alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

July 8, 2008

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 07-12071

Non-Argument Calendar

________________________

D. C. Docket No. 07-00007-CR-3-LAC

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

versus 

OSCAR ARREGUIN-AGUILAR, 

a.k.a. Ermi Alejandro Pineda-Mondojano, 

a.k.a. Ermi Alejundro, 

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Northern District of Florida

_________________________

(July 8, 2008)

ON REMAND FROM THE 

SUPREME COURT OF THE UNITED STATES

Before TJOFLAT, ANDERSON and BARKETT, Circuit Judges.
2

PER CURIAM:

This case is on remand from the United States Supreme Court, ArreguinAguilar v. United States, ___ S. Ct. ___, 2008 WL 460875, 1 (2008), which

vacated our opinion Arreguin-Aguilar, 257 Fed. Appx. 152 (11th Cir. 2007) (per

curiam). In that opinion, we affirmed the sentencing decision of the United States

District Court for the Northern District of Florida to increase Arreguin’s base-level

offense by 16 levels on the ground that he was deported after being convicted of

carrying a concealed weapon, a crime which we determined to be a crime of

violence under the United States Sentencing Guidelines. To come to that

conclusion, we relied on a line of Eleventh Circuit cases interpreting U.S.S.G. §

4B1.1. See United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998); United

States v. Williams, 435 F.3d 1350, 1354 (11th Cir.2006). That section defines a

crime of violence one way. Arreguin, however, was sentenced under U.S.S.G. §

2L1.2(b)(1)(A)(ii), which defines a crime of violence in slightly different terms. 

When Arreguin petitioned the Supreme Court for a writ of certiorari, the

Solicitor General filed a brief arguing that § 2L1.2(b)(1)(A)(ii) differs materially

from § 4B1.1, and that the district court’s decision to increase the base level of his

offense by 16 levels was therefore a plain error. The Supreme Court vacated our
3

judgment affirming the district court and remanded the case “for consideration in

light of the position asserted by the Solicitor General in his brief for the United

States filed April 21, 2008.” Arreguin-Aguilar v. United States, ___ S. Ct. ___,

2008 WL 460875, 1 (2008). 

On June 5, 2008, Arreguin moved for expedited review of the issue because,

if the Solicitor General is correct, he may be due for release in a matter of days. 

We therefore GRANT his motion for expedited review, VACATE the

district court’s judgment, and REMAND for further consideration in light of the

Solicitor General’s brief.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 6586

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. ADRIAN LAMONT JETER, a/k/a Man , Defendant

- Appellant

.

Appeal from the United States District Court for the District of South Carolina , at Spartanburg

. Timothy M. Cain , District Judge. ( 7:03

- cr - 01094

- TMC

- 1; 7:16

- cv - 02242

- TMC )

Submitted : September 13, 2018 Decided: September 18, 2018

Before NIEMEYER and KING , Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by un published per curiam opinion

. Adrian Lamont Jeter, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Adrian Lamont Jeter seeks to appeal the district court’s order dismissing as untimely his 28 U.S

. C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certific ate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reaso nable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief o n procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Jeter has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the mat erials before this court and argument would not aid the decisional process.
DISMISSED
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 Autostrada Motors, Inc. (the "Registrant") on Form 10-QSB for the period ending September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Quarterly Report"), We, Douglas W. Fry, President and director and Travis T. Jenson, Secretary, Treasurer, CFO and director of the Registrant, 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 Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and result of operations of the Registrant. 

 

| *Date:*** | *10/17/06*** | * * | *By:***  | */s/Douglas W. Fry***                                        |
|-----------|--------------|----------|----------|--------------------------------------------------------------|
| * *  | * *     | * * | * * | *Douglas W. Fry, President and Director***                   |
| * *  | * *     | * * | * * | * *                                                     |
| *Date:*** | *10/17/06*** | * * | *By:***  | */s/Travis T. Jenson***                                      |
| * *  | * *     | * * | * * | *Travis T. Jenson, Secretary, Treasurer, CFO and Director*** |
Thorsten BLUMENSCHEIN v. Nicole BLUMENSCHEIN

No. 357P18

Supreme Court of North Carolina.

January 30, 2019

Jim Siemens, Attorney at Law, Asheville, Ana M. Prendergast, Attorney at Law, for Blumenschein, Thorsten.

Emily S. Dezio, Attorney at Law, for Blumenschein, Nicole.

***ORDER***

Upon consideration of the petition filed on the 22nd of October 2018 by Plaintiff 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 30th of January 2019."
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.                  

###### Environmental Protection Agency

          - 40 CFR Part 52 and 81
          - [R04-OAR-2005-KY-0001-200521(w); FRL-7985-9]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Withdrawal of direct final rule.

