alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
James MYERS v. UNITED STATES

No. 18-6859.

Supreme Court of the United States.

Decided May 13, 2019

The motion of petitioner for leave to proceed *in forma pauperis* and the petition for a writ of certiorari are granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed on March 21, 2019.

Chief Justice ROBERTS, with whom Justice THOMAS, Justice ALITO, and Justice KAVANAUGH join, dissenting.

*1541I dissent from the Court's decision to grant the petition, vacate the judgment, and remand the case. Nothing has changed since the Eighth Circuit held that Myers's conviction for first-degree terroristic threatening qualifies as a "violent felony" under the Armed Career Criminal Act, 18 U.S.C. § 924(e). The Government continues to believe that classification is correct, for the same reasons that it gave to the Eighth Circuit. But the Solicitor General asks us to send the case back, and this Court obliges, because he believes the Eighth Circuit made some mistakes in its legal analysis, even if it ultimately reached the right result. He wants the hard-working judges of the Eighth Circuit to take a "fresh" look at the case, so that they may "consider the substantial body of Arkansas case law supporting the conclusion that the statute's death-or-serious injury language sets forth an element of the crime," and then re-enter the same judgment the Court vacates today. Brief for United States 9, 11.

I see no basis for this disposition in these circumstances. See *Machado v. Holder* , 559 U.S. 966, 130 S.Ct. 1236, 176 L.Ed.2d 175 (2010) (ROBERTS, C.J., dissenting); *Nunez v. United States* , 554 U.S. 911, 912, 128 S.Ct. 2990, 171 L.Ed.2d 879 (2008) (Scalia, J., dissenting). Unless there is some new development to consider, we should vacate the judgment of a lower federal court only after affording that court the courtesy of reviewing the case on the merits and identifying a controlling legal error. This case does not warrant our independent review. If the Government wants to ensure that the Eighth Circuit does not repeat its alleged error, it should have no difficulty presenting the matter to subsequent panels of the Eighth Circuit, employing the procedure for en banc review should it be necessary.

I would deny the petition.
**Exhibit 23.1**

**Consent of Independent Registered Public Accounting Firm**

We consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-45330, 333-45332, 333-62894, 333-86350, 333-135398 and 333-160329) and Form S-3 (Nos. 333-122435, 333-115670, 333-112542,333-129519, 333-131310, 333-136023, 333-137030, 333-139191, 333-146818, 333-155660, 333-160983 and 333-165348) of Arena Pharmaceuticals, Inc. and in the related Prospectuses of our reports dated March 16, 2010, with respect theconsolidated financial statements of Arena Pharmaceuticals, Inc. and the effectiveness of internal control over financial reporting of Arena Pharmaceuticals, Inc. included in the Annual Report (Form 10-K) for the year endedDecember 31, 2009. 

/s/    Ernst & Young LLP 

San Diego, California 

March 16, 2010
[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Page 27173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09693]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Center for Advancing Translational Sciences; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Center for Advancing Translational 
Sciences, Special Emphasis Panel.
    Date: June 14, 2022.
    Time: 1:00 p.m. to 4:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Center for Advancing Translational Sciences, 
National Institutes of Health, 6701 Democracy Boulevard, Room 1037, 
Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: Rahat (Rani) Khan, Ph.D., Scientific Review 
Officer, Office of Scientific Review, National Center for Advancing 
Translational Sciences, National Institutes of Health, 6701 
Democracy Boulevard, Room 1037, Bethesda, MD 20892, (301) 594-7319, 
<a href="/cdn-cgi/l/email-protection#b5deddd4dbc787f5d6c6c79bdbdcdd9bd2dac3"><span class="__cf_email__" data-cfemail="254e4d444b5717654656570b4b4c4d0b424a53">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.859, 
Pharmacology, Physiology, and Biological Chemistry Research; 93.350, 
B--Cooperative Agreements; 93.859, Biomedical Research and Research 
Training, National Institutes of Health, HHS)

    Dated: May 2, 2022.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2022-09693 Filed 5-5-22; 8:45 am]
BILLING CODE 4140-01-P


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Fredmun Wayne REYNOLDS, petitioner, v. Noah NAGY, Warden.

