alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Jesus Guillermo LONGORIA-AYALA, Defendant-Appellant.

No. 04-50914.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided April 20, 2005.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch, Federal Public Defender’s Office Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before SMITH, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Jesus Guillermo Longoria-Ayala raises arguments that are foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Exhibit 31.2

**CERTIFICATIONS**

I, Mark Buckrey, certify that: 

1.

I have reviewed this Form 10-KSB of Sterion Incorporated;

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:  December 29, 2003 

/s/  Mark Buckrey
Exhibit 31(a)

                                  CERTIFICATION

I, Robert Chestnov, certify that:

1.   I have reviewed this Quarterly Report on Form 10-Q of Jaclyn, Inc.;

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: November 12, 2004

/s/ Robert Chestnov
----------------------------------------
Robert Chestnov, President and Principal
Executive Officer

                                       25
HORACE YOUNG

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 16

- 2495

_____________ ________________/

Opinion filed September 22, 2016.

An appeal from an order of the Circuit Court for Santa Rosa County

. Ross M. Goodman , Judge

.

Horace Young, pro se

, Appellant.

Pamela Jo Bondi, Attorney General, and Michael Schaub, Assistant Attorney

G eneral, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

B.L. THOMAS, RAY, and OSTERHAUS, JJ., CONCUR.
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 20-2638

___________________________

Minor Lee McNeil

lllllllllllllllllllllPlaintiff - Appellant

v.

United States of America; Department of Treasury

lllllllllllllllllllllDefendants - Appellees

 ____________

Appeal from United States District Court 

for the Eastern District of Arkansas - Central

 ____________

 Submitted: February 19, 2021

Filed: March 2, 2021

[Unpublished]

____________

Before LOKEN, COLLOTON, and KOBES, Circuit Judges. 

____________

PER CURIAM.

Minor McNeil appeals the district court’s1 dismissal of his complaint regarding

the issuance of a summons to determine his federal income tax liability and the

1The Honorable James M. Moody Jr., United States District Judge for the

Eastern District of Arkansas.
garnishing of his wages to pay past-due taxes. He argues that federal taxation of his

wages is unconstitutional and he is a citizen of a “sovereign” state.

The district court determined that McNeil had not identified any applicable

waiver of sovereign immunity or any basis for the court’s jurisdiction over his claims. 

After careful review, we conclude that dismissal was proper for the reasons stated by

the district court. See Hastings v. Wilson, 516 F.3d 1055, 1058 (8th Cir. 2008)

(standard of review).

As to the government’s motion for sanctions, we may award “just damages”

and single or double costs if we determine that an appeal is frivolous. See 28 U.S.C.

§ 1912; Fed. R. App. P. 38. In this case, we conclude that sanctions are appropriate. 

See United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir. 1993) (per curiam)

(rejecting argument that “Free Citizens of the Republic of Minnesota” were not

subject to taxation; granting government’s motion for sanctions for frivolous appeal).

Accordingly, we affirm the judgment of the district court, see 8th Cir. R. 47B,

and we grant the government’s motion for sanctions in the amount of $8,000. We

also deny McNeil’s motion for remand.

______________________________

-2-
<TABLE> <S> <C>

<ARTICLE> 5

<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S FORM 10-Q FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
INCLUDED IN SUCH REPORT.
</LEGEND>

<CIK>   0000053568
<NAME>  JMB INCOME PROPERTIES, LTD. - IV

       
<S>                   <C>
<PERIOD-TYPE>         9-MOS
<FISCAL-YEAR-END>     DEC-31-1996
<PERIOD-END>          SEP-30-1996

