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. 06-10667

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JOSE REYES CORONA

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:05-CR-176-3

Before KING, BARKSDALE, and OWEN, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Jose Reyes Corona has moved for

leave to withdraw and has filed a brief in accordance with Anders v. California,

386 U.S. 738 (1967). Corona has filed a response. Our independent review of

the record, Corona’s response, and counsel’s brief discloses no nonfrivolous issue

for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED,

counsel is excused from further responsibilities herein, and the APPEAL IS

DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

October 22, 2008

Charles R. Fulbruge III

Clerk
#### Sonny THAI, Appellant, v. STATE of Florida, Appellee.

No. 5D02-1403.

District Court of Appeal of Florida, Fifth District.

Aug. 26, 2003.

James B. Gibson, Public Defender, and A.S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela J. Roller, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. *See Harris v. State,*843 So.2d 856 (Fla.2003); *Labadie v. State,*840 So.2d 332 (Fla. 5th DCA 2003); *Garner v. State,*729 So.2d 990 (Fla. 5th DCA 1999).

SHARP, W., PLEUS and PALMER, JJ., concur.
# Official Journal C 70E/2007

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 70E |
| | |
| English edition | Information and Notices | Volume 5027 March 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 70E

English edition

Information and Notices

Volume 5027 March 2007

---

| Notice No | Contents | page |
| --- | --- | --- |
| | III   Preparatory Acts |
| | Council |
| 2007/C 070E/01 | Common Position (EC) No 2/2007 of 11 December 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70 | 1 |
| 2007/C 070E/02 | Common Position (EC) No 3/2007 of 11 December 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1) | 21 |

Notice No

Contents

page

III   Preparatory Acts

Council

2007/C 070E/01

Common Position (EC) No 2/2007 of 11 December 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70

1

2007/C 070E/02

Common Position (EC) No 3/2007 of 11 December 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1)

21

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

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

EN
#### In re MEDICAL REVIEW PANEL OF Keisha CONERLY.

No. 2002-C-3082.

Supreme Court of Louisiana.

Sept. 19, 2003.

In re Ochsner Medical Foundation; Ochsner Clinic L.L.C.; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. K, No. 518-765; to the Court of Appeal, Fifth Circuit, No. 02-CA-485.

Granted and remanded to court of appeal to reconsider in light of *David v. Our Lady of the Lake.*
**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 Annual Report of Northfield LaboratoriesInc. on Form 10-Kfor the period ended May 31, 2006 as filed with theSecurities and Exchange Commission on the date hereof (the“Report”), I, Steven A. Gould, M.D., ChiefExecutive Officer of Northfield Laboratories Inc., certify,pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002that:          (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 Northfield Laboratories Inc./s/ Steven A. Gould, M.D. Steven A. Gould, M.D.Chief Executive OfficerDate: August 11, 2006
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 Innocap, Inc. (the Company) on Form 10-Q for the period ended July 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Paul Tidwell, Chief Executive Officer and Chief Financial 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 to my knowledge:  1. The Report fully complies with 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.   Date: November 6, 2012  /s/ Paul Tidwell Paul Tidwell Chief Executive Officer and Chief Financial Officer
STATE v. Tilmon Charles GOLPHIN

441A98-4

Supreme Court of North Carolina.

March 21, 2018

Jay H. Ferguson, Attorney at Law, Kenneth J. Rose, Attorney at Law, Durham, for Golphin, Tilmon Charles.

Danielle Marquis Elder, Special Deputy Attorney General, Jonathan P. Babb, Special Counsel to Attorney General, William R. West, District Attorney, for State of N.C.

James E. Williams, Jr., Attorney at Law, Carrboro, for N.C. Advocates for Justice.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 19th of March 2018 by Defendant:

"Motion Allowed by order of the Court in conference, this the 21st of March 2018."

Defendant shall have up to and including the 3rd day of July 2018 to file and serve his/her brief with this Court.
**Judgment of the Court of First Instance (Eighth Chamber) of 12 March 2008 – Suez v OHIM (Delivering the essentials of life)**

**(Case T-128/07)**

Community trade mark – Application for Community word mark Delivering the essentials of life – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 27-29)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the First Board of Appeal of OHIM of 2 February 2007 (Case R 811/2006-1) concerning an application for registration of the mark Delivering the essentials of life as a Community trade mark. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | Suez |
| Community trade mark sought: | Word mark Delivering the essentials of life for goods and services in Classes 1, 9, 11, 16 and 35 to 42 – Application No 4102497 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the action; |

| | | |
| --- | --- | --- |
| 2. | | Orders Suez to pay the costs. |
Evidio J. CARRAZANA, Plaintiff, v. WESTERN EXPRESS, INC., Michael B. Carter, Tracie McCormick, Inc. and Glennwood D. Tyndall, Jr., Defendants.

