alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR
. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR
. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-31302 Conference Calendar
UNITED STATES OF AMERICA Plaintiff-Appellee
v. AUBREY DAVIS Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:04-CR-366-1 Before PRADO, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Aubrey Davis has moved for leave to withdrawand hasfiled a briefin accordance with Andersv. California, 386 U.S. 738 (1967). Davis has filed a response. The record is insufficiently developed to allow consideration at this time of Davis’s claims of ineffective assistance of counsel; such claims generally “cannot be resolved on direct appeal when [they have] not been raised before the district court since no opportunity existed to United States Court of Appeals

Fifth Circuit 

### F I L E D April 16, 2008 Charles R. Fulbruge III ClerkNo. 06-31302

2 develop the record on the merits of the allegations.” See United States v. Cant well , 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). Our independent review of the record, counsel’s brief, and Davis’s response discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR
. R. 42.2. Davis’s motion to withdraw the Anders brief and appoint new counsel is DENIED.
STATE of North Carolina v. Steven Todd .

No. 550P08.

Supreme Court of North Carolina.

February 5, 2009.

Steven T. Browning, Pro Se.

LaToya B. Powell, Assistant Attorney General, Garry W. Frank, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed by Defendant on the 17th day of December 2008 in this matter for a writ of certiorari to review the order of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed by order of the Court in conference, this the 5th day of February 2009."
# CE2004088EN.01006502.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/65 |
| --- | --- | --- | --- |

8.4.2004

EN

Official Journal of the European Union

CE 88/65

---

(2004/C 88 E/0071)

WRITTEN QUESTION E-2086/03

by Glenys Kinnock (PSE) to the Commission

(24 June 2003)

Subject:   Situation of Christians in Egypt

Subject:

Is the Commission aware of the persecutions faced by the Christian minority in Egypt? Converts from Islam to Christianity have, in particular, been reported to have been prevented from registering their change of faith on their passport, and thus from leaving the country.

Is the Commission taking any steps to ensure that there is freedom of worship for Egyptian Christians?

Answer given by Mr Patten on behalf of the Commission

(9 July 2003)

(9 July 2003)

The Commission is aware of problems faced by the substantial Egyptian Christian community. The Commission has met with members of the Coptic hierarchy on several occasions to discuss them, and have also closely followed incidents involving violence against Christians.

On the issue of converts to Christianity and freedom of movement, the Commission is following this question up through its delegation in Cairo. Its preliminary information is that information on religion is not mentioned on passports, although this may arise in the case of identity cards.

As part of the Barcelona process, the Egyptian Government is committed to the fundamental principles relating to human rights and democracy. This is reflected in the text of the Association Agreement in the process of ratification. Questions relating to human rights, including religious freedom, are dealt with as part of the political dialogue between the Union and Egypt, in which the Commission plays its full part. Human rights were discussed at the Union-Egypt ministerial meeting on 16/17 June 2003.

---
STATE v. Nathaniel PHILLIPS.

No. 165P15-1.

Supreme Court of North Carolina.

Aug. 20, 2015.

James Rainsford, Hillsborough, for Phillips, Nathaniel Paige.

Melody R. Hairston, Assistant Attorney General, for State of North Carolina.

James R. Woodall, Jr., District Attorney, for State of North Carolina.

**Opinion**

The following order has been entered on the motion filed on the 14th of May 2015 by Defendant for Temporary Stay:

> "Motion Dissolved by order of the Court in conference, this the 20th of August 2015."
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
Universal Stainless & Alloy Products, Inc. (the Company) on Form 10-Q for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the
undersigned, in the capacities and on the dates indicated below, hereby 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 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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------

May 10, 2011



|                                                |  |  |  |                                             
|----------------------------------------------- |  |  |  | --------------------------------------------
|/s/ Dennis M. Oates                             |  |  |  | /s/ Douglas M. McSorley                     
|Dennis M. Oates                                 |  |  |  | Douglas M. McSorley                         
|Chairman, President and Chief Executive Officer |  |  |  | Vice President of Finance,                  
|(Principal Executive Officer)                   |  |  |  | Chief Financial Officer and Treasurer       
|                                                |  |  |  | (Principal Financial and Accounting Officer)
* 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. 07-51277