# SUMMARY:

Due to adverse comment, EPA is withdrawing the direct final rule published September 22, 2005, (70 FR 55550) approving the redesignation of the Clarksville-Hopkinsville 8-Hour Ozone Nonattainment Area to Attainment for Ozone. EPA stated in the direct final rule that if EPA received adverse comment by October 24, 2005, the rule would be withdrawn and not take effect. EPA subsequently received adverse comment. EPA will address the comment in a subsequent final action based upon the proposed action also published on September 22, 2005 (70 FR 55613). EPA will not institute a second comment period on this action.

# DATES:

The direct final rule is withdrawn as of October 21, 2005.

# FOR FURTHER INFORMATION CONTACT:

                        Stacy DiFrank, Air Planning Branch, U.S. Environmental Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms. DiFrank can be reached via phone at (404) 562-9042 or via electronic mail at                         *difrank.stacy@epa.gov*.                    

# List of Subjects in 40 CFR Part 52

        - Environmental protection
        - Air pollution control
        - Intergovernmental relations
        - Ozone
        - Reporting and recordkeeping requirements
        - Volatile organic compounds

Dated: October 4, 2005.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

                        Accordingly, the amendments to 40 CFR 52.919 and 52.920 (which published in the                         **Federal Register**                         on September 22, 2005, at 70 FR 55550) is withdrawn as of October 21, 2005.                    

[FR Doc. 05-20982 Filed 10-20-05; 8:45 am]

BILLING CODE 6560-50-P
Exhibit 32.1

CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as principal executive officer and interim principal financial officer of Xerium Technologies, Inc. (the Company), does hereby certify that, to his
knowledge:

1) the Companys Form 10-Q for the period ended March 31, 2009, 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 Companys Form 10-Q for the period ended March 31, 2009, fairly
presents, in all material respects, the financial condition and results of operations of the Company.



/s/ Stephen R. LightStephen R. LightPresident, Chief Executive Officer and Chairman(Principal Executive Officer, Interim Principal Financial Officer)


Dated: May 7, 2009
#### In the Matter of the Accounting of Thomas L. Feitner, as Executor of Louisa Varet, Deceased, Respondent. Elvina L. Varet et al., Appellants.

*Matter of Varet,*181 App. Div. 446, affirmed.

(Argued May 31, 1918;

decided June 14, 1918.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 1, 1918, which affirmed a decree of the New York County Surrogate's Court settling the accounts of Thomas L. Feitner as executor of Louisa Varet, deceased. Appellants contended that the decree was erroneous in failing to surcharge the executor with the losses sustained by the estate by reason of his failure to comply with the command of his testatrix and to dispose of certain assets of the estate as directed by the will and as required of him in the exercise of due prudence and diligence in the discharge of the duties of his office, and in allowing the executor credit for certain payments made to counsel for services not necessary for the protection of or beneficial to the estate but rendered wholly for the benefit of the executor personally, and in failing to surcharge the executor with the amount of such payments.

*George L. Ingraham*and *Carroll Berry*for appellants.

*Morgan J. O’Brien*and *Edwin C. Mulligan*for respondent.

Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Pound, Crane and Andrews, JJ. Not sitting: McLaughlin, J.
Exhibit 31.1



I, Steven R. Lewis, President and Chief Executive Officer, certify that:



1. I have reviewed this annual report on Form 10-K of First Place Financial Corp.;



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(s) 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 (the registrants fourth fiscal quarter in the case of an annual report) 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(s) 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 the 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: September 10, 2004



|                                     
|-------------------------------------
|/S/    STEVEN R.
LEWIS               
|Steven R. Lewis                      
|President and Chief Executive Officer
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 Transportation

###### Maritime Administration 

          - 46 CFR Part 389 
          - [Docket No. MARAD-2005-22050] 
          - RIN 2133-AB67 

# AGENCY:

Maritime Administration, Department of Transportation. 

# ACTION:

Notice of reopening and extension of comment period. 

# SUMMARY:

The Maritime Administration is hereby giving notice that the closing date for filing comments on the Determination of Availability of Coastwise-Qualified Launch Barges Notice of Proposed Rulemaking (NPRM) (Docket No. MARAD 2005-22050) has been extended to the close of business (5 p.m. EST) on December 13, 2005. 

# DATES:

                        The comment date of the NPRM published in the                         **Federal Register**                         on August 15, 2005 (70 FR 47771) is extended from October 14, 2005, to December 13, 2005.                       

(Authority: 49 CFR 1.66) 

Dated: October 12, 2005.

By order of the Maritime Administrator. 

Joel C. Richard, 

Secretary, Maritime Administration. 

[FR Doc. 05-20700 Filed 10-18-05; 8:45 am] 

BILLING CODE 4910-81-P
Exhibit 32.2

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

In
connection with the Quarterly Report of U.S. Precious Metals, Inc. (the Company),
on Form 10-Q for the fiscal quarter ended August 31, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the Report),
I, Jesus Oliveras, Principal Financial Officer of the Company, 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 and belief:

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.

|                               | 
|------------------------------ | 
|/s/
 Jesus Oliveras            | 
|                               | 
|Jesus
 Oliveras                | 
|Chief
 Financial Officer       | 
|(Principal
 Financial Officer) | 
|Ocotber
 15, 2009              | 

---
MOTION TO PERMIT LATE FILING OF APPELLANT ’ S PETITION FOR DISCRETIONARY REVIEW Page

1 IN THE COURT OF CRIMINAL APPEALS OF TEXAS

JEFFERY TYRONE WHITFIELD, APPLICANT

VS.