<CASH>                        4,125,071 
<SECURITIES>                       0    
<RECEIVABLES>                   676,316 
<ALLOWANCES>                       0    
<INVENTORY>                        0    
<CURRENT-ASSETS>              4,801,387 
<PP&E>                       16,407,029 
<DEPRECIATION>               11,195,139 
<TOTAL-ASSETS>               10,346,994 
<CURRENT-LIABILITIES>           703,307 
<BONDS>                       2,493,814 
<COMMON>                           0    
<PREFERRED-MANDATORY>              0    
<PREFERRED>                        0    
<OTHER-SE>                    5,244,310 
<TOTAL-LIABILITY-AND-EQUITY> 10,346,994 
<SALES>                       2,992,069 
<TOTAL-REVENUES>              3,184,174 
<CGS>                              0    
<TOTAL-COSTS>                 1,522,273 
<OTHER-EXPENSES>                110,329 
<LOSS-PROVISION>                   0    
<INTEREST-EXPENSE>              231,120 
<INCOME-PRETAX>               1,320,452 
<INCOME-TAX>                       0    
<INCOME-CONTINUING>             853,385 
<DISCONTINUED>                     0    
<EXTRAORDINARY>                    0    
<CHANGES>                          0    
<NET-INCOME>                    853,385 
<EPS-PRIMARY>                     41.81 
<EPS-DILUTED>                     41.81 
        


</TABLE>
#### STATE v. PERRY

No. 55 PC.

Case below: 19 N.C. App. 449.

Petition for writ of certiorari to North Carolina Court of Appeals denied 1 November 1973.
#### HALLAN v. HALLAN

No. 574P82.

Case below: 58 N.C. App. 820.

Petition by defendant for discretionary review under G.S. 7A-31 denied 7 December 1982.
Exhibit 32.2


CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002





In
connection with the Quarterly Report of the X-Change Corporation (the “Company”)
on Form 10-Q for the period ending September 30, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Chief
Executive 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 result of operations of the
      Company.





/s/ Wm
      Chris MathersWm
      Chris MathersChief Financial
      Officer





November
12, 2008





A signed
original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
The foregoing certifications are accompanying the Company’s Form 10-Q solely
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) and is not being filed as part of the Form 10-Q or as a separate
disclosure document.
EXHIBIT 32B
 
 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 AutoInfo, Inc. (the "Company") on Form 10-K for the fiscal year ended December 31, 2009 as filed with the Securities and Exchange Commission (“SEC”) on the date hereof (the "Report"), I, William I. Wunderlich, 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:
  (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 the Company.
  A signed original of this written statement has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.
 
 Dated: March 29, 2010
 
 /s/ William I. Wunderlich
 William I. Wunderlich
 Chief Financial Officer
 (Principal Financial Officer)
U.S. Department of Labor Employment Standards Administration 

 Office of Workers’ Compensation Programs

 Division of Longshore and 

 Harbor Workers’ Compensation 

 Washington, D.C. 20210

Working for America’s Workforce 

January 23, 2004 

Notice No. 115 

NOTICE TO INSURANCE CARRIERS AND SELF-INSURED EMPLOYERS UNDER 

THE LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT, AND OTHER 

INTERESTED PERSONS 

SUBJECT: Consolidation of the Longshore Program in the 

 Chicago Region of the Office of Workers’ 

Compensation Programs (OWCP) 

Effective April 1, 2004, the operation of the Longshore Program 

in the Chicago Region of the OWCP will be restructured. The 

Longshore Tenth Compensation District, with the district office 

located in Chicago, Illinois, will be consolidated into the 

Longshore Eighth Compensation District, with the district office 

located in Houston, Texas. This restructuring is made in 

accordance with 20 CFR § 702.102(a)(see 60 FR 51348 dated 

October 2, 1995), and will result in a more efficient allocation 

of limited resources within the Longshore Program. 

Effective with this change, the Longshore Eighth Compensation 

District Office in Houston has jurisdiction over past and future 

cases under the Longshore and Harbor Workers’ Compensation Act 

and its extensions arising in the States of Minnesota, 

Wisconsin, Michigan, Ohio, Indiana, Illinois, Iowa, Missouri, 

Kansas, and Nebraska. Therefore, all forms, documents, and 

correspondence concerning these cases should be addressed to: 

 Chris Gleasman 

 District Director, 

 Eighth Compensation District, 

 OWCP/DLHWC 

 U.S. Department of Labor, ESA 

 8866 Gulf Freeway, Suite 140 

 Houston, TX 77017 

 Telephone: (713) 943-1605 
All questions concerning the processing of claims under this 

restructuring should be directed to OWCP Regional Director 

E. Martin Walker at (972) 850-2410. 

MICHAEL NISS 

Director, Division of 

Longshore and Harbor 

Workers’ Compensation
EXHIBIT 32A


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 AutoInfo, Inc. (the “Company”) on Form 10-K for the fiscal year ended December 31, 2009 as filed with the Securities and Exchange Commission (“SEC”) on the date hereof (the "Report"), I, Harry M. Wachtel, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:
  (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 the Company.
  A signed original of this written statement has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.
 
