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

No. 17

- 20514 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
CLARENCE LEWIS, III , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08

- CR

- 682

- 1

Before KING, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM: * Clarence Lewis, III, federal prisoner # 43461

- 279, appeals the denial of his motion for a mandatory evidentiary hearing challenging the legality of the district court’s restitution order. He argues that the district court violated 18 U.S.C. § 3664(d)(5) by failing to afford him the opportunit y to contest the final restitution judgment entered outside of the 90

- day period allowed under that statute. He also argues that the order of restitution is unenforceable because

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 June 27, 2018 Lyle W. Cayce Clerk Case: 17-20514 Document: 00514530749 Page: 1 Date Filed: 06/27/2018No. 17

- 20514

2 it was entered after he filed his notice of appeal , depriving the district c ourt of jurisdiction. He contends that his constitutional right to be present at sentencing was violated when the district court entered the restitution order outside his presence. Additionally, Lewis asserts that the Government provided false informatio n to the district court in support of the amount of restitution and that he was deprived of the opportunity to contest the validity of the information. The district court lacked jurisdiction to consider Lewis’s motion challenging the legality of the restit ution portion of his sentence. See United States v. Hatten , 167 F.3d 884, 887 & n.5 (5th Cir. 1999) (citing United States v. Segler , 37 F.3d 1131, 1135 (5th Cir. 1994) ) . Lewis’s motion is “ an unauthorized motion which the district court was without juris diction to entertain. Thus, he has appealed from the denial of a meaningless,
unauthorized motion.” United States v. Early , 27 F.3d 140, 142 (5th Cir. 1994). Because this is the third time Lewis has challenged the restitution portion of
his sentence in post

- judgment proceedings, his appeal is DISMISSED AS FRIVOLOUS. See 5 TH C IR

. R. 42.2. His motion for release pending appeal is
DENIED. Lewis has unsuccessfully sought relief from his restitution order in two 28 U.S.C. § 2255 motions and now in an unauthorized motion. He is WARNED that future frivolous filings will invite the imposition of sanctions, which may include dismissal, monetary sanctions, and restrictions on his ability to file pleadings in this court and any court subject to this court’s jurisdiction.
APPEAL DISMISSED AS FRIVOLOUS ; SANCTION WARNING ISSUED; MOTION FOR RELEASE PENDING APPEAL DENIED. Case: 17-20514 Document: 00514530749 Page: 2 Date Filed: 06/27/2018
STATE v. Patrick MYLETT

6A19-1

Supreme Court of North Carolina.

March 11, 2019

W. Rob Heroy, Attorney at Law, Charlotte, for Mylett, Patrick.

Matthew W. Sawchak, Solicitor General, James W. Doggett, Deputy Solicitor General, Robert S. Banks, District Attorney, for State of North Carolina.

Ryan Y. Park, Deputy Solicitor General.

Noell P. Tin, Attorney at Law, Charlotte, for Pennsylvania Center for the First Amendment.

*582The following order has been entered on the motion filed on the 8th of March 2019 by Pennsylvania Center for the First Amendment for leave to file Amicus Curiae Brief:

"Motion Allowed by order of the Court in conference, this the 11th of March 2019."

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).
<PAGE>
                                   EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Intermountain Community Bancorp (the
"Company") on Form 10-Q for the period ending September 30, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), we,
Curt Hecker, Chief Executive Officer, and Doug Wright, Chief Financial Officer,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

      (1)   The Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities Exchange Act of 1934; and

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


A signed original 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.

Date:  November 4, 2005

/s/  Curt Hecker                             /s/ Doug Wright
----------------------------                 -------------------------------
Curt Hecker                                  Doug Wright
Chief Executive Officer                      Chief Financial Officer


                                       29
EXHIBIT 32.1

               CERTIFICATES OF CHIEF EXECUTIVE OFFICER PURSUANT TO
         SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003 (18 U.S.C. 1350)

     Solely for the  purposes  of  complying  with 18 U.S.C.  ss.  1350,  I, the
undersigned  Chief  Executive  Officer of Sew Cal Logo,  Inc.  (the  "Company"),
hereby certify, based on my knowledge,  that the Quarterly Report on Form 10-QSB
of the Company for the quarter ended February 28, 2005 (the "Report"):

     1. Fully complies with the  requirements of Section 13(a) of the Securities
Exchange Act of 1934: and

     2.  That  information  contained  in the  Report  fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.


/s/ Richard Songer
-----------------------------------
    Richard Songer
    Chief Executive Officer
    April 14, 2005
GODETT v. STATE of NC, et al.

