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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-20264

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JOSE ISMAEL MUNOZ

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:95-CR-142-32

Before SMITH, STEWART and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Jose Ismael Munoz appeals the sentence imposed following his guilty plea

conviction for possession with intent to distribute 100 kilograms or more of

marijuana and conspiracy to launder monetary instruments. While Munoz did

not file a timely notice of appeal, the district court granted him the right to file

an out-of-time appeal in a 28 U.S.C. § 2255 proceeding. The district court,

however, did not vacate and reenter the judgment of conviction. Thus, Munoz’s

instant notice of appeal was filed more than three years after the original

United States Court of Appeals

Fifth Circuit

F I L E D

March 10, 2009

Charles R. Fulbruge III

Clerk
No. 08-20264

2

criminal judgment was entered against him, and it is untimely. See FED.

R. CRIM. P. 4(b)(1)(A). However, the time limit for filing a criminal appeal is not

jurisdictional and can be waived. United States v. Martinez, 496 F.3d 387, 388-

89 (5th Cir.), cert. denied, 128 S. Ct. 728 (2007). Because the Government does

not oppose Munoz’s out-of-time appeal, it has waived the application of Rule 4(b).

Accordingly, we may address the Munoz’s appeal.

Munoz argues that the district committed Fanfan error under United

States v. Booker, 543 U.S. 220 (2005), by sentencing him pursuant to a

mandatory application of the Sentencing Guidelines. The Government contends

that Munoz’s appeal is barred by the appeal waiver in his plea agreement.

In the appeal waiver, Munoz waived his right to appeal his sentence on

any ground. The record shows that the appeal waiver was knowing and

voluntary and is enforceable. See United States v. Melancon, 972 F.2d 566, 567-

68 (5th Cir. 1992). Contrary to Munoz’s argument, the appeal waiver bars the

consideration of Munoz’s claim of Fanfan error. See United States v. Burns, 433

F.3d 442, 445-51 (5th Cir. 2005).

The Government has filed an unopposed motion for leave to file its brief

under seal. The motion is granted.

AFFIRMED; MOTION FOR LEAVE TO FILE APPELLEE’S BRIEF

UNDER SEAL GRANTED.
CERTIFICATION PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


         The undersigned  executive officers of the Registrant hereby certify to
the best of their  knowledge that this  Quarterly  Report on Form 10-QSB for the
quarter  ended  December  31,  2005  (the  "Report")  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 Report fairly  presents,  in all material
respects, the financial condition and results of operations of the Registrant.



Date: February 10, 2006     By:/s/Mark S. White
                               -------------------------------------------------
                               Name:  Mark S. White
                               Title: President and Chief Executive Officer



Date: February 10, 2006     By:/s/Sue Allen Smith
                               -------------------------------------------------
                               Name: Sue Allen Smith
                               Title: Vice President and 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 Osage Federal Financial,  Inc. and
will  be  retained  by  Osage  Federal  Financial,  Inc.  and  furnished  to the
Securities and Exchange Commission or its staff upon request.
# Official Journal C 102A/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.CA2012.102.eng |
| --- | --- |
| Official Journal
  of the European Union | C 102A |
| | |
| English edition | Information and Notices | Volume 555 April 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.CA2012.102.eng

Official Journal

of the European Union

C 102A

English edition

Information and Notices

Volume 555 April 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 102A/01 | Common catalogue of varieties of agricultural plant species — third supplement to the 30th complete edition | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 102A/01

Common catalogue of varieties of agricultural plant species — third supplement to the 30th complete edition

1

---

| EN | |
| --- | --- |

EN
# Official Journal C 402A/4 De

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 402A |
| | |
| English edition | Information and Notices | Volume 584 December 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 402A

English edition

Information and Notices

Volume 584 December 2015

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2015/C 402A/1 | Mobility and Transport — Vacancy notice for a Deputy Director-General function (AD 15) Brussels — (Article 29 § 2 of the Staff Regulations) — COM/2015/10362 | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2015/C 402A/1

Mobility and Transport — Vacancy notice for a Deputy Director-General function (AD 15) Brussels — (Article 29 § 2 of the Staff Regulations) — COM/2015/10362

1

---

| EN | |
| --- | --- |

EN
STATE v. Lesley Eugene WARREN.

No. 562A96-2.

Supreme Court of North Carolina.

March 12, 2004.

Leah M. Broker, Asheville, for Warren.

Steven F. Bryant, Assistant Attorney General, Ronald L. Moore, District Attorney, for State.

