alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 23

- 10240 Summary Calendar

**____________ United States of America,**  Plaintiff

— Appellee **,**

versus **Corey Shaquielle Johnson,** Defendant

— Appellant

**.**

**______________________________** Appeal from the United States District Court for the Northern District of Texas USDC No. 4:22

- CR

- 274

- 15

**______________________________** Before **Davis, Stewart,** and **Southwick,** Circuit Judges

**. Per Curiam**  **:** ***** Corey Shaquielle Johnson pleaded guilty to possession of a firearm after a felony conviction and was sentenced to 80 months of imprisonment. On appeal, he presents two unpreserved challenges to 18 U.S.C. § 922(g)(1). First, he argues that § 922(g)(1) is unconstitutional under the Second Amendment based on New York State Rifle & Pistol Ass’n, Inc. v. Bruen ,

**_____________________**

* This opinion is not designated for publication. See **5th Cir**

**. R** 

**.** 47.5. United States Court of Appeals Fifth Circuit 

### FILED October 4, 2024

Lyle W. Cayce Clerk Case: 23-10240 Document: 90-1 Page: 1 Date Filed: 10/04/2024No. 23

- 10240

2 597 U.S. 1 (2022). Next, he asserts that the jurisdictional element of § 922(g)(1) requires more than past interstate travel at an indeterminate time; but if it does not, he maintains that the statute exceeds Congress’s authority under the Commerce Clause. The Government has filed an unopposed motion for summary affirmance or, in the alternative, for an extension of time to file its brief. Johnson correctly concedes that his arguments are foreclosed. See United States v. Jones , 88 F.4th 571, 573

- 74 (5th Cir. 2023), cert. denied , 144 S. Ct. 1081 (2024); United States v. Perryman , 965 F.3d 424, 426 (5th Cir. 2020). Therefore, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969). The motion for summary affirmance is **GRANTED** , the alternative motion for an extension of time is **DENIED** , and the district court’s judgment is **AFFIRMED**

. Case: 23-10240 Document: 90-1 Page: 2 Date Filed: 10/04/2024
Exhibit 31.2



Certifications



I, Edward Escudero, certify that:



1. I have reviewed this annual report on Form 10-K of Petro Financial Corporation;



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



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



4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



(b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



(c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most
recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over
financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):



(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial
reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



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



Date: March 25,
2004

|                                     
|-------------------------------------
|                                     
|/s/    Edward Escudero               
|                                     
|(Edward Escudero)                    
|Treasurer and Chief Financial Officer
# C_2008301EN.01003601.xml

| 22.11.2008 | EN | Official Journal of the European Union | C 301/36 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 301/36

---

Order of the Court of First Instance of 23 September 2008 — Gόrażdże Cement v Commission

(Case T-193/07) (1)

1

(Action for annulment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - National allocation plan in respect of emission allowances for Poland for the period from 2008 to 2012 - Decision by the Commission not to raise objections subject to certain conditions - Competence of Member States in the individual allocation of emission allowances - Lack of direct concern - Inadmissibility)

(2008/C 301/60)

Language of the case: English

Parties

Applicant: Gόrażdże Cement S.A. (Chorula, Poland) (represented by: P. Muñiz, lawyer and R. Forbes, Solicitor)

Applicant:

Defendant: Commission of the European Communities (represented by: U. Wölker and D. Lawunmi, Agents)

Defendant:

Re:

APPLICATION for annulment of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Poland for the period from 2008 to 2012 in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | Gόrażdże Cement S.A. shall bear its own costs and pay those incurred by the Commission. |
| --- | --- |

2.

Gόrażdże Cement S.A. shall bear its own costs and pay those incurred by the Commission.

---

(1)  OJ C 170, 21.7.2007.

1

---
### THE THIRTEENTH COURT OF APPEALS

13

- 17

- 00587

- CR

Quinton Cox TDCJ#1624099

v. The State of Texas

On a ppeal from the 156th District Court of Bee County , Texas Trial Cause No. B

- 16

- M0180

- 0

- PR

- B

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considere d this cause on appeal, concludes that the judgment of the trial court should be AFFIRMED . The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. June 14, 2018
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





In
connection with the Quarterly Report of Eternal Energy Corp. on Form 10-Q for
the period ending June 30, 2009, as filed with the Securities and Exchange
Commission on the date hereof, I, Kirk Stingley, Chief Financial 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 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.





August
13, 2009





/s/ Kirk
Stingley





Kirk
Stingley,


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 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.
STATE of North Carolina v. Kevin Christopher MCREED

No. 360P17

Supreme Court of North Carolina.

December 7, 2017

Ann B. Petersen, Attorney at Law, James R. Glover, Attorney at Law, Chapel Hill, for McReed, Kevin Christopher.

Ann W. Matthews, Special Deputy Attorney General, R. Andrew Murray, District Attorney, for State of North Carolina.