No. 18-7963.

Supreme Court of the United States

April 15, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
Exhibit 21.1





Subsidiaries of the Registrant





Jurisdiction of Incorporation

Corporate NameArgentina

Portal Software Argentina S.R.L.Australia

Portal Software International Pty LimitedBarbados

Portal Software Foreign Sales CorporationBrazil

Portal Software Brasil (Limitada)California

Portal International Holdings, Inc.Canada

Portal Software Canada Inc.Cayman Islands

Portal Software Cayman Islands, Inc.Cayman Islands

Portal Software Cayman Islands L.P.Cayman Islands

Portal Software Cayman Islands (U.S.) LLCDelaware

BayGate, Inc.England and Wales

Portal Software (Europe) LimitedFrance

Portal Software FranceGermany

Portal Software Germany GmbHGermany

Portal Software GmbHGermany

Portal Software (Hamburg) GmbHGermany

42 Consulting-Group GmbHGermany

Solution 42 International GmbHHong Kong

Portal Software (Asia Pacific) LimitedItaly

Portal Software Italia S.r.l.Japan

Portal Software Japan K.K.Kuala Lampur

Portal Software (Asia Pacific) LimitedMexico

Portal Software Mexico, S. de R.L. de C.V.The Netherlands

Portal Software Netherlands B.V.Shanghai

Portal Software (Asia Pacific) LimitedSingapore

Portal Software (Asia Pacific) LimitedSouth Korea

Portal Software Korea Limited CompanySpain

Portal Software informática S.L.Spain

Solution 42 Ibèrica S.L. (currently undergoing dissolution)Sweden

Portal Software Sweden ABSwitzerland

Portal Software International SàrlTaiwan

Portal Software Taiwan Limited
Affirmed and Memorandum Opinion filed March 19 , 2019.

In The 

## Fourteenth Court of Appeals

NO. 14

- 18

- 00860

- CV NO. 14

- 18

- 0086 1

- CV

IN THE INTEREST OF M .D.W. , K.A.J., AND K.E.W.

- J. AKA K.E.W., CHILDREN

On Appeal from the 310th District Court

Harris County, Texas Trial Court Cause No s . 2015

- 67083 & 2009

- 66038

M E M O R A N D U M O P I N I O N

Appellant, K.J. (Father) , appeals final decree s signed September 11, 2018
, terminating his parental rights to the child ren who are the subject of these suit s

. Appellant filed timely notice s of appeal.
Appellant ’ s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirem ents of Anders v. California , 386 U.S. 738, 87 S.Ct. 1396 (1967), presenting a professional evaluation2

of the record demonstrating why there are no arguable grounds to be advanced. See High v. State , 573 S.W.2d 807 , 811

– 13 (Tex. Crim. App. 1978). The Anders procedures are applicable to an appeal where termination of parental rights is sought when an appointed attorney concludes that there are no non

- frivolous issues to assert on appeal. In re D.E.S. , 135 S.W.3d 326, 329 (Tex. App.

— Houston [14th Dist.] 2004, no pet.).

On January 14, 2019 , a copy of counsel’s brief was delivered to appellant and appellant was notified o f the right to request the record and file a pro se response. See Stafford v. State , 813 S.W.2d 503, 510 (Tex. Crim. App. 1991); In re D.E.S. , 135 S.W.3d at 329

– 30. More than twenty

- five days have elapsed and as of this date, no pro se response has been filed.
We have carefully reviewed the record and counsel ’ s brief and agree the appeal s are wholl y frivolous and without merit. Further, w e find no r eversible error
in the record. A discussion of the brief would add nothing to the jurisprudence of the

state. Accordingly, the judgment s of the trial court are affirmed.