The following order has been entered on the motion filed on the 3rd day of March 2004 by Defendant for Extension of Time to File Petition for Writ of Certiorari Sixty Days After an Order on the Amended Motion for Appropriate Relief Has Been Issued by the Superior Court:

> "Motion Allowed by order of the Court in conference this the 12th day of March 2004."
James RICE, Petitioner, v. Wanza JACKSON-MITCHELL, Warden.

No. 19-6843

Supreme Court of the United States.

January 13, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
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 of Hydrogen Engine Center, Inc.
(the  "Company")  on Form 10-QSB for the  quarter  ended March 31, 2006 as filed
with the  Securities  and Exchange  Commission  (the  "Report"),  I, Theodore G.
Hollinger,  Chief  Executive  Officer of the  Company,  certify,  pursuant to 18
U.S.C.  ss. 1350, as adopted  pursuant to ss. 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 consolidated financial condition of the Company
         as of the dates presented and consolidated results of operations of the
         Company for the periods presented.

  May 19, 2006                           /s/ Theodore G. Hollinger
                                         --------------------------------------
                                          Theodore G. Hollinger,
                                          Chief Executive Officer



 This  certification  has been furnished  solely  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

JAIME EMERSON GARCIA- )

CARMONA, DOC #X75300, )

)

Appellant, )

)

v. ) Case No. 2D15-4808

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed October 19, 2018. 

Appeal from the Circuit Court for Polk 

County; Wayne M. Durden, Judge.

Ita M. Neymotin, Regional Counsel, 

Fort Myers, and Stacy L. Sherman, 

Office of Criminal Conflict and Civil 

Regional Counsel, Bartow, for 

Appellant. 

Pamela Jo Bondi, Attorney General, 

Tallahassee, and C. Todd Chapman, 

Assistant Attorney General, Tampa, 

for Appellee. 

PER CURIAM.

Affirmed. 

MORRIS, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.
# C_2017099EN.01000701.xml

| 30.3.2017 | EN | Official Journal of the European Union | C 99/7 |
| --- | --- | --- | --- |

30.3.2017

EN

Official Journal of the European Union

C 99/7

---

Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

(2017/C 99/06)

| Member State | France |
| --- | --- |
| Route concerned | Brive – Paris (Orly) |
| Period of validity of the contract | From 5 January 2018 to 4 January 2022 |
| Deadline for the submission of applications and tenders | 2 June 2017 (before 17:00, local time) |
| Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained | Syndicat Mixte pour la Création, l’Aménagement et la Gestion de l’Aérodrome Brive-Souillac |
| Mairie de Brive |
| B.P. 80433 |
| 19312 Brive-la-Gaillarde CEDEX |
| FRANCE |
| Joël POUYADE |
| Tel. +33 555181644 |
| Fax +33 555181699 |
| Email: joel.pouyade@brive.fr |

Member State

France

Route concerned

Brive – Paris (Orly)

Period of validity of the contract

From 5 January 2018 to 4 January 2022

Deadline for the submission of applications and tenders

2 June 2017 (before 17:00, local time)

Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained

Syndicat Mixte pour la Création, l’Aménagement et la Gestion de l’Aérodrome Brive-Souillac

Mairie de Brive

B.P. 80433

19312 Brive-la-Gaillarde CEDEX

FRANCE

Joël POUYADE

Tel. +33 555181644

Fax +33 555181699

Email: joel.pouyade@brive.fr

---
DEPT. OF TRANSPORTATION v. ROYMAC.

No. 375PA03.

Supreme Court of North Carolina.

February 5, 2004.

W. Richard Moore, Special Deputy Attorney General, Elizabeth N. Strickland, Assistant Attorney General, for State of North Carolina.

Prior report: 158 N.C.App. 403, 581 S.E.2d 770.

The following order has been entered on the joint motion filed on the 19th day of December 2003 to Withdraw Petition for Discretionary Review and Dismiss Appeal:

> 
*556
"Motion Allowed by order of the Court in conference this the 5th day of February 2004."
110TH CONGRESS 

2D SESSION H. R. 4774 

AN ACT 

To designate the facility of the United States Postal Service 

located at 10250 John Saunders Road in San Antonio, 

Texas, as the ‘‘Cyndi Taylor Krier Post Office Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 4774 EH

1 SECTION 1. CYNDI TAYLOR KRIER POST OFFICE BUILDING. 

2 (a) DESIGNATION.—The facility of the United States 

3 Postal Service located at 10250 John Saunders Road in 

4 San Antonio, Texas, shall be known and designated as the 

5 ‘‘Cyndi Taylor Krier Post Office Building’’. 

