alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-20305 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus SAUL OYOQUE-GONZALEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas

USDC No. H-00-CR-639

-------------------- February 11, 2002 Before DeMOSS, PARKER and DENNIS, Circuit Judges.
PER CURIAM: * Court-appointed counsel for Saul Oyoque-Gonzalez, has requested leave to withdraw as counsel and has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). OyoqueGonzalez filed a response advancing three issues, and a request to proceed pro se on appeal. First, he argues that the district court erred in treating his deferred adjudication as a felony conviction. This court rejected such an argument in Valdez v. Valdez , 143 F.3d 196, 197 (5th Cir. 1998). Second, he maintains his counsel was ineffective for failing to raise an allegedNo. 01-20305 -2- Apprendi v. New Jersey , 530 U.S. 466 (2000), argument. Generally, this court declines to review ineffective assistance of counsel claims on direct appeal unless they are sufficiently alleged in the record below. United States v. Gibson , 55 F.3d 173, 179 (5th Cir. 1995). In Gonzalez’s case, no claims of ineffective assistance exist in the record. In any event, this argument fails, because the district court sentenced Gonzalez well within the guideline range. Finally, Gonzalez relies on United States v. Rodriguez-Montelongo , 263 F.3d 429, 431 (5th Cir. 2001), decided after his trial, for the proposition that he should be allowed to argue for downward departure on the basis of cultural assimilation. Because he raised this issue for the first time on appeal, we review this argument under a plain error standard. United States v. Rios-Quinteros , 204 F.3d 214, 215 (5th Cir. 2000)(reviewing for plain error even though case on which defendant relies was decided after trial). Our independent review of his letter-response and the PSR fail to demonstrate facts to overcome the plain error standard. A review of the guilty plea and sentencing discloses no nonfrivolous issue. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities, and the appeal is DISMISSED. Gonzalez’s motion to proceed pro se on appeal is DENIED. See United States v. Wagner , 158 F.3d 901, 902-03 (5th Cir. 1998).
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

JAMES WYMER,

Plaintiff,

v. CASE NO. 4:11-cv-00174-MP-WCS

IRENE HUMPHEY,

Defendant.

_____________________________/

O R D E R

This matter is before the Court on Doc. 6, Report and Recommendation of the Magistrate

Judge, which recommends that this case be dismissed without prejudice for failure to follow the

orders of the Court. The Magistrate Judge filed the Report on June 28, 2011. Plaintiff has filed

no objection, and the time to do so has passed. Upon consideration, the Court agrees with the

Magistrate Judge that the case should be dismissed. Accordingly, it is hereby

ORDERED AND ADJUDGED:

The Report and Recommendation of the Magistrate Judge (Doc. 6) is ACCEPTED and

incorporated herein, and this case is DISMISSED without prejudice.

 DONE AND ORDERED this 27th day of July, 2011

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case 4:11-cv-00174-MP-WCS Document 7 Filed 07/27/11 Page 1 of 1
Exhibit 23.11

ISONICS CORPORATION

Certification
pursuant to 18 U.S.C. 1350

The
annual report on Form 10-KSB for the year ended April 30, 2002, containing financial statements for the year then ended, fully complies with the requirements of Section
13(a) of the Securities Act of 1934, and the information contained in the Form 10-KSB fairly presents, in all material respects, the financial condition and results of operations of Isonics
Corporation for the periods presented.

|August 5, 2002                              |  |                                    
|------------------------------------------- |  | -----------------------------------
|/s/ James E. Alexander                      |  | /s/ John Sakys                     
|James E. Alexander, Chief Executive Officer |  | John Sakys, Chief Financial Officer

---

QuickLinks
Exhibit 10.10


 


Purchase Agreement


 


	Supplier:	Shukui Wang	Contract No.	 
	Purchaser:	Harbin Humankind Biology	Date:	January  1, 2014
	 	Technology  Co. Limited	 	 
	Fax:	0451-82635173	 	 


 


This purchase Agreement (the “Agreement”) was negotiated
and entered by Shukui Wang (the “Supplier”) and Harbin Humankind Biology Technology Co. Limited (the “Purchaser”).


