alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 50491 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
EDWARDO SALVAD O R RODRIGUEZ , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:14

- CR

- 731

- 1

Before KING, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * Edwardo Salvador Rodriguez pleaded guilty to conspiracy to possess with intent to distribute 500 grams or more of methamphetamine , and the district court sentenced him to 250 months of imprisonment and a $5,000 fine

. Rodriguez argues that the district court erred by failing to veri fy at the sentencing hearing that he had read the presentence report , as required by Federal Rule of Criminal Procedure 32(i)(1)(A).

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. United States Court of Appeals Fifth Circuit 

### FILED May 3, 2016 Lyle W. Cayce Clerk Case: 15-50491 Document: 00513490884 Page: 1 Date Filed: 05/03/2016No. 15

- 50491

2 B ecause Rodriguez did not object in the district court, we review his claim for plain error. United States v. Esparza

- Go nzales , 268 F.3d 272, 274 (5th Cir. 2001) . To show plain error, Rodriguez must show a forfeited error that is clear or obvious and that affects his substantial rights. Puckett v. United States , 556 U.S. 129, 135 (2009). As Rodriguez acknowledges, he can not show plain error. S ee Esparza

- Gonzalez , 268 F.3d at 274. AFFIRMED. Case: 15-50491 Document: 00513490884 Page: 2 Date Filed: 05/03/2016
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4624 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4624

  To amend the Fair Debt Collection Practices Act to prohibit a court 
 from making an award of costs to a defendant except on a finding that 
                  an action was brought in bad faith.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2014

Mr. Cartwright introduced the following bill; which was referred to the 
 Committee on Financial Services, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To amend the Fair Debt Collection Practices Act to prohibit a court 
 from making an award of costs to a defendant except on a finding that 
                  an action was brought in bad faith.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Debt Collections Practices 
Clarification Act of 2014''.

SEC. 2. CLARIFICATION THAT NO AWARD OF COSTS MAY BE MADE AGAINST 
              CONSUMERS EXCEPT WHERE ACTION BROUGHT IN BAD FAITH.

    Section 813(a)(3) of the Fair Debt Collection Practices Act (15 
U.S.C. 1692k(a)(3)) is amended by adding at the end the following: ``A 
court may only make an award of costs and attorney fees to the 
defendant on a finding that an action under this section was brought in 
bad faith and for the purpose of harassment, and may not make an award 
of costs or attorney fees otherwise.''.
                                 <all>
```
ACCEPTED 12-14-00279-CR TWELFTH COURT OF APPEALS

TYLER, TEXAS 1/20/2015 3:53:08 PM CATHY LUSK CLERK
#### STATE ex rel. Fred GRIFFIN v. STATE of Louisiana.

No. 2002-KH-1330.

Supreme Court of Louisiana.

Aug. 29, 2003.

Fred Griffin; Applying for Reconsideration of this Court’s order dated April 21, 2003; Parish of Desoto, 11th Judicial District Court, Div. A No. 45,746; to the Court of Appeal, Second Circuit, No. 36187 KH.

Denied.
Exhibit 32








SECTION 1350 CERTIFICATION








Each of the undersigned, Yongke Xue, President and Chief Executive Officer of SkyPeople Fruit Juice, Inc, a Florida corporation (the “Company”), and Spring Liu, Chief Financial Officer of the Company, do 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 the best of his knowledge (1) the Annual Report on Form 10-K of the Company for the year ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (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 the Company.








/s/ Yongke Xue


Name: Yongke Xue


Title:   President and Chief Executive Officer


Date:   March 31, 2010




/s/ Spring Liu


Name: Spring Liu


Title:   Chief Financial Officer


Date:   March 31, 2010








A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished
to the Securities and Exchange Commission or its staff upon request.
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   Boss Minerals, Inc. (the "Company")
on Form 10-QSB for the   period   ended   December 31, 2005   as  filed with the
Securities and Exchange  Commission   on the   date   hereof (the "Report"), the
undersigned, in the capacities    and on the   dates   indicated below,   hereby
certifies 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.


Date:  February 13, 2006


/s/ Andrei Krioukov
-------------------------------------
Andrei Krioukov, President and C.E.O.
(Principal Executive Officer)
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           8,143
<SECURITIES>                                         0
<RECEIVABLES>                                    3,734
<ALLOWANCES>                                        00
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 8,143
<PP&E>                                          73,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  81,143
<CURRENT-LIABILITIES>                          198,931
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       150,708
<OTHER-SE>                                   (268,496)
<TOTAL-LIABILITY-AND-EQUITY>                    81,143
<SALES>                                              0
<TOTAL-REVENUES>                                   488
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               238,092
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (238,580)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (238,580)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (238,580)
<EPS-BASIC>                                     (0.02)
<EPS-DILUTED>                                        0


</TABLE>
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4671 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4671

      To extend the Public Interest Declassification Act of 2000.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2014

   Mr. Issa introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
      To extend the Public Interest Declassification Act of 2000.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Interest Declassification 
Board Reauthorization Act of 2014''.

SEC. 2. EXTENSION.

    Section 710(b) of the Public Interest Declassification Act of 2000 
(Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking 
``2014.'' and inserting ``2015.''.
                                 <all>
```
bonz_ex1016.htm