PER CURIAM

Panel consists of Justices Christopher, Hassan, and Poissant

.
##### 



Exhibit 10

Annual Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

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), each of
the undersigned officers of Ducati Motor Holdings S.p.A. (the Company) does
hereby certify, to such officers knowledge, that:

The Annual Report on Form 20-F for the year ended December 31, 2002 of the
Company fully complies with the requirements of section 13(a) and 15(d) of the
Securities Exchange Act of 1934 and information contained in the Form 20-F
fairly presents, in all material respects, the financial condition and results
of operations of the Company.

|                     |  |                                                                  
|-------------------- |  | -----------------------------------------------------------------
|Dated: June 30, 2003 |  | /s/ Federico MinoliName: Federico Minoli
Title: Managing Director

|                     |  |                                                                     
|-------------------- |  | --------------------------------------------------------------------
|Dated: June 30, 2003 |  | /s/ Enrico DOnofrioName: Enrico DOnofrio
Title: Manager of Finance

The foregoing certification is being furnished solely 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) and is not being filed as part of
the Form 20-F or as a separate disclosure document.
[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Notices]
[Page 27698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09870]


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

DEPARTMENT OF STATE

[Public Notice: 11724]


Notice of Determinations; Culturally Significant Objects Being 
Imported for Exhibition--Determinations: ``Cy Twombly: Making Past 
Present'' Exhibition

SUMMARY: Notice is hereby given of the following determinations: I 
hereby determine that certain objects being imported from abroad 
pursuant to agreements with their foreign owners or custodians for 
temporary display in the exhibition ``Cy Twombly: Making Past Present'' 
at The J. Paul Getty Museum at the Getty Center, Los Angeles, 
California; the Museum of Fine Arts, Boston, in Boston, Massachusetts; 
and at possible additional exhibitions or venues yet to be determined, 
are of cultural significance, and, further, that their temporary 
exhibition or display within the United States as aforementioned is in 
the national interest. I have ordered that Public Notice of these 
determinations be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Chi D. Tran, Program Administrator, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6471; email: <a href="/cdn-cgi/l/email-protection#1162747265787e7f232524285162657065743f767e67"><span class="__cf_email__" data-cfemail="d5a6b0b6a1bcbabbe7e1e0ec95a6a1b4a1b0fbb2baa3">[email protected]</span></a>). The mailing address is U.S. 
Department of State, L/PD, 2200 C Street NW, (SA-5), Suite 5H03, 
Washington, DC 20522-0505.

SUPPLEMENTARY INFORMATION: The foregoing determinations were made 
pursuant to the authority vested in me by the Act of October 19, 1965 
(79 stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the 
Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, 
et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 
of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 
2000, and Delegation of Authority No. 523 of December 22, 2021.

Stacy E. White,
Deputy Assistant Secretary for Professional and Cultural Exchanges, 
Bureau of Educational and Cultural Affairs, Department of State.
[FR Doc. 2022-09870 Filed 5-6-22; 8:45 am]
BILLING CODE 4710-05-P


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Juan Francisco MALDONADO, petitioner, v. TEXAS.

No. 18-13.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth District denied.
Susan GRUND, petitioner, v. Julie MURPHY, et al.

No. 18-7919.

Supreme Court of the United States

April 15, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
Robert HERRERA, Sr., petitioner, v. TEXAS.

No. 18-8097.

Supreme Court of the United States

April 29, 2019.

Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.
Exhibit 32.1

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

In connection with the Annual Report of International Energy, Inc. (the Company) on Form 10-K for the fiscal year ended March 31, 2009, as filed with the Securities and
Exchange Commission on June 23, 2009 (the Report), I, Charles Bell, President, Chief Executive Officer, 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, that, to his knowledge:

(1) The Report filed by the Company 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 on the dates and for the
periods presented therein.

|                    | INTERNATIONAL ENERGY, INC.
|------------------- | --------------------------
|                   
|Date: June 23, 2009 | By:                       
|                    |                           
|                    |                           
|                    |                           

This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended. 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 the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

---
George Michael HODGES, petitioner, v. FLORIDA.