6 (b) REFERENCES.—Any reference in a law, map, reg7 ulation, document, paper, or other record of the United 

8 States to the facility referred to in subsection (a) shall 

9 be deemed to be a reference to the ‘‘Cyndi Taylor Krier 

10 Post Office Building’’. 

Passed the House of Representatives March 5, 

2008. 

Attest: 

Clerk. 

110TH CONGRESS 

2D SESSION H. R. 4774 

AN ACT 

To designate the facility of the United States PostKrier Post Office Building’’. in San Antonio, Texas, as the ‘‘Cyndi Taylor al Service located at 10250 John Saunders Road
#### BIRD et al. v. STEIN et al.

No. 14228.

United States Court of Appeals Fifth Circuit.

June 26, 1953.

Frank E. Everett, Jr., and Brunini, Everett, Grantham & Quin, Vicksburg, Miss., for appellants,

H. P. Farish, W. C. Keady and Edward J. Bogen, Farish, Keady & Campbell, Greenville, Miss., for appellees.

Before HOLMES, STRUM and RIVES, Circuit Judges.

HOLMES, Circuit Judge.

A man may not step into and out of the role of trustee as his personal interest dictates ; it is easier to step into the role than it is to step out of it; and the evidence in this, case overwhelmingly shows that Lawrence Stein assumed the role of trustee under his father’s will and acted in that capacity many times to his pecuniary advantage. We did not hold in our former opinion that a joint tenancy in Little Hope plantation, with the right of survivorship, was created in V. A. and Sarah Stein. All the parties in interest suppressed the will of the mother, obviously for the purpose of leaving in effect the trust created by the will of their father as to property in which it is stipulated that each has an undivided one-eighth interest. It would shock the conscience of the Court to allow a fiduciary to play fast and loose with his *cestuis que*trust.

The petition for rehearing is denied.
## In the Court of Appeals Second Appellate District of Texas at Fort Worth

___________________________ No. 02

- 22

- 00267

- CV

___________________________

On Appeal from the 153rd District Court Tarrant County, Texas Trial Court No. 153

- 329343

- 21
Before Bassel, Womack, and Wallach, JJ. Per Curiam Memorandum Opinion



### P AIGE 

### A. K ESTER 

### , Appellant

V



### . S TATE 

### F ARM 

### L LOYDS 

### , Appellee2 MEMORANDUM OPINION AND JUDGMENT On Augus t 9, 2022, we notified appellant that the trial

- court clerk responsible for preparing the record in this appeal has informed us that appellant has not arranged to pay for the clerk’s record as the appellate rules require. See Tex. R. App. P. 35.3(a)(2). In our notice, we warned that we would dismiss the appeal for want of prosecution unless, within ten days, appellant arranged to pay for the clerk’s record and provided us with proof of payment. See Tex. R. App. P. 35.3(c), 37.3(b), 44.3

. Because appellan t has not made payment arrangements for the clerk’s record,

we dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b), 42.3(b), 43.2(f). Appellant must pay all costs of this appeal. See Tex. R. App. P. 43.4.
Per Curiam
Delivered : Septe mber 1, 2022
**Exhibit 32.2**

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350**

 

In connection with this Quarterly Report of Effective Profitable Software, Inc. (the “Company”) on Form 10-QSB for the period ending June 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Don Bratcher, Chief Financial Officer of the Company, certifies to the best of his knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:

 
| 1. | Such Quarterly Report on Form 10-QSB for the period ending June 30, 2005, 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 such Quarterly Report on Form 10-QSB for the period ending June 30, 2005, fairly presents, in all material respects, the financial condition and results of operations of Effective Profitable Software, Inc. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

Dated: June 7, 2006

 

By: */s/ Don Bratcher*

Don Bratcher

Chief Financial Officer
<PAGE>



                                                                    Exhibit 23.2


                        CONSENT OF INDEPENDENT REGISTERED
                             PUBLIC ACCOUNTING FIRM


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (Nos. 333-13143, 333-13717, 333-53139, 333-55878,
333-76674, 333-88652, and 333-111283) of Millennium Chemicals Inc. of our report
dated March 8, 2004, except for the impact of the restatement in Note 19, as to
which date is August 6, 2004, relating to the financial statements and financial
statement schedule, which appears in this Annual Report on Form 10-K/A.


/s/ PricewaterhouseCoopers LLP


PricewaterhouseCoopers LLP
Florham Park, New Jersey
August 6, 2004
EXHIBIT
32







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 of Premier Alliance Group, Inc., a Delaware
corporation (the "Company") on Form 10-Q for the period ended March 31, 2009, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), Mark S. Elliott, Acting Chief Executive and Financial Officer of the
Company, certifies to the best of his knowledge, 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 result of operations of the
      Company.