Exhibit 10.16


 




  





1











  






 


 




  





2











  






 


 




  





3











  






 


 




  





4











  






 


 




  





5











  






 


 


6
<page>			            EXHIBIT 32.01



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 Morgan Stanley Charter
Millburn L.P. (the "Partnership") on Form 10-K for the period
ended December 31, 2003 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Jeffrey A.
Rothman, President, Demeter Management Corporation, the general
partner of the Partnership, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that, to the best of my knowledge:
(1)	The Report fully complies with the requirements of Section
13 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 Partnership.





By:	  /s/	Jeffrey A. Rothman

Name:		Jeffrey A. Rothman
Title:	President

Date:		March 30, 2004
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

OCTOBER 31, 2011

JOHN LEY

 CLERK

[DO NOT PUBLISH]

 IN THE UNITED STATES COURT OF APPEALS

 FOR THE ELEVENTH CIRCUIT

 ________________________

 No. 10-14728 

Non-Argument Calendar

 ________________________

 D.C. Docket No. 1:91-cr-00655-FAM-1

UNITED STATES OF AMERICA, 

llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,

 versus

CHARLES CLARK, 

a.k.a. Bunky Brown, 

llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.

________________________

 Appeal from the United States District Court

 for the Southern District of Florida

 ________________________

(October 31, 2011)

Before EDMONDSON, BARKETT and KRAVITCH, Circuit Judges.

PER CURIAM:

Charles Clark, a federal prisoner proceeding pro se, appeals from the district
court’s denial of his motion to compel the government to file a motion for a

sentencing reduction on his behalf, pursuant to Fed. R. Crim. P. 35(b). Clark

argued that, despite rendering substantial assistance to the government, the

government refused to file a Rule 35(b) motion as punishment for his earlier

decision to proceed to trial. 

We review de novo whether the district court can compel the government to

file a substantial assistance motion. See United States v. Forney, 9 F.3d 1492,

1498 (11th Cir. 1993). Generally, the government has the power, but not the duty,

to file a motion to reduce sentence when a defendant has provided substantial

assistance to the government. Wade v. United States, 504 U.S. 181, 185 (1992);

United States v. McNeese, 547 F.3d 1307, 1309 (11th Cir. 2008). The

government’s refusal to file a Rule 35(b) motion can be reviewed by the district

court, and the district court can grant relief, only if it finds that the government’s

refusal was based on an unconstitutional motive, such as race or religion. Wade,

504 U.S. at 185-86. 

In this case, the district court properly denied Clark’s motion to compel the

government to file a Rule 35(b) motion. This is so because, even assuming that

Wade prohibits the government from retaliating against defendants who exercise

their constitutional right to proceed to trial, Clark failed to make a “substantial

2
showing” that the government harbored such a motive. See United States v.

Dorsey, 554 F.3d 958, 961 (11th Cir. 2009). Accordingly, we affirm.

AFFIRMED.