No. 17-9573.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the Supreme Court of Florida denied.
EXHIBIT 32

 

CERTIFICATION Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)

 

In connection with the annual report on Form10-K of Empire Global Corp. (the "Company") for the year ended December 31, 2015, as filed with the Securities and ExchangeCommission on the date hereof (the "Report"), Michael Ciavarella, as Chairman of the Board, Chief Executive Officer,and Principal Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.906of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition and results of operations of the Company.

 

Date: April 14, 2016

 

By: /s/ Michele Ciavarella

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

Michele Ciavarella

Chairman of the Board, Chief Executive Officer

and Principal Financial Officer
**Exhibit 31.2**

 

**CERTIFICATION OFCHIEF FINANCIAL OFFICER**

 

I, Bruce R. Wright, certifythat:

 

1. I have reviewed thisquarterly report on Form 10-Q of Ultratech, Inc.;

 

2. Based on my knowledge, thisreport does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

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

 

4. The registrant’s othercertifying officer(s) and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

 

a) Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

b) Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

c) Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5. The registrant’s othercertifying officer(s) and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the registrant’s auditors andthe audit committee of registrant’s board of directors (or persons performingthe equivalent functions):

 

a) Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

b) Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 
| August 6,  2004 | /s/ Bruce R.  Wright     |   |
|-----------------|--------------------------|--------|
|            | Bruce R.  Wright         |
|            | Chief  Financial Officer |

 

----
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00497-CV

Silverton Custom Homes, Inc., Appellant

v.

Bruce C. Covill and Candice Wade Covill, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT

NO. GN102089, HONORABLE PATRICK O. KEEL, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Silverton Custom Homes, Inc. and appellees Bruce C. Covill and Candice

Wade Covill have filed a notice of settlement and a joint motion to remand the cause to the trial

court. We grant the motion, vacate the trial court’s judgment, and remand the cause to the trial court

with instructionsto render judgment in accordance with the parties’settlement agreement. See Tex.

R. App. P. 42.1(a)(2)(B).

__________________________________________

W. Kenneth Law, Chief Justice

Before Chief Justice Law, Justices B. A. Smith and Puryear

Vacated and Remanded

Filed: March 4, 2004
<TABLE> <S> <C>


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<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-START>                  JAN-01-1997
<PERIOD-END>                    JUN-30-1997

<CASH>                            1,192,215
<SECURITIES>                              0
<RECEIVABLES>                     4,294,536
<ALLOWANCES>                        200,000
<INVENTORY>                         917,125
<CURRENT-ASSETS>                 19,268,701
<PP&E>                            2,482,521
<DEPRECIATION>                            0
<TOTAL-ASSETS>                   25,421,997
<CURRENT-LIABILITIES>             7,800,417
<BONDS>                              380,154
<PREFERRED-MANDATORY>                      0
<PREFERRED>                        2,734,932
<COMMON>                               9,603
<OTHER-SE>                        13,462,408
<TOTAL-LIABILITY-AND-EQUITY>      25,421,997
<SALES>                           11,822,751
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<CGS>                              7,667,892
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<OTHER-EXPENSES>                   4,406,569
<LOSS-PROVISION>                           0
<INTEREST-EXPENSE>                         0
<INCOME-PRETAX>                     (214,176)
<INCOME-TAX>                         (40,000)
<INCOME-CONTINUING>                 (174,176)
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<NET-INCOME>                        (174,176)
<EPS-PRIMARY>                           (.11)
<EPS-DILUTED>                           (.11)
        


</TABLE>
EXHIBIT 32.1
  SECTION 1350 CERTIFICATION
  In connection with the Annual Report of BioPharm Asia, Inc. (the "Company") on Form 10-K/A for the year ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Xia Yang Hu, 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.
   Dated: March 29, 2011
/s/ Xia Yang HuXia Yang Hu

Chief Executive Officer

(principal executive officer)
Leonid DJUGA, aka Leonid Dzhuga, petitioner, v. UNITED STATES.

No. 18-8829.

Supreme Court of the United States

May 13, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
David MARTINEZ-GONZALEZ, petitioner, v. UNITED STATES.

No. 17-9390.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.