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

PABLO GALLEGOS-URIAS

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 4:07-CR-115-ALL

Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Pablo Gallegos-Urias appeals his 33-month sentence following his

conviction for aiding and abetting in the importation of and possession with

intent to distribute marijuana. He argues that the district court erred in

denying a U.S.S.G. § 3B1.2 reduction for his minor role in the offense based on

its finding that there were no other participants in the offense. Gallegos-Urias

contends that the evidence at trial established at least one other participant in

United States Court of Appeals

Fifth Circuit

F I L E D

August 19, 2008

Charles R. Fulbruge III

Clerk
No. 07-51277

2

the offense. He also contends that he was entitled to the reduction because he

merely acted as a courier. 

The district court’s refusal to grant Gallegos-Urias a two-level reduction

for being a minor participant was not clearly erroneous. See United States v.

Villanueva, 408 F.3d 193, 203 n.9 (5th Cir. 2005). Gallegos-Urias’s courier

status did not entitle him to a role adjustment because a defendant may be a

courier without being “substantially less culpable than the average participant.”

See United States v. Brown, 54 F.3d 234, 241 (5th Cir. 1995); United States v.

Nevarez-Arreola, 885 F.2d 243, 245 (5th Cir. 1989). Gallegos-Urias’s attempt to

import 49 kilograms of marijuana provided an indispensable service to the drug

trafficking offense and was essential to its success. See Brown, 54 F.3d at 241;

see also United States v. Buenrostro, 868 F.2d 135, 138 (5th Cir. 1989).

Moreover, Gallegos-Urias was actually involved in importing and possessing a

distributable quantity of marijuana. See United States v. Atanda, 60 F.3d 196,

199 (5th Cir. 1995). Accordingly, the judgment of the district court is

AFFIRMED.
John RICHARD Jordan and Danny Dwight JORDAN v. Raymond Baxter JORDAN.

No. 291P15.

Supreme Court of North Carolina.

Nov. 5, 2015.

John Richard Jordan, for Jordan, John Richard.

Steven D. Starnes, Monroe, for Jordan, Raymond Baxter.

*ORDER*

Upon consideration of the petition filed on the 11th of August 2015 by Plaintiff (John Richard Jordan) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Denied by order of the Court in conference, this the 5th of November 2015."
EXHIBIT 2.10


                            [UNOFFICIAL TRANSLATION]

                                  BANK DISCOUNT
                                Business Division
                                27 Yehuda Halevi
                                 Tel Aviv 65136

DATE: FEBRUARY 16, 2004
TO: TEFRON LTD. (THE "COMPANY")


Dear Sir and Madam,

Further to your notice with respect to the proposed change of the control
structure in your company in connection with the raising of new capital which
will not be less than the amount US$15 million, when 40% of the aggregate amount
raised will be used to reduce your debt to Bank Discount, we hereby inform you
that the credit committees of the Bank have approved your application as
following:

     1.   The balance of the long term debt of the Tefron Group on December 31,
          2004 will called for early repayment and will be re-established to be
          repaid in 32 quarterly payments.

     2.   A new written undertaking will be made, which shall include new
          financial covenants to ensure the Tefron Group's loans, mainly with
          respect to the Group's undertaking that the shareholders' equity will
          not be under 20% of the consolidated total assets or US$40 million,
          the greater of the two. This written undertaking when signed, will
          replace the undertaking instrument of December 14, 1999.

The performance of the above mentioned resolutions is conditioned, amongst
others, on your receipt of a similar consent from Bank Hapoalim and upon the
fulfillment of all your commitments towards the Bank, and that there is no
material adverse change in the company's business according to the Bank's
descretion.

The above does not derrogate from but adds to the remainder of your commitments
towards us according to the various documents that you signed and/or will sign
in our favor, that continue to be in full force and effect, in their full scope
and our rights according those documents are preserved.

Our fee for this letter is US $5,000.
This letter is valid until December 31, 2004.