***ORDER***

Upon consideration of the petition filed on the 24th of October 2017 by Defendant 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 7th of December 2017."
IB 

Union Calendar No. 399 

113TH CONGRESS 

2D SESSION H. R. 4283 

[Report No. 113–533] 

To amend the Wild and Scenic Rivers Act to authorize the Secretary of 

the Interior to maintain or replace certain facilities and structures for 

commercial recreation services at Smith Gulch in Idaho, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2014 

Mr. SIMPSON introduced the following bill; which was referred to the 

Committee on Natural Resources 

JULY 17, 2014 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 21, 2014] 


tjames on DSK5VPTVN1PROD with BILLS
2 

•HR 4283 RH

A BILL 

To amend the Wild and Scenic Rivers Act to authorize 

the Secretary of the Interior to maintain or replace certain facilities and structures for commercial recreation 

services at Smith Gulch in Idaho, and for other purposes. 


tjames on DSK5VPTVN1PROD with BILLS
3 

•HR 4283 RH

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

3 SECTION 1. MAINTENANCE OR REPLACEMENT OF FACILI4 TIES AND STRUCTURES AT SMITH GULCH. 

5 Section 3(a)(24)(D) of the Wild and Scenic Rivers Act 

6 (16 U.S.C. 1274(a)(24)(D)) is amended by adding at the 

7 end the following: ‘‘The Secretary shall also authorize or 

8 continue to authorize maintenance or replacement of facili9 ties and structures listed in this subparagraph for commer10 cial recreation services at Smith Gulch whose location is 

11 defined above. The facilities and structures referred to in 

12 this subparagraph are— 

13 ‘‘(i) motorized landscaping equipment, such as 

14 lawnmowers and weed trimmers; 

15 ‘‘(ii) chainsaws; 

16 ‘‘(iii) gasoline-powered electrical generators and 

17 associated electrical transmission facilities; 

18 ‘‘(iv) hydroelectric generators and associated 

19 electrical transmission facilities; 

20 ‘‘(v) gasoline-powered water pumps for fire sup21 pression; 

22 ‘‘(vi) transition from propane to electrical light23 ing; 

24 ‘‘(vii) solar energy systems; and 


tjames on DSK5VPTVN1PROD with BILLS
4 

•HR 4283 RH

1 ‘‘(viii) 6-volt or 12-volt battery banks for power 

2 storage.’’. 


tjames on DSK5VPTVN1PROD with BILLS

tjames on DSK5VPTVN1PROD with BILLS
Union Calendar No. 399 

113TH CONGRESS 

2D SESSION H. R. 4283 

[Report No. 113–533] 

A BILL 

To amend the Wild and Scenic Rivers Act to auIdaho, and for other purposes. commercial recreation services at Smith Gulch in or replace certain facilities and structures for thorize the Secretary of the Interior to maintain 

JULY 17, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


tjames on DSK5VPTVN1PROD with BILLS
FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D24-0245

LT Case No. 2014-CF-187

_____________________________

RIAD AKEL,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

3.850 Appeal from the Circuit Court for Clay County.

Mark Borello, Judge.

Riad Akel, Daytona Beach, pro se.

No Appearance for Appellee.

April 2, 2024

PER CURIAM.

AFFIRMED.

EDWARDS, C.J., and BOATWRIGHT and MACIVER, JJ., concur.
2

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
**** 

**** 

**Section 906 CEO Certification**

**** 

**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 Colony Resorts LVH Acquisitions, LLC (the "Company") on Form 10-Q for the quarter ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, David Monahan, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 
    -  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 Company. 

       

   

 

David Monahan

Chief Executive Officer

 

Date: May 6, 2011     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

- 24 -

----
Waiver Letter









Exhibit 10.1


May 13, 2013


NII Holdings, Inc.
1875 Explorer Street, Suite 1000
Reston, VA 20190


Re: NII Holdings, Inc. Change of Control Severance Plan


Dear Sirs:


Pursuant to an Offer Letter (the “Offer Letter”) from NII Holdings, Inc. (the “Company”) dated April 30, 2013, I am eligible to receive certain benefits as a “Covered Employee” under the Company's Change of Control Severance Plan (the “Plan”). 


This letter sets forth my agreement, effective as of the date hereof, to irrevocably waive my right to receive any gross-up payments pursuant to Section 5(f) of the Plan, which provides for gross-up payments if any excise taxes are imposed under Section 4999 of the Internal Revenue Code. This waiver is voluntary and, except as provided herein, all other terms and rights under the Offer Letter and the Plan will remain in full force and effect. 