 


Article I Products


 


Products include Forest Frog Oil, Soy Isoflavones, seabuckthorm
seed oil, Propolis, Grape Seeds Extract, deer blood, etc.


The price shall be set according to current market price.


 


Article II Quality control


 


Supplier shall be responsible for the quality of products.


 


Article III Packaging requirement


 


Fluid products shall be delivered in barrels.


Solid products shall be delivered in foil packages.


 


Article IV Delivery, Transportation and Expense


 


Purchaser shall place purchase orders monthly. Supplier shall
deliver the products no later than 3 business days after receiving a purchase order to the place Purchaser assigned and afford
the transportation expenses.


 


Article V Payment Method


 


Purchaser shall remit payment to supplier’s account no
later than 3 business days after receiving products.


 


Article V Others


 


Disputes shall be solved according to “Contract Law of
the People’s Republic of China”.


After the Agreement is signed by legal representatives or authorized
representatives and stamped, the Agreement becomes effective since the signing date. The Agreement shall remain in effect for one
(1) year from its effective date.


Facsimiles of the Agreement shall be deemed as original copies
with the same legal effect.


 


Supplier: Shukui Wang


Signature: /s/ Shukui Wang


 


Purchaser: Harbin Humankind Biology Technology Co. Limited


Corporate Seal: Corporate Seal Affixed
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40180 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUAN JAIME GONZALEZ HUITRON, also known as Jaime Espinoza Guiterrez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:00-CR-91-ALL

-------------------- October 29, 2001 Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM: * Juan Jaime Gonzalez Huitron appeals the 57-month sentence imposed following his plea of guilty to a charge of being found in the United States after deportation, a violation of 8 U.S.C. § 1326. He contends that the felony conviction that resulted in his increased sentence under 8 U.S.C. § 1326(b)(2) was an element of the offense that should have been charged in the indictment. Huitron acknowledges that his argument is foreclosed by the Supreme Court’s decision in Almendarez-Torres v. United States ,No. 01-40180 -2- 523 U.S. 224 (1998), but he seeks to preserve the issue for Supreme Court review in light of the decision in Apprendi v. New Jersey , 530 U.S. 466 (2000). Apprendi did not overrule Almendarez-Torres

. See Apprendi , 530 U.S. at 489-90 ; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000), cert. denied , 121 S. Ct. 1214 (2001). Huitron’s argument is foreclosed. The judgment of the district court is
AFFIRMED.
ADAPTIVE
MEDIAS, INC.



Exhibit
32.2



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 (subsections (a) and (b) of Section 1350, chapter 63 of Title 18, United States
Code), the undersigned officer of Adaptive Medias, Inc. (the “Company”), does hereby certify with respect to the Quarterly
Report of the Company on Form 10-Q for the period ended March 31, 2016 as filed with the Securities and Exchange Commission on
the date hereof (the “Report”), to the best of the undersigned’s knowledge 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.



|Date:
    May 23, 2016 | /s/
    Omar Akram               
|---------------------- | ---------------------------------
|                       | Omar
    Akram                   
|                       | Chief
    Financial Officer      
|                       | (Principal
    Financial Officer)
# C_2011236EN.01000802.xml

| 12.8.2011 | EN | Official Journal of the European Union | C 236/8 |
| --- | --- | --- | --- |

12.8.2011

EN

Official Journal of the European Union

C 236/8

---

Non-opposition to a notified concentration

(Case COMP/M.6288 — Blackstone/Stargazer)

(Text with EEA relevance)

2011/C 236/07

On 26 July 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6288. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6288. EUR-Lex is the on-line access to the European law.