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








/s/ Mark S. Elliott


Mark S.
Elliott


Acting
Chief Executive and Financial
Officer


May 14,
2009
STATE OF NORTH CAROLINA v. TONY HESTER VINSON.

No. COA03-1612

North Carolina Court of Appeals.

Filed October 5, 2004.

This case not for publication

Alamance County, No. 01 CRS 054464.

*Attorney General Roy Cooper, by Special Deputy Attorney General Thomas J. Ziko, for the State.*

*J. Clark Fischer for defendant-ppellant.*

TIMMONS-GOODSON, Judge.

After reserving the right to appeal the denial of his motion to suppress pursuant to N.C. Gen. Stat. § 15A-979(b) (2003), defendant entered a guilty plea to trafficking in at least 400 grams of cocaine by possession and five lesser narcotics offenses. The trial court consolidated the offenses for judgment and sentenced defendant to an active prison term of 115 to 147 months. On 4 June 2003, we allowed defendant's petition for writ of certiorari to review the judgment. Our order explicitly provided, however, that "[s]uch review shall be limited to the issues within defendant's appeal of right from his guilty plea."

In his sole argument on appeal, defendant claims the trialcourt erred in denying his motion to enforce a prior plea agreement with the State. The record reflects the prosecutor withdrew the earlier plea offer after defendant signed a written agreement but before he entered his plea thereunder. Defendant claims the State should be bound by the earlier plea agreement, in light of his detrimental reliance thereon.

"The right to appeal in a criminal proceeding is purely statutory." *State v. Nichols,* 140 N.C. App. 597, 598-99, 537 S.E.2d 825, 826 (2000). The appellate rights of a defendant who pleads guilty are defined by N.C. Gen. Stat. § 15A-1444 (2003). *See State v. Jarman,* 140 N.C. App. 198, 200, 535 S.E.2d 875, 877 (2000). Under § 15A-1444(a1) and (a2), a defendant who pleads guilty may raise the following issues related to his sentence: (1) whether the evidence supports the defendant's sentence, if the sentence is not within the presumptive range; (2) whether the defendant's prior record level or prior conviction level is correctly calculated; (3) whether the type of sentence or term of imprisonment is authorized by statute, based on the defendant's class of offense and prior record or conviction level. In addition to these sentencing issues, N.C. Gen. Stat. § 15A-1444(e) (2003) allows a defendant to appeal the denial of a pre-trial motion to suppress, if he gives notice to the prosecutor and trial court before entering his guilty plea. Finally, a defendant has an appeal of right from the denial of a motion to withdraw his guilty plea. *Id.* If a defendant who pleads guilty fails to raise issues within this limited appeal of right, his appeal must be dismissed. *See State v. Hamby,* 129 N.C. App. 366, 369, 499 S.E.2d 195, 196 (1998) (citing *State v. Golden,* 96 N.C. App. 249, 385 S.E.2d 346 (1989)).

As shown above, the issue raised by defendant lies outside his statutory appeal of right under N.C. Gen. Stat. § 15A-1444 and, therefore, outside the scope of the writ of certiorari issued by this Court on 4 June 2003. Accordingly, we dismiss defendant's appeal.

Appeal dismissed.

Judges CALABRIA and LEVINSON concur.

Report per Rule 30(e).
----

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 March 2005

in Case T-32/03 Leder & Schuh AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark - Opposition proceedings - Earlier national word mark ‘Schuhpark’ - Application for Community word mark ‘JELLO SCHUHPARK’ - Relative ground for refusal - Partial refusal to register - Article 8(1)(b) of Regulation (EC) No 40/94)

(2005/C 115/37)

Language of the case: German

In Case T-32/03: Leder & Schuh AG, established in Graz (Austria), represented by W. Kellentur and A. Schlaffge, lawyers, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: G. Schneider and B. Müller), the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance, being Schuhpark Fascies GmbH, established in Warendorf (Germany), represented by A. Peter, lawyer — action against the decision of the Third Board of Appeal of OHIM of 27 November 2002, in the corrected version of 9 December 2002 (Case R 494/1999-3), relating to opposition proceedings between Schuhpark Fascies GmbH and Leder & Schuh AG — the Court of First Instance (Second Chamber), composed of J. Pirrung, President, N.J. Forwood and S. Papasavvas, Judges; B. Pastor, Deputy Registrar, for the Registrar, gave a judgment on 8 March 2005, in which it:

----

(1)OJ C 101 of 26.4.2003.

----