Very truly yours,




/s/ Steven M. Shindler        
Steven M. Shindler
Chairman and Chief Executive Officer




Agreed and Accepted,






/s/ Gary D. Begeman        
Gary D. Begeman
Executive Vice President, General Counsel
And Secretary
**Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Promomadrid v OHIM (MADRIDEXPORTA)**

**(Case T-180/07)**

Community trade mark – Application for Community figurative mark MADRIDEXPORTA – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation
No 40/94, Art. 7(1)(c)) (see paras 26, 38)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1130/2006-1) concerning an application for registration of the figurative mark MADRIDEXPORTA as a Community trade mark. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | Promomadrid Desarrollo Internacional de Madrid, SA |
| Community trade mark sought: | Composite mark MADRIDEXPORTA for goods and services in Classes 16, 35, 36, 38, 39, 41 and 42 – Application No 4659553 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 March 2007 (Case R 1130/2006-1); |

| | | |
| --- | --- | --- |
| 2. | | Orders OHIM to pay the costs. |
a50911397ex10_5.htm


Exhibit 10.5


 


 


Second Amendment to Amended and Restated Employment Agreement




 


1.           This second amendment (the “Second Amendment”) is made by B/E Aerospace, Inc. (the “Company”) and Ryan M. Patch (“Executive”), parties to that certain Amended and Restated Employment Agreement dated July 29, 2013 (the “Agreement”).


 


2.           The Agreement is amended as follows:


 


In the second sentence of Section 5(a) of the Agreement, the phrase “or (ii)” shall be deleted and replaced by the phrase “(ii) for purposes of Section 5(f), and following the occurrence of a Change of Control, the date of the Change of Control, or (iii)”.


 


3.           Except as set forth in this Second Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms, and any previous amendments thereto. If there is conflict between this Second Amendment and the Agreement or any earlier amendment, the terms of this Second Amendment will prevail.


 


IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date written below.


 













	
 

	
EXECUTIVE


	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	/s/ Ryan M. Patch	 
	 	


Ryan M. Patch






	 	 
	 	Dated: 	May 12, 2014	 









 


 


 






	
 

	
B/E Aerospace, Inc.


	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	/s/ Thomas P. McCaffrey	 
	 	



Thomas P. McCaffrey








	 	


Senior Vice President and Chief Financial Officer






	 	 
	 	Dated: 	May 12, 2014
EXHIBIT 21





SUBSIDIARIES OF THE REGISTRANT





Valley Bank (“Bank”) is a subsidiary of the registrant, Valley Financial Corporation.  Valley Financial Corporation owns 100% of the Common Stock of the Bank.  Valley Financial Corporation also owns 100% of Valley Financial (VA) Statutory Trust I, Valley Financial (VA) Statutory Trust II, and Valley Financial Statutory Trust III.  VB Investments, LLC is a wholly-owned subsidiary of the Bank.  Valley Wealth Management Services, Inc. is a wholly-owned subsidiary of the Bank.  VB Land, LLC is a wholly-owned subsidiary of the Bank. Each of the above entities was incorporated or organized in Virginia.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4360 Received in Senate (RDS)]

113th CONGRESS
  2d Session
                                H. R. 4360

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2014

                                Received

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Forest Service for the 
Grandfather Ranger District located at 109 Lawing Drive in Nebo, North 
       Carolina, as the ``Jason Crisp Forest Service Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION OF JASON CRISP FOREST SERVICE BUILDING, NEBO, 
              NORTH CAROLINA.

    (a) Designation.--The facility of the Grandfather Ranger District 
of the United States Forest Service located at 109 Lawing Drive in 
Nebo, North Carolina, shall be known and designated as the ``Jason 
Crisp Forest Service Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Jason 
Crisp Forest Service Building''.

            Passed the House of Representatives June 17, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on October 15, 2004, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), ASTM International—Standards (“ASTM”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing additions or changes to its standards development activities. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, ASTM has provided an updated list of current, ongoing ASTM standards activities originating after July 15, 2004, designated as Work Items. A complete listing of ASTM Work Items, along with a brief description of each, is available at                     *http://www.astm.org.*

                    On September 15, 2004, ASTM filed its original notification pursuant to section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to section 6(b) of the Act on November 10, 2004 (69 FR 65226).                

                    For additional information, please contact: Thomas B. O'Brien, Jr., General Counsel, at 100 Barr Harbor Drive, West Conshohocken, PA 19428, telephone #                           ( print page 5483)                        610-832-9597, e-mail address:                     *tobrien@astm.org.*

Dorothy B. Fountain,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 05-1967  Filed 2-1-05; 8:45 am]

BILLING CODE 4410-11-M
<PAGE>   1
                                                               EXHIBIT 23.1

              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We have issued our reports dated September 13, 1996, accompanying the
consolidated financial statements and schedule of ABR Information Services,
Inc. that are included in or incorporated by reference in the Company's 
Form 10-K for the year ended July 31, 1996.  We hereby consent to the 
incorporation by reference of said reports in the Registration Statements of 
ABR Information Services, Inc. on Form S-3 (File No. 333-2706, effective 
March 21, 1996) and Form S-8 (File No. 33-86520, effective November 18, 1994).


/s/ Grant Thorton LLP

Tampa, Florida
October 1, 1996