                                                  Respectfully,
                                                  /s/
                                                  Moshe Trauvits
                                                  Israel Discount Bank Ltd.
Accountants' Consent
                      --------------------





The Board of Directors
Harbor Federal Bancorp, Inc.:

   
We consent to the incorporation by reference in the Registration
Statement on Form S-8 of Harbor Federal Bancorp, Inc. of our
report dated May 15, 1998, relating to the consolidated
statements of financial condition of Harbor Federal Bancorp,
Inc. and subsidiary as of March 31, 1998 and 1997, and the
related consolidated statements of income, stockholders' equity,
and cash flows for each of the years in the three-year period
ended March 31, 1998, which report is incorporated by reference
in the March 31, 1998 annual report on Form 10-KSB/A of Harbor
Federal Bancorp, Inc.
    

                                /s/ KPMG Peat Marwick LLP
                                  
                                KPMG Peat Marwick LLP



Baltimore, Maryland
    July 7, 1998
**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 LIN TV Corp. for the three months ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, Vincent L. Sadusky, President and Chief Executive Officer of the Company, and Richard J. Schmaeling, Senior Vice President and Chief Financial Officer of the Company hereby certifies, pursuant to 18 U.S.C. Section 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.

 

 
| Dated:   April 29, 2011 | /s/   Vincent L. Sadusky    |
|------------------------------|-----------------------------|
|                         |                        | Vincent   L. Sadusky |
|                         |                        | President   and Chief Executive Officer |
|                         |                        |   |
|                         |                        |   |
| Dated:   April 29, 2011 | /s/   Richard J. Schmaeling |
|                         |                        | Richard   J. Schmaeling |
|                         |                        | Senior   Vice President and Chief Financial Officer |

 

----
**Exhibit 99.22****CONSENT OF A. ROSS**     I hereby consent to the use of my name in connection with the following report and documents,which are being filed as exhibits to and incorporated by reference into the registration statementon Form 40-F of Goldcorp Inc. (the “Company”) being filed with the United States Securities andExchange Commission: 1. The technical report dated March 31, 2006 entitled “Technical Report NI 43-101Los Filos Project, Mexico” (the “Los Filos Report”); and  2. The annual information form of the Company dated March 25, 2008, which includesreference to my name in connection with information relating to the Los Filos Reportand the properties described therein.Date: March 28, 2008         /s/ Andrew Ross   Name:  Andrew Ross   Title:  Technical Competency Manager
NC ASS'N OF EDUCATORS, INC., et al. v. STATE of NC.

No. 228A15-1.

Supreme Court of North Carolina.

Dec. 17, 2015.

Melissa L. Trippe, Special Deputy Attorney General, for the State of North Carolina.

Burton Craige, Raleigh, for North Carolina Association of Educators, Inc., et. al.

Narendra K. Ghosh, Chapel Hill, for North Carolina Association of Educators, Inc., et al.

Philip A. Hostak, for North Carolina Association of Educators, Inc., et al.

John F. Maddrey, Solicitor General, for The State of North Carolina.

Elizabeth A. Fisher, Assistant Attorney Geneal, for the State of North Carolina.

J. Michael McGuinness, Elizabethtown, for Southern States Police Benevolent Association, et al.

Hardy Lewis, Raleigh, for State Employess Association of North Carolina, Inc.

*463Michael L. Carpenter, Gastonia, for N.C. Retired Governmental Employees' Association.

Marcus R. Carpenter, Attorney at Law, for N.C. Retired Government Employees' Association.

The following order has been entered on the motion filed on the 17th of December 2015 by Southern States Police Benevolent Association and North Carolina Police Benevolent Association for leave to file Amicus Curiae Brief:

> "Motion Allowed by order of the Court in conference, this the 17th of December 2015."

Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by Appellate Rule 28(i).
John Walter LAWSON and Margaret (Meg) Elizabeth Lawson Darling v. Heidi Cavanagh LAWSON; Jacqueline Cavanagh Hughes; Mark Caprise; Deputy Sheriff PJ Mullen, in his official capacity and individually; Deputy Sheriff Michael Brannon, in his official capacity and individually; Corporal Claybourn Harper, in his official capacity and individually; Sheriff William Schatzman, in his official capacity as Sheriff of Forsyth County, NC; Hartford Insurance, as surety; Lieutenant Max Creason, in his official capacity and individually, and Chief Kenneth Gamble.