---
EXHIBIT 31.2  CERTIFICATION OF CHIEF FINANCIAL OFFICER  I, Olga Malitski, certify that:  1.   I have reviewed this report on Form 10-Q of Nature of Beauty Ltd.  2.   based on my knowledge, this report does not contain any untrue statement of a material fact 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 period 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) and15d-15(e)) for the registrant and have:  a.   designed such disclosure controls and procedures 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.   designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under my 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 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 d.   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.   I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):  a.   all significant deficiencies and material weakness 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.  IN WITNESS WHEREOF, the undersigned has executed this certification as of the 13th day of July, 2009.   /s/ Olga Malitski _________________________________ Name:  Olga Malitski Title: Chief Financial 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.                  

###### Commodity Futures Trading Commission

# Time and Date:

11 a.m., Friday, February 29, 2008. 

# 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:

Sauntia S. Warfield, 202-418-5084. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 08-196 Filed 1-16-08; 10:06 am] 

BILLING CODE 6351-01-P
**Exhibit 10.8.1**

 

**AMENDMENTONE**

**TO**

**EMPLOYMENTAGREEMENT**

 

This Amendment One to the EmploymentAgreement (“**First****Amendment**”) is made as of the 4th day of November, 2004between VIRGINIA HONEY COMPANY, INC., a Virginia corporation (the “**Company**”) and TERRY W. HESS (the “**Employee**”).

 

**RECITALS**

 

1.                                       TheCompany and Employee entered into an Employment Agreement on July 1, 2001(“**Employment Agreement**”) whereby theCompany hired the Employee to serve as an executive officer of the Company.

 

2.                                       TheCompany and Employee desire to amend the Employment Agreement extending theterm of the Employment Agreement.

 

**CLAUSES**

 

NOW, THEREFORE, for and in consideration ofthe above premises and mutual agreements hereinafter set forth, the Employeeand the Company agree as follows:

 

1.                                       **Capitalized Terms**.  Capitalized terms not otherwise definedherein shall have the meanings as set forth in the Employment Agreement.

 

2.                                       **Term**.  Section 3 of the Employment Agreement ishereby deleted and replaced by the following new Section 3:

 

“3.                                 **TERM**.  The term ofTerry’s employment under this Agreement shall be for the period commencing fromthe Closing Date and continuing through December 31, 2007, subject toearly termination as set forth herewith (the **“Term”**).”

 

3.                                       **Ratification**.  In all other respects, the EmploymentAgreement, as amended by this First Amendment, is hereby ratified andconfirmed.

 

----

 

IN WITNESS WHEREOF, Employee and the Companyhave executed and delivered this First Amendment as of the date first shownabove.

 

 
| EMPLOYEE:      | COMPANY:                      |
|----------------|-------------------------------|
|           |                          |
| TERRY W.  HESS | VIRGINIA  HONEY COMPANY, INC. |
|           |                          |
|           |                          |
|           |                          | By: |   |   |
|           |                          |
|           | Title:                        |   |   |
|           |                          |
|           |                          |   | Address: | 2222 West  Lake Street |
|           |                          | Chicago,  Illinois  60612 |
|           |                          |   |
|           |                          |   |   |   |
|                |                               |  |  |  |  |  |  |  |  |  |  |

 

----
GLOBAL DISTRIBUTION AGREEMENT





This distribution agreement is entered into by and between Coffee Solutions Limited (CSL) of 3 Lyndhurst Road, Kingston 5, Jamaica WI, and Estate Coffee Holdings Corp. (ECH) 565 Silvertip Rd., Canmore AB Canada T1W 3K8 and shall be effective for two years ending January 31, 2010.   This distribution agreement is for the purpose of marketing and distribution of CSL roasted Jamaica Blue Mountain Coffee.





CSL represents the following:


CSL owns Ridgeline 100% Jamaica Blue Mountain Coffee registered trade name


Grants ECH non exclusive global marketing rights of trade names owned and controlled by CSL


To make timely delivery of roasted coffee for export


To maintain a high quality standard for all coffees


To provide competitive wholesale pricing of coffees


To provide material for promotion of registered brands as they see fit





ECH represents the following:


It is a company organized and in good standing in the United States of America


Has marketing expertise and ability to market roasted coffee products


Will pay for all orders in advance of shipping


Will collaborate with CSL to expand brands





It is mutually agreed as follows:


This agreement is for a period of two years


Neither party can be held liable for financial obligations; or liable for the actions of the other party.