 Dated: March 29, 2010
 
 /s/ Harry M. Wachtel
 Harry M. Wachtel
 President and Chief Executive Officer
 (Principal Executive Officer)
<PAGE>
                                                                    EXHIBIT 23.1


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

Intelligent Systems Corporation
Norcross, GA

We hereby consent to the incorporation by reference in the registration
statements (Form S-8 No. 333-58134, No. 333-32157 and No. 33-99432) of our
report dated February 24, 2003, relating to the consolidated financial
statements and schedule of Intelligent Systems Corporation and Subsidiaries
appearing in the company's annual report on Form 10-K for the year ended
December 31, 2002.


/s/ BDO Seidman, LLP

BDO Seidman, LLP


Atlanta, Georgia
March 28, 2003
New Jersey Department of Labor, Workmen’s Compensation Bureau.

#### JOHN H. MANDY, PETITIONER, v. FEDERAL SHIPBUILDING AND DRY DOCK COMPANY, RESPONDENT.

For the petitioner, *Herman M. Wilson.*

For the respondent, *Lindabury, Hepue & Faulks (William L. Dill, Jr.,*of counsel).

This matter being opened to the court by William L. Dill, Jr., of Messrs. Lindabury, Depue & Faulks, attorneys of the respondent, in the presence of Herman M. Wilson, attorney for the petitioner, and it appearing by a petition filed November 6th, 1931, that the petitioner seeks to recover compensation for disability which he alleges has resulted from injuries sustained in an accident with which he met on May 2d, 1930, while in the employ of the respondent; and it further appearing that on June 27th, 1930, the petitioner filed a petition in this bureau to recover compensation to which he alleged he was entitled for injuries alleged to have been sustained by him in an accident with which he met on May 2d, 1930, while in the employ of the respondent, to which petition the respondent filed an answer in which it denied that the petitioner had any permanent disability whatsoever which resulted from the alleged accident; and it further appearing that the parties by their respective attorneys effected a settlement of the petitioner’s claim by the terms of which settlement respondent agreed to pay to the petitioner and the petitioner agreed to accept certain compensation as set forth in the compromise agreement signed by the parties *945hereto dated October 4th, 1930, which agreement is on file in this bureau; and said compromise agreement further provided that the compensation therein agreed to be paid and accepted was in full and final settlement of any and all claims which the petitioner had, claimed to have, or might claim to have, on account of the injuries alleged to have been sustained by him as a result of the accident aforesaid, and that the agreement could not be opened or reviewed by either party on account of any subsequent increase or decrease of disability; and it further appearing that the petitioner signified under oath that he fully understood the terms of said agreement and that he was satisfied therewith, said agreement was then approved by Charles E. Corbin, deputy commissioner of labor.

And it further appearing that the respondent has made all of the payments which it agreed to make, and the court having heard the argument of counsel and being of the opinion that this bureau is without jurisdiction in this matter and that the petitioner is barred from securing any further compensation for an alleged increased disability, alleged to have resulted from the accident with which he met on May 2d, 1930, while in the employ of the respondent.

It is therefore ordered that the petition filed in this matter be and the same is hereby dismissed.

Charles E. Corbin, *Deputy Commissioner.*
Case 1:07-cv-03350-SAS Document 4-2 Filed 05/14/2007 Page 1 of 3
Case 1:07-cv-03350-SAS Document 4-2 Filed 05/14/2007 Page 2 of 3
Case 1:07-cv-03350-SAS Document 4-2 Filed 05/14/2007 Page 3 of 3
#### STATE v. McKINNEY

No. 50 PC.

Case below: 19 N.C. App. 249.

Petition for writ of certiorari to North Carolina Court of Appeals denied 1 November 1973.