No. 471P13-2.

Supreme Court of North Carolina.

Jan. 28, 2016.

Margaret Elizabeth Lawson Darling, for Darling, Margaret (Meg) Elizabeth Lawson.

*619John Walter Lawson, for Lawson, John Walter.

Lonnie Albright, Assistant County Attorney, for Schatzman, William (Sheriff), et al.

Torin Fury, Greensboro, for Creason, Max (Lieutenant).

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Plaintiffs on the 6th of July 2015 in this matter pursuant to G.S. 7A-30, and the motions to dismiss the appeal for lack of substantial constitutional question filed by the Defendants (Lt. Max Creason and Schatzman, Mullen, Brannon, and Harper), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal are

> "Allowed by order of the Court in conference, this the 28th of January 2016."

ERVIN, J. recused.

Upon consideration of the petition filed on the 6th of July 2015 by Plaintiffs in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Denied by order of the Court in conference, this the 28th of January 2016."

ERVIN, J. recused.
STATE v. Leonard HARDY.

No. 260P15-1.

Supreme Court of North Carolina.

July 30, 2015.

Hannah Love, Assistant Appellate Defender, for Hardy, Leonard.

Elizabeth A. Fisher, Assistant Attorney General, for State of North Carolina.

C. Branson Vickery, III, District Attorney, for State of North Carolina.

**Opinion**

The following order has been entered on the motion filed on the 30th of July 2015 by Defendant to Withdraw Petition for Writ of Supersedeas:

> *836"Motion Allowed by order of the Court in conference, this the 30th of July 2015."
STATE of North Carolina v. Steven Marcel COOLEY.

No. COA15-352.

Court of Appeals of North Carolina.

Jan. 19, 2016.

**Case Reported Without Published Opinion**

No error in part; dismissed in part.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-7506

PAUL DOUGLAS TRAYNHAM,

Plaintiff - Appellee,

versus

TERRENCE TYLER; LUTHER GLOVER,

Defendants - Appellants.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District

Judge. (CA-00-134-5-BR)

Submitted: January 7, 2002 Decided: March 11, 2002

Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Mary S. Mercer, Assistant Attorney General, Raleigh, North Carolina, for Appellants. Letitia C. Echols, NORTH CAROLINA PRISONER

LEGAL SERVICES, INC., Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellants, North Carolina correctional officers, appeals the

district court’s order denying their motion for summary judgment

based upon qualified immunity. We have reviewed the record and the

district court’s opinion accepting the magistrate judge’s recommendation and find no reversible error. Accordingly, we affirm on

the reasoning of the district court. See Traynham v. Tyler, No.

CA-00-134-5-BR (E.D.N.C. Aug. 8, 2001). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

AFFIRMED
<PAGE>
EXHIBIT 99.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER
REGARDING PERIODIC REPORT FILED PURSUANT TO
SECTION 13(A) OF THE SECURITIES EXCHANGE ACT OF 1934

         I, Robert W. Zimmer, certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

         To the best of my knowledge and belief, the Quarterly Report on Form
         10-Q filed with the Securities and Exchange Commission on August 14,
         2002 by Universal Automotive Industries, Inc. and to which this
         certification is appended (the "Periodic Report") fully complies with
         the requirements of Section 13(a) of the Securities Exchange Act of
         1934, and the information contained in the Periodic Report fairly
         presents, in all material respects, the financial condition and results
         of operations of Universal Automotive Industries, Inc.


                                          /s/ Robert W. Zimmer
In the Matter of C.T.M., C.S.F., Jr.

No. COA15-494.

Court of Appeals of North Carolina.

Oct. 6, 2015.

**Case Reported Without Published Opinion**

Affirmed.
In the Matter of G.J., A.J., E.J.

No. COA15-773.

Court of Appeals of North Carolina.

Jan. 5, 2016.

**Case Reported Without Published Opinion**

Affirmed.