279P18-1

Supreme Court of North Carolina.

October 24, 2018

Aaron Godett, for Godett, Aaron.

The following order has been entered on the motion filed on the 28th of August 2018 by Plaintiff for Suit for Punitive Damages and Compensatory Damanges:

"Motion Dismissed by order of the Court in conference, this the 24th of October 2018."
#### Jerrilyn WILLIAMS and Todd Williams v. SUPER TRUCKS INC., Ford Motor Company, White & Babin Ford Company, Inc., William C. Martin & Derrell Graham Chevrolet, Inc. Glen F. Post, Jr. v. Super Trucks, Inc., Ford Motor Company, White & Babin Ford Company, Inc., William C. Martin, & Derrell Graham Chevrolet, Inc.

No. 2003-C-1303.

Supreme Court of Louisiana.

Sept. 5, 2003.

*1043In re Williams, Jerrilyn et al.; Williams, Todd;—Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Union, 3rd Judicial District Court Div. B, Nos. 30,948, 36,964; to the Court of Appeal, Second Circuit, No(s). 36,993, 36,994.

Denied.
Exhibit 23.1


                     Consent of Independent Auditors




We consent to the incorporation by reference in the Registration 
Statement (Form S-3 No. 333-43267), the Registration Statement (Form S-3 
No. 33-94782), the Registration Statement (Form S-3 No. 333-14139), the 
Registration Statement (Form S-3 No. 333-22211), the Registration 
Statement (Form S-8 No. 33-94036) and the Registration Statement (Form 
S-8 No. 333-44149) and in the related Prospectus of Liberty Property 
Trust and Liberty Property Limited Partnership of our report dated 
February 13, 1998 (except Note 13, as to which the date is February 23, 
1998), with respect to the consolidated financial statements and 
schedule of Liberty Property Trust included in this Annual Report (Form 
10-K) for the year ended December 31, 1997.



								
Philadelphia, Pennsylvania
March 2, 1998




                                                      Exhibit 23.2

                     Consent of Independent Auditors





We consent to the incorporation by reference in the Registration 
Statement (Form S-3 No. 333-43267), the Registration Statement (Form S-3 
No. 33-94782) and the Registration Statement (Form S-3 No. 333-22211) 
and in the related Propectus of Liberty Property Trust and Liberty 
Property Limited Partnership of our report dated February 13, 1998 
(except Note 11, as to which the date is February 23, 1998),  with 
respect to the consolidated financial statements and schedule of Liberty 
Property Limited Partnership included in this Annual Report (Form 10-K) 
for the year ended December 31, 1997.



								
Philadelphia, Pennsylvania
March  2, 1998
EXHIBIT 99.12
 CONSENT OF EXPERT
 
 I hereby consent to the use of and reference to my name, Jeremy Vincent, B.Sc. (Hons), P.Geo, the news release, Silver Standard Reports Fourth Quarter and Year-end 2012 Results, containing the Mineral Resources estimate of the Cortaderas Area with an effective date of December 31, 2012 (the "News Release"), and the report, NI 43-101 Technical Report on the Pitarrilla Project, Durango Sate, Mexico, dated effective December 14, 2012 (together with the News Release, the “Reports”), and the information contained in my Reports as described or incorporated by reference in: (i) Silver Standard Resources Inc.’s Annual Report on Form 40-F for the year ended December 31, 2012, and (ii) Silver Standard Resources Inc.’s Registration Statements on Form S-8 (File No. 333-185498), filed with the United States Securities Exchange Commission.
 
 Dated this 7th day of March, 2013.
 
 
 Very truly yours,
 
 
 /s/ Jeremy Vincent
 Jeremy Vincent, B.Sc. (Hons), P. Geo
EXHIBIT 32.1




                Written Statement of the Chief Executive Officer
                          Pursuant to 18 U.S.C. ss.1350

Solely for the purposes of complying with 18 U.S.C. ss.1350, I, the undersigned
Chairman and Chief Executive Officer of Regency Centers Corporation, the general
partner of Regency Centers, L.P. (the "Company"), hereby certify, based on my
knowledge, that the Annual Report on Form 10-K of the Company for the year ended
December 31, 2003 (the "Report") fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934 and that information contained in
the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.