3
EXHIBIT 99.1
                                                                    ------------





           CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
       ACT OF 2002 (SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF
                          TITLE 18, UNITED STATES CODE)



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsection (a) and
(b) of section 1350, chapter 63 of Title 18, United States Code), each of the
undersigned officers of Duravest, Inc., a Florida corporation (the "Company"),
does hereby certify with respect to the Annual Report of the Company of Form
10-KSB for the year ended December 31, 2002 as filed with the Securities and
Exchange Commission (the "10-KSB Report") that: (1) the 10-KSB 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 10-KSB Report
fairly represents, in all material respects, the financial condition and results
of operations of the Company.


                                        DURAVEST, INC.

Dated:  March 27, 2003                 By: /s/ Patti Cooke
                                            ------------------------------------
                                            Patti Cooke, President and Principal
                                            Executive, Financial and Accounting
                                            Officer
----

Information procedure — Technical rules

(2004/C 235/02)

(Text with EEA relevance)

Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services. (OJ L 204, 21.7.1998, p. 37; OJ L 217, 5.8.1998, p. 18).

Notifications of draft national technical rules received by the Commission

The Commission draws attention to the judgment delivered on 30 April 1996 in the ‘CIA Security’ case (C-194/94, ECR I-2201), in which the Court of Justice ruled that Articles 8 and 9 of Directive 98/34/EC (formerly 83/189/EEC) are to be interpreted as meaning that individuals may rely on them before national courts which must decline to apply a national technical regulation which has not been notified in accordance with the Directive.

This judgment confirms the Commission's communication of 1 October 1986 (OJ C 245, 1.10.1986, p. 4).

Accordingly, breach of the obligation to notify renders the technical regulations concerned inapplicable, and consequently unenforceable against individuals.

For more information on the notification procedure, please write to:

Also consult the website: http://europa.eu.int/comm/enterprise/tris/

If you require any further information on these notifications, please contact the national departments listed below:

LIST OF NATIONAL DEPARTMENTS RESPONSIBLE FOR THE MANAGEMENT OF DIRECTIVE 98/34/EC

BELGIUM

CZECH REPUBLIC

DENMARK

GERMANY

ESTONIA

GREECE

SPAIN

FRANCE

IRELAND

ITALY

CYPRUS

LATVIA

LITHUANIA

LUXEMBOURG

HUNGARY

MALTA

NETHERLANDS

AUSTRIA

POLAND

PORTUGAL

SLOVENIA

SLOVAKIA

FINLAND

SWEDEN

UNITED KINGDOM

EFTA — ESA

TURKEY

----

(1)  Year - registration number - Member State of origin.

(2)  Period during which the draft may not be adopted.

(3)  No standstill period since the Commission accepts the grounds of urgent adoption invoked by the notifying Member State.

(4)  No standstill period since the measure concerns technical specifications or other requirements or rules on services linked to fiscal or financial measures, pursuant to the third indent of the second paragraph of Article 1(11) of Directive 98/34/EC.

(5)  Information procedure closed.

----
STATE of North Carolina v. Michael Emmanuel HUDSON, Defendant.

No. COA18-143

Court of Appeals of North Carolina.

Filed: November 6, 2018

NO ERROR.
In the MATTER OF Andrew Bennet KOPLAN.

S18Y1378

Supreme Court of Georgia.

Decided: August 27, 2018

Andrew Bennet Koplan, Andrew B. Koplan, P.C., 1870 The Exchange SE, Suite 100, Atlanta, Georgia 30339, for Appellant

Alison Leigh Burgess, Jenny K. Mittelman, Paula J. Frederick, General Counsel, STATE BAR OF GEORGIA, 104 Marietta Street N.W., Suite 100, Atlanta, Georgia 30303, for Appellee

PER CURIAM.

