              2,358,464
<INTEREST-INVEST>                              656,707
<INTEREST-OTHER>                                90,713
<INTEREST-TOTAL>                             3,106,014
<INTEREST-DEPOSIT>                           1,728,660
<INTEREST-EXPENSE>                           1,968,284
<INTEREST-INCOME-NET>                        1,137,730
<LOAN-LOSSES>                                    6,001
<SECURITIES-GAINS>                              32,400
<EXPENSE-OTHER>                                964,366
<INCOME-PRETAX>                                624,613
<INCOME-PRE-EXTRAORDINARY>                     624,613
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   390,621
<EPS-PRIMARY>                                     2.32
<EPS-DILUTED>                                     2.19
<YIELD-ACTUAL>                                    2.77
<LOANS-NON>                                          0
<LOANS-PAST>                                   192,000
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                192,000
<ALLOWANCE-OPEN>                               223,121
<CHARGE-OFFS>                                    2,338
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                              226,784
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        226,784
        

</TABLE>
Exhibit 32.2

CERTIFICATION

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(SUBSECTIONS (a) AND (b) OF SECTION 1350,

CHAPTER 63 OF TITLE 18, UNITED STATES CODE)

In connection with the Quarterly Report on Form 10-Q of Intermec, Inc. (the Company) for the period ended July 3, 2011, as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Robert J. Driessnack, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                         
|-------------------------
|/s/ Robert J. Driessnack 
|Senior Vice President and
|Chief Financial Officer  

August 9, 2011
EXHIBIT 32.1

              CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, I, Patrick D. O'Brien, Chief Executive Officer
of American Oil & Gas, Inc. (the "Company"), hereby certify that, to the best of
my knowledge:

1.   The Company's Annual Report on Form 10-KSB/A Amendment No. 1 for the period
     ended December 31, 2003, to which this certification is attached as Exhibit
     32.1 (the "Report") fully complies with the requirements of section 13(a)
     or 15(d) 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.

Dated:  December 15, 2004         /s/  Patrick D. O'Brien
                                  -------------------------------------------
                                  Patrick D. O'Brien, Chief Executive Officer
#### In the Matter of Eleanor Venezia et al., Appellants, v Salvatore Albanese et al., Respondents.

In a proceeding to invalidate a petition designating Salvatore Albanese as a *724candidate in the Democratic Party primary election to be held on September 12, 1989, for the public office of Member of the City Council of the City of New York from the 31st Council-manic District, the appeal is from a judgment of the Supreme Court, Kings County (Dowd, J.), dated August 19, 1989, which, *inter alia,*directed the Board of Elections of the City of New York to afford an opportunity to ballot.

Ordered that the judgment is affirmed, without costs or disbursements.

There is no reason to disturb the Supreme Court’s determination to afford Democratic voters an opportunity to ballot at the primary election *(see,*Election Law § 16-100; *Matter of Brown v Ulster County Bd. of Elections,*48 NY2d 614). Such relief was properly granted where, as here, the candidate’s petition was invalidated after a technical challenge and there has been the "intention * * * manifested to nominate some candidate” by the political party involved *(Matter of Hunting v Power,*20 NY2d 680, 681; *Matter of Palais v D’Apice,*112 AD2d 1078; *cf., Matter of Santoro v Kujawa,*133 AD2d 534). Kunzeman, J. P., Eiber, Spatt, Harwood and Balletta, JJ., concur.
* 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

June 6, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-51037

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JULIAN DIAZ-RAMIREZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas 

USDC No. 2:06-CR-192

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

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Julian DiazRamirez raises arguments that are foreclosed by Almendarez-Torres

v. United States, 523 U.S. 224, 235 (1998), which held that

8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate

criminal offense. The Government’s motion for summary affirmance

is GRANTED, and the judgment of the district court is AFFIRMED.