Date: March 9, 2004



/s/ Martin E. Stein, Jr.
-----------------------------
Martin E. Stein, Jr.
Chief Executive Officer
#### In re Appeal of Decision of DISCIPLINARY BOARD NO. 02-PDB-122.

No. 2003-OB-1248.

Supreme Court of Louisiana.

Aug. 29, 2003.

In re Jemison, Robert J., II;—Plaintiff; Applying for Appeal of Decision of the Disciplinary Board Office of the Disciplinary Board, No. 02-PDB-122.

Leave to appeal denied.
**Exhibit 13.2****CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 USC. SECTION  1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**
I, V. Balakrishnan, certify, pursuant  to 18 USC. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley  Act of 2002, that the Annual Report of Infosys Technologies Limited on Form  20-F for the year ended March 31, 2009, fully complies with the requirements of  Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and  that information contained in such Annual Report on Form 20-F fairly presents  in all material respects the financial condition and results of operations of  Infosys Technologies Limited.

 
Date: April 28, 2009/s/ V. BALAKRISHNAN**V. Balakrishnan**        Chief Financial Officer
N OTE : This order is nonprecedential

. 

# United States **Court of Appeals**  **for the Federal Circuit**

______________________

RICHARD L. LUFT, Petitioner

v.

DEPARTMENT OF THE ARMY, Respondent

______________________

2022

- 1034

______________________ Petition for review of the Merit Systems Protection Board in No. DA

- 0432

- 21

- 0090

- I

- 1.

______________________
ON MOTION

______________________

P ER C URIAM

. O R D E R
Richard L. Luft moves for leave to proceed in forma pauperis and, i n response to the court’s March 9 , 2022 order, informs the court that he elects for transfer of this mixed

- case to the United States District Court for the Case: 22-1034 Document: 21 Page: 1 Filed: 04/07/2022LUFT v. ARMY 2

Northern District of Texas and re quests a refund of the docketing fee that he previously submitted. *
Upon consideration thereof

, I T I S O RDERED T HAT : (1) The motion to proceed in forma pauperis is granted. The Clerk of Court is directed to refund the filing fee.
(2) Pursuant to 28 U. S.C. § 1631 and the court’s March 9, 2022 order , this case and all transmittals are transferred to the United States District Court for the Northern District of Texas.

April 7

, 2022 Date F OR THE C OURT

/s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court

* To the extent Mr. Luft indicates his desire to withdraw his petition for r eview pending before the Merit Systems Protection Board

, the court notes that he must file a motion at the Board seeking such relief. Case: 22-1034 Document: 21 Page: 2 Filed: 04/07/2022
March
        29,
        2007
 
 Warren
        Stern
 DOV
        Pharmaceutical, Inc.
 150
        Pierce Street
 Somerset,
        NJ 08873
 
 Dear
        Warren:
 
 In
        connection with your continued employment by DOV Pharmaceutical, Inc. (“DOV” or
        the “Company”), I am pleased to offer you the following terms as set forth
        below. If accepted by you, the terms of this Letter Agreement shall be effective
        as of April 1, 2007 (the “Effective Date”) and shall terminate June 30, 2007
        (the “Expiration Date”, and the period commencing on the Effective Date and
        ending on the Expiration Date shall be referred to herein as the “Term”). The
        parties hereto acknowledge and agree that your Employment Agreement, dated
        as of
        September 10, 2003 and as amended on June 30, 2006, shall expire on March
        31,
        2007 and shall not govern your employment with DOV during the Term. On the
        Effective Date, this Letter Agreement shall be the exclusive statement of
        the
        terms of your continued employment during the Term and shall replace any
        prior
        agreement between us.
 