Both parties will maintain highest regard for each other and will not undertake any actions that may tarnish the reputation of the other.


Any disputes that cannot be settled through dialogue will be settled using a mutually agreeable independent arbitrator.





Coffee Solutions Ltd.





/s/ Basil Jones                                                      29/01/10                                /s/C.Renfold


Date                                Witness





Estate Coffee Holdings Corp.





/s/ D. Wehrhahn                                                Jan 29, 2010                            /s/Chris Yee




1
463 A.2d 33

#### Commonwealth v. Ponds, Appellant.

Petition for Allowance of Appeal Denied Oct. 6, 1983.

Argued March 2, 1983.

Leslie J. Carson, Jr., for appellant; Steven J. Cooperstein, Assistant District Attorney, for Commonwealth, appellee.

Before CERCONE, P.J., CAVANAUGH and WIEAND, JJ.

The order of the lower court is affirmed.

CAVANAUGH, J., filed a memorandum dissenting opinion.
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

SHARON FUENTES,

Plaintiff,

v. CASE NO: 3:10cv232/RV/EMT

 

CONTINENTAL AMERICAN INSURANCE

COMPANY, et al.,

Defendants.

rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrB

ORDER OF DISMISSAL

Upon consideration of the plaintiff’s notice of voluntary dismissal pursuant to Rule

41, Federal Rules of Civil Procedure, the claims against defendant Metropolitan Life

Insurance Company are DISMISSED, without prejudice and without taxation of costs.

DONE AND ORDERED this 13th day of October, 2010.

/s/ Roger Vinson 

ROGER VINSON

Senior United States District Judge
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 Monarch Services, Inc. (the
"Company") on Form 10-QSB for the quarter ending July 31, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Jackson Y. Dott, the Chief Executive Officer of the Company, certify, pursuant
to and for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

     (1) The Report fully complies with the requirements of Sections 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/   Jackson Y. Dott
-------------------------------
Jackson Y. Dott
Chief Executive Officer
September 15, 2003
Fourth Court of Appeals

San Antonio, Texas

March 6, 2019

No. 04-18-00980-CV

IN RE Crystal Gayle CALDWELL-BAYS

Original Habeas Proceeding1

ORDER

On December 21, 2018, relator filed a petition for writ of habeas corpus. The real party in 

interest filed a response, to which relator replied. After considering the petition, response, and 

reply, we DENY the petition. However, we (a) STRIKE that portion of the trial court’s “Order 

Holding [relator] in Contempt, Granting Judgment, and for Commitment to County Jail” that 

orders relator to obtain a release of “all other liens on 160 Cherry Bluff Ridge N., Comfort, Texas 

78016 and 916 Lytle Street, Kerrville, Kerr County. Texas 78028” and (b) STRIKE section II of 

the “Order Holding [relator] in Contempt, Granting Judgment, and for Commitment to County 

Jail”, which finds “Violations 3 and 4.” 

We VACATE our December 21, 2018 Order releasing relator on bond and REMAND

relator back to the custody of the Kendall County, Texas county jail. 

It is so ORDERED on March 6, 2019.

_____________________________

Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 6th day of March, 2019.

_____________________________

Keith E. Hottle, Clerk of Court

 1 This proceeding arises out of Cause No. 16-237CCL, styled In the Matter of the Marriage of Crystal Gayle CaldwellBays and Marvin Bays and In the Interest of B.J.B., B.B.B., J.C.B., and M.B.B., Children, pending in the 451st Judicial 

District Court, Kendall County, Texas, the Honorable Michael P. Peden presiding.
Order entered May 15, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-17-00973-CV

RIGGS & RAY, P.C., Appellant

V.

STATE FAIR OF TEXAS, Appellee

On Appeal from the 116th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-16-16070

ORDER

The Motion of State Fair of Texas to Order an Equal Division of the Rejoinder Time 

During May 14, 2019 Oral Argument is DENIED as moot.

/s/ BILL WHITEHILL

PRESIDING JUSTICE