*653This disciplinary matter is before the Court on the voluntary petition of Andrew Bennet Koplan (State Bar No. 428152), see Bar Rule 4-227 (b) (2), for the indefinite suspension of his license to practice law pending the resolution of a criminal complaint filed against him on April 10, 2018, in Cobb County for theft by conversion. Koplan states that he represented a company formed by a client; that the company deposited $600,953.19 into his trust account; that he made authorized payments of $396,000; that a portion of the balance was to be used to pay outstanding legal fees; and that he failed to promptly disburse the remaining balance and failed to render a full accounting to the client. He admits that by this conduct he has violated Rule 1.15 (I) (c). He further states that he has not engaged in the practice of law for at least one-and-a-half years. The State Bar responds that an indefinite suspension is in the best interest of the public and recommends that the Court ~~to~~accept the petition. Having reviewed the petition and response, we agree that the request should be granted. See *In the Matter of Miller*, 300 Ga. 139, 793 S.E.2d 376 (2017) ; *In the Matter of Swank*, 288 Ga. 479, 704 S.E.2d 807 (2011). Therefore, it is hereby ordered that Andrew Bennet Koplan be suspended from the practice of law in this State during the pendency of the criminal charges against him and until further order of this Court. He is hereby directed to notify the State Bar's Office of General Counsel in writing within seven days of any final disposition of the criminal charges, whether by plea, verdict, dismissal, first offender probation, or otherwise. Koplan is reminded of his duties pursuant to former Bar Rule 4-219 (c).

*Petition for voluntary discipline accepted. Suspension until further order of the Court.*

Hines, C. J., Melton, P. J., Benham, Hunstein, Nahmias, Blackwell, Boggs, and Peterson, JJ., concur.
----

----

**CONSENT OF QUALIFIED PERSON**

I, Philip Edward Jankowski, confirm that:

I am the Qualified Person for the Mineral Resourcessection of the Annual Information Form of Nevsun ResourcesLtd. dated February23, 2017 (“AIF”).

I have read National Instrument 43-101 Standards of Disclosure for Mineral Projects (“NI 43-101”)and understand these Standards as pertainsto the work for which I am responsible as disclosed in theAIF.

I am Chief ResourceGeologist of the Bisha Mining Share Company, and a graduatefrom the Australian National University with a Bachelor of Sciencedegree in Geology in 1986 and a GraduateDiploma in Geology in 1988; and a graduatefrom the University of Western Australia with a Masterof Science degree in Geology in 2000. I am a Member of the Australasian Institute of Mining and Metallurgy and a Chartered Professional (Geology). I have 28 yearsof mining industry experience, includingresource estimation, consulting, open pit and underground mine geology, and exploration roles in a wide range of metallic deposits.

I am a QualifiedPerson as definedin NI 43-101, having 28 years of experience which is relevant to the style of mineralization and type of deposit described in the AIF, and to the activityfor which I am acceptingresponsibility.

I have reviewedthe AIF to which this statement of consent applies.

Iam not independent of Nevsun Resources Limited as described by Section 1.4 of NI43-101.

I verify that the information in the AIF is based on and fairly and accurately reflects in the form and context in which it appears,the information in my supporting documentation relating to Mineral Resources.

I consent to the release of the AIF and this statement of consent by Nevsun Resources Ltd. Dated February17, 2017.

***“Philip Jankowski”***

Philip Jankowski MAusIMM (CP)

----
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 this annual report on Form 10-KSB of State of Franklin
Bancshares,   Inc.,  I,  Randal  R.  Greene,  President  of  State  of  Franklin
Bancshares,  Inc., certify, 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 this report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of State of Franklin Bancshares, Inc.

Date:  March 29, 2004                            /s/ Randal R. Greene
                                                 -------------------------------
                                                 Randal R. Greene
                                                 President
STATE of North Carolina v. Cortez HARRIS, Defendant, and Eddie L. McCoy, Bail Agent, and Agent Associates Insurance, L.L.C., Surety.

No. COA17-964

Court of Appeals of North Carolina.

Filed: April 17, 2018

VACATED. REMANDED.
#### STATE of Louisiana v. Leonard B. STOKES.

No. 2002-KO-2807.

Supreme Court of Louisiana.

Sept. 5, 2003.

In re Stokes, Leonard B.;—Defendant; Applying for Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. B, No. 99-F1160; to the Court of Appeal, Second Circuit, No. 36,-212-KA.

Denied.