 This
        Letter Agreement confirms your continued employment during the Term on a
        part-time basis as DOV’s Senior Vice President, Drug Development. During the
        Term, you shall devote at least eight hours per week to your employment with
        the
        Company and shall be present in the Company’s offices at least one day per
        month. You shall be paid $1,702 per week (minus deductions and withholdings
        required by law) and shall be reimbursed for reasonable and necessary travel
        expenses incurred in connection with your travel to DOV’s offices. You are
        entitled during the Term to 1.5 vacation days, but you shall not receive
        any
        other benefits that may be provided by DOV to its employees.
 
 You
        and
        DOV agree that either party may terminate your employment and this Letter
        Agreement at any time and for any reason upon at least 30 days’ written notice.
        Furthermore, the parties hereto agree that, by May 1, 2007, the parties shall
        reach agreement as to whether to extend the Term until December 31, 2007.
        This
        letter and the terms herein shall be amended only in writing. To accept,
        please
        sign below in the space provided.
 Sincerely,/s/
                Barbara DuncanBarbara
                DuncanChief
                Executive Officer
  Accepted
                and
                Agreed:/s/
                Warren
                SternDr.
                Warren Stern
 150
          Pierce Street, Somerset, NJ 08873
 Phone:
          (732) 907-3600 · FAX
          (732) 907-3799
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 11-50791

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JORGE LUIS MENDEZ-SORIA, also known as Jorge Luis Mendez Soria,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:11-CR-656-1

Before DAVIS, STEWART, and PRADO, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Jorge Luis MendezSoria has moved for leave to withdraw and has filed a brief in accordance with

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d

229 (5th Cir. 2011). Mendez-Soria has not filed a response. We have reviewed

counsel’s brief and the relevant portions of the record reflected therein. We

concur with counsel’s assessment that the appeal presents no nonfrivolous issue

for appellate review. Accordingly, counsel’s motion for leave to withdraw is

United States Court of Appeals

Fifth Circuit

F I L E D

June 19, 2012

Lyle W. Cayce

Clerk

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.

Case: 11-50791 Document: 00511892234 Page: 1 Date Filed: 06/19/2012
No. 11-50791

GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 

2

Case: 11-50791 Document: 00511892234 Page: 2 Date Filed: 06/19/2012
#### Lorraine BRADLEY, et al. v. Robert A. HOSTEAD, et al.

No. 2003-CD-1256.

Supreme Court of Louisiana.

Sept. 5, 2003.

In re Bradley, Lorraine et al.; Jones, Sabrina;—Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, Baton Rouge City Court, No. 9810-11434; 19th Judicial District Court Div. M, No. 496.741:

*1039Granted for the sole purpose of transferring the application to the Court of Appeal for its consideration pursuant to La. Const, art. V, Section 10(A). See La. Sup.Ct. Rule X, Section 5(b)(b).
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 Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

The Glenn/Colusa County Resource Advisory Committee (RAC) will meet in Willows, California. Agenda items to be covered include: (1) Introductions, (2) Approval of Minutes, (3) Public Comment, (4) Bob Douglas to Talk about the Legislator, (5) Web site Update, (6) Noxious Weed Proposal, (7) National RAC Meeting, (8) General Discussion, (9) Next Agenda.

# DATES:

The meeting will be held on February 28, 2005, from 1:30 p.m. and end at approximately 4:30 p.m.

# ADDRESSES:

The meeting will be held at the Mendocino National Forest Supervisor's Office, 825 N. Humboldt Ave., Willows, CA 95988. Individuals wishing to speak or propose agenda items must send their names and proposals to Jim Giachino, DFO, 825 N. Humboldt Ave., Willows, CA 95988.

# FOR FURTHER INFORMATION CONTACT:

                        Bobbin Gaddini, Committee Coordinator, USDA, Mendocino National Forest, Grindstone Ranger District, P.O. Box 164, Elk Creek, CA 95939. (530) 968-1815; e-mail                         *ggaddini@fs.fed.us.*

# SUPPLEMENTARY INFORMATION:

The meeting is open to the public. Committee discussion is limited to Forest Service staff and Committee members. However, persons who wish to bring matters to the attention of the Committee may file written statements with the Committee staff before or after the meeting. Public input sessions will be provided and individuals who made written requests by February 25, 2005 will have the opportunity to address the committee at those sessions.

Dated: January 27, 2005.

James F. Giachino,

Designated Federal Official.

[FR Doc. 05-2034 Filed 2-2-05; 8:45 am]

BILLING CODE 3410-11-M
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