THE STATE OF TEXAS

FROM THE SEVENTH COURT OF APPEALS

AMARILLO, TEXAS

NO. 07-14-00086-CR

APPEALED FROM COUNTY CRIMINAL COURT ONE

DENTON COUNTY, TEXAS

(TRIAL NUMBER 2013-04378-A)

MOTION TO PERMIT LATE FILING OF APPELLANT’S

PETITION FOR DISCRETIONARY REVIEW

This motion is brought by JEFFERY TYRONE WHITFIELD , Appellant, and requests that this Court grant this late filing of Appellant’s Petition for Discretionary Review (“PDR”) and in support of which would show the following:

I.

Appellant’s PDR was due on May 11. 2015. The PDR is complete and has been filed on this date, May 12, 2015, with the Court of Criminal Appeals.

II.

The due date was erroneously scheduled on th e undersigned’s calendar as due May 12, 2015, when in fact it was due May 11, 2015.

WHEREFORE, PREMISES CONSIDERED, Appellant, JEFFERY TYRONE WHITFIELD

, prays this Court will grant permission to file said PDR.

Respectfully submitted,MOTION TO PERMIT LATE FILING OF APPELLANT ’ S PETITION FOR DISCRETIONARY REVIEW Page

2 /s/ Abe Factor

Abe Factor

State Bar No. 06768500 Attorney for Appellant

FACTOR , CAMPBELL & COLLINS 5719 Airport Freeway Fort Worth, TX 76117 (817) 222-3333 (817) 222-3330 (fax) lawfactor@yahoo.com

CERTIFICATE OF SERVICE

I, ABE FACTOR, do hereby certify that a true and correct copy of the foregoing MOTION TO

PERMIT LATE FILING OF APPELLANT’S PETITI ON FOR DISCRETIONARY REVIEW has been efiled to the Denton County District Attorney’s offi ce, Appellate Section, and the State Prosecutor11 on this the 12th day of May, 2015.

/s/ Abe Factor

Abe Factor
<PAGE>

                                                                    EXHIBIT 23.1
CONSENT OF ERNST & YOUNG AB

     We consent to the incorporation by reference in the Registration Statements
on Form S-8 (File No. 333-31076) and Form S-3 (File No. 333-40936) of Private
Media Group, Inc. of our report dated April 11, 2002, with respect to the
consolidated financial statements of Private Media Group, Inc. included in this
Annual Report (Form 10-K) as of December 31, 2001 and for each of the three
years in the period ended December 31, 2001.


Stockholm, Sweden
April 15, 2002

Ernst & Young AB

/s/ Tom Bjorklund
ex10x2.htm


Exhibit 10.2


 



HALLMARK VENTURE GROUP, INC.


18482 Park Villa Place


Villa Park, California 92861


(714) 538-5214       FAX (714) 538-3146


Cashmanrob@aol.com






















April 20, 2013












NOTE







 


    This Agreement made on the 20th day of April 2013, between Hallmark Venture Group, Inc. and Sports Stix Inc.







    Hallmark Venture Group Inc. agrees to loan monies to Sport Stix Inc.  from time to time on an open account basis. The money advances will be at no interest and may be repaid from time to time as funds  from the company are available.


 



	 	 
 


Hallmark Venture Group, Inc.







By  /s/Robert L. Cashman







 


Sport Stix Inc.







By /s/  Charles Todd
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.                  

###### Commodity Futures Trading Commission

# TIME AND DATE:

11 a.m., Thursday, November 10, 2005.

# PLACE:

1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room.

# STATUS:

Closed.

# MATTERS TO BE CONSIDERED:

Surveillance Matters.

# CONTACT PERSON FOR MORE INFORMATION:

Jean A. Webb, (202) 418-5100.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 05-20877 Filed 10-14-05; 9:44 am]

BILLING CODE 6351-01-M
<PAGE>
                                                       EXHIBIT 23


Moss Adams LLP
Certified Public Accountants            4650 S.W. Macadam, Suite 300
                                        P.O. Box 69509
                                        Portland, OR  97201

                                        Phone  503.295.1288
                                        Fax  503.295.1299

                                        Offices in Principal Cities of
                                        Washington, Oregon and California



We  hereby  consent to the use of our report dated September 15, 1999,  on  the
financial statements of Credit Concepts, Inc. in the Annual Report on Form  10-
KSB (File No. 333-66853).

MOSS ADAMS LLP

/s/ Moss Adams LLP

Portland, Oregon
October 28, 1999