No. COA15-1063.

Court of Appeals of North Carolina.

March 1, 2016.

**Case Reported Without Published Opinion**

Affirmed.
EXHIBIT 32.1




CERTIFICATION
OF CHIEF EXECUTIVE OFFICER




ANSWERS
CORPORATION




FORM 10-Q
FOR THE QUARTER ENDED JUNE 30, 2010




PURSUANT
TO 18 U.S.C. SECTION 1350, AS ADOPTED




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




I am the Chief
Executive Officer of Answers Corporation, a Delaware corporation (the
“Company”). I am delivering this certificate in connection with the
Form 10-Q of the Company for the quarter ended June 30, 2010 and filed with
the Securities and Exchange Commission (“Form 10-Q”).




Pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge,
the Form 10-Q fully complies with the requirements of
Section 13(a) or Section 15(d) of the Securities Exchange
Act of 1934 and that the information contained in the Form 10-Q fairly
presents, in all material respects, the financial condition and results of
operations of the Company.












Date: August
      11, 2010
            /s/ Robert S.
      RosenscheinRobert S.
      RosenscheinChief
      Executive Officer
[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Notices]
[Pages 56495-56496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19285]


=======================================================================
-----------------------------------------------------------------------

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION


Senior Executive Service (SES) Performance Review Board; Members

AGENCY: National Archives and Records Administration.

[[Page 56496]]


ACTION: Notice; SES Performance Review Board.

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

SUMMARY: Notice is hereby given of the appointment of members of the 
National Archives and Records Administration (NARA) Performance Review 
Board.

DATES: This appointment is effective on September 27, 2005.

FOR FURTHER INFORMATION CONTACT: Steven G. Rappold, Human Resources 
Services Division (NHH), National Archives at College Park, 8601 
Adelphi Road, College Park, MD 20740-6001, (301) 837-2084.

SUPPLEMENTARY INFORMATION: Section 4314(c) of Title 5, U.S.C., requires 
each agency to establish, in accordance with regulations prescribed by 
the Office of Personnel Management, one or more SES Performance Review 
Boards. The Board shall review the initial appraisal of a senior 
executive's performance by the supervisor and recommend final action to 
the appointing authority regarding matters related to senior executive 
performance.
    The members of the Performance Review Board for the National 
Archives and Records Administration are: Lewis J. Bellardo, Deputy 
Archivist of the United States and Chief of Staff, Adrienne C. Thomas, 
Assistant Archivist for Administrative Services, and Michael J. Kurtz, 
Assistant Archivist for Records Services--Washington, DC. These 
appointments supersede all previous appointments.

    Dated: September 22, 2005.
Allen Weinstein,
Archivist of the United States.
[FR Doc. 05-19285 Filed 9-26-05; 8:45 am]
BILLING CODE 7515-01-P
#### STATE of Missouri, Plaintiff/Respondent, v. Marcel CLARK, Defendant/Appellant.

No. ED 81813.

Missouri Court of Appeals, Eastern District, Division One.

Sept. 2, 2003.

William J. Swift, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., John Munson Morris, III, Asst. Atty. Gen., Joel A. Block, Asst. Atty. Gen., Andrew W. Hassell, Asst. Atty. Gen., Jefferson City, MO, for respondent.

Before GARY M. GAERTNER, SR., P.J., and ROBERT G. DOWD, JR., and MARY R. RUSSELL, JJ.

ORDER

PER CURIAM.

Marcel Clark (Defendant) appeals from the judgment upon his conviction by a jury of first-degree burglary, Section 569.160, RSMo 2000, and third-degree assault of a law enforcement officer, Section 565.083, RSMo 2000. The trial court sentenced Defendant as a prior and persistent offender to twenty years’ imprisonment for the burglary charge and to a one-year concurrent jail term on the assault charge. On appeal, Defendant contends the trial court erred in (1) denying the motion for judgment of acquittal on the first-degree burglary verdict because there was insufficient evidence Defendant entered the house, and (2) denying the motion to sever the first-degree burglary charge and third-degree assault of a law enforcement officer charge because Defendant had to forgo his right to testify on the assault charge in order to exercise his right not to testify on the burglary charge.

Having reviewed the briefs of the parties and the record on appeal, we find no error of law. An extended opinion would serve no jurisprudential purpose. We have, however, provided the parties with a memorandum setting forth the reasons for our decision. We affirm the judgment pursuant to Rule 30.25(b).
EXHIBIT 32.1

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

In connection with the Quarterly Report of Mewbourne Energy Partners 05-A, L.P. (the Registrant) on Form 10-Q for the three months ended September 30, 2009, as filed with the Securities and Exchange Commission on the date
hereof (the Report), the undersigned hereby certifies, in the capacity as indicated below and pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, as amended, and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------

| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Registrant.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------

Date:
                        November 16, 2009



/s/ Curtis W. MewbourneCurtis W. MewbourneChief Executive OfficerMewbourne Development Corporation,Managing General Partner of the Registrant
Exhibit 32.01

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350

The undersigned, Steven L. Basta, Chief Executive Officer of BioForm Medical, Inc. (the Company), pursuant to 18 U.S.C. §1350, hereby certifies that:



|(i) | the Quarterly Report on Form 10-Q for the period ended September 30, 2009 of the Company (the Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |  |  |     |  |                        
|----------------------- |  |  |  | --- |  | -----------------------
|Date: NOVEMBER 12, 2009 |  |  |  | By: |  | /s/ STEVEN L. BASTA    
|                        |  |  |  |     |  | STEVEN L. BASTA        
|                        |  |  |  |     |  | Chief Executive Officer
# Official Journal C 181/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 181 |
| | |
| English edition | Information and Notices | Volume 493 August 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 181

English edition

Information and Notices

Volume 493 August 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 181/1 | Euro exchange rates | 1 |
| 2006/C 181/2 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections | 2 |
| 2006/C 181/3 | Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products | 4 |
| 2006/C 181/4 | Information procedure — Technical rules (1) | 7 |
| 2006/C 181/5 | Non-opposition to a notified concentration (Case COMP/M.4141 — Linde/BOC) (1) | 13 |
| 2006/C 181/6 | Non-opposition to a notified concentration (Case COMP/M.4139 — Sony/NEC/JV) (1) | 13 |
| 2006/C 181/7 | Non-opposition to a notified concentration (Case COMP/M.4137 — Mittal/Arcelor) (1) | 14 |
| 2006/C 181/8 | Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain iron or steel ropes and cables originating in Russia, Thailand and Turkey and a partial interim review of the anti-dumping measures applicable to imports of certain iron or steel ropes and cables originating in Turkey | 15 |

Notice No

Contents

page

I   Information

Commission

2006/C 181/1

Euro exchange rates

1

2006/C 181/2

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections

2

2006/C 181/3

Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products

4

2006/C 181/4

Information procedure — Technical rules (1)

7

2006/C 181/5

Non-opposition to a notified concentration (Case COMP/M.4141 — Linde/BOC) (1)

13

2006/C 181/6

Non-opposition to a notified concentration (Case COMP/M.4139 — Sony/NEC/JV) (1)

13

2006/C 181/7

Non-opposition to a notified concentration (Case COMP/M.4137 — Mittal/Arcelor) (1)

14

2006/C 181/8

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain iron or steel ropes and cables originating in Russia, Thailand and Turkey and a partial interim review of the anti-dumping measures applicable to imports of certain iron or steel ropes and cables originating in Turkey

15

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

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

EN
**Exhibit 12.2**

**SECTION 302 CERTIFICATION**

I, Adrian Calaza, certify that:

1.     I have reviewed this annual report on Form 20-F of TIM Participações S.A.;

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 company as of, and for, the periods presented in this report;

4.     I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company 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 company, 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)    Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

c)     Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report 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

d)    Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and

5.     I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of the company’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 company’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 company’s internal control over financial reporting.

Dated:    April 5, 2018

 

----
STATE of North Carolina v. Marcus Marcel SMITH

No. 290A17

Supreme Court of North Carolina.

December 7, 2017

Jason C. Yoder, Attorney at Law, for Smith, Marcus Marcel.

Adrian Dellinger, Associate Attorney General, Teresa M. Postell, Assistant Attorney General, James R. O'Neill, District Attorney, for State of North Carolina.

Kimberly N. Callahan, Assistant Attorney General.

***ORDER***

Upon consideration of the petition filed by State of NC on the 28th of August 2017 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 7th of December 2017."

Upon consideration of the petition for discretionary review, filed by State of NC on the 20th of September 2017 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Allowed by order of the Court in conference, this the 7th of December 2017."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this *576Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).