alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

February 7, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40502

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LUIS MANUEL PEREZ-OLIVEROS, also known as Luis Manuel

Perez-Olivares, 

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Southern District of Texas 

USDC No. 7:05-CR-857-ALL

--------------------

Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Luis Manuel

Perez-Oliveros raises arguments that are foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998),

which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and

not a separate criminal offense. The Government’s motion for

summary affirmance is GRANTED, and the judgment of the district

court is AFFIRMED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNITEL
VIDEO, INC.'S FORM 10Q FOR THE QUARTERLY PERIOD ENDED NOVEMBER 30, 1995 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
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<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          AUG-31-1996
<PERIOD-START>                             SEP-01-1995
<PERIOD-END>                               NOV-30-1995
<CASH>                                             336
<SECURITIES>                                         0
<RECEIVABLES>                                   13,710
<ALLOWANCES>                                       677
<INVENTORY>                                          0
<CURRENT-ASSETS>                                15,942
<PP&E>                                          94,936
<DEPRECIATION>                                  61,687
<TOTAL-ASSETS>                                  72,708
<CURRENT-LIABILITIES>                           18,726
<BONDS>                                         28,855
<PREFERRED-MANDATORY>                                0
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<COMMON>                                            26
<OTHER-SE>                                      23,078
<TOTAL-LIABILITY-AND-EQUITY>                    72,708
<SALES>                                         22,940
<TOTAL-REVENUES>                                22,940
<CGS>                                           17,135
<TOTAL-COSTS>                                   17,135
<OTHER-EXPENSES>                                 3,867
<LOSS-PROVISION>                                   106
<INTEREST-EXPENSE>                                 848
<INCOME-PRETAX>                                    984
<INCOME-TAX>                                       462
<INCOME-CONTINUING>                                522
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<EPS-PRIMARY>                                      .20
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</TABLE>
<PAGE>

                                                                    EXHIBIT 32.2

                         CERTIFICATION OF ANNUAL REPORT

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, the undersigned officer of Renaissance Learning, Inc. (the
"Company"), hereby certifies that, to the undersigned's knowledge:

     (1)  the Company's Annual Report on Form 10-K/A for the year ended December
          31, 2006 (the "Report") fully complies with the requirements of
          Section 13(a) or 15(d), as applicable, 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.

Dated: August 8, 2007


                                        /s/ Mary T. Minch
                                        ----------------------------------------
                                        Name: Mary T. Minch
                                        Title: Senior Vice President-Finance,
                                        Chief Financial Officer and Secretary

THIS WRITTEN STATEMENT ACCOMPANIES THIS REPORT PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002 AND SHALL NOT BE DEEMED TO BE FILED BY THE COMPANY
FOR PURPOSES OF THE SECURITES EXCHANGE ACT OF 1934.
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.                  

###### Federal Reserve System

                    The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage                     *de novo*, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States.                

                    Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be                           ( print page 24702)                        obtained from the National Information Center website at                     *www.ffiec.gov/​nic/​*.                

Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than May 18, 2010.

**A. Federal Reserve Bank of Dallas**                     (E. Ann Worthy, Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:                

*1. TLCM Holdings, LLC, Richardson, Texas, and EJ Financial Corporation, Dallas, Texas;*                     to engage de novo in extending credit and servicing loans pursuant to Section 225.28(b)(1) of Regulation Y.                

**

Board of Governors of the Federal Reserve System, April 30, 2010.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 2010-10510 Filed 5-4-10; 8:45 am]

BILLING CODE 6210-01-S
**Exhibit 23.2**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the following Registration Statements: 

 

(1) Registration Statement (Form S-3 No. 333-76410, 333-119102,333-131026 and 333-133088) of NeoMagic Corporation; 

 

(2)Registration Statement (Form S-8 Nos. 333-119093, 333-30843, 333-57217, 333-88383, 333-50406, 333-70222, 333-102231, 333-109023, 333-127439 and 333-139262) of NeoMagic Corporation; 

 

of our report dated April 22, 2005, with respect to the consolidated financial statements and schedule of NeoMagic Corporation, for theyear ended January 30, 2005 included in this Annual Report (Form 10-K) for the year ended January 28, 2007. 

 

/s/ Ernst & Young LLP 

 

San Jose, California 

April 26, 2007
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 Xun Energy Inc.  (the "Company") on Form 10-Q for the period ended February 28, 2013 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of 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 operation of the Company.



3.

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:   April 19, 2013



By: /s/ Jerry G. Mikolajczyk

Jerry G. Mikolajczyk,

Chief Executive Officer

(principal executive officer)
EXHIBIT 32.2



Certification of Chief Financial Officer

Pursuant to Section 1350 of Title 18 of the United States Code,

as Adopted Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002



Pursuant to Section 1350 of Title 18 of the United
States Code, the undersigned, Michael V. Valenza, the Senior Vice President-Finance and Chief Financial Officer of Radnor Holdings Corporation (the Company), hereby certifies that:



The Companys annual report on Form 10-K for the most recent fiscal
year (the Report) fully complies with the requirements of Section 15(d) of the Securities Exchange Act of 1934; and



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



|                         |  |                                                                                                           
|------------------------ |  | ----------------------------------------------------------------------------------------------------------
|                         | 
|Dated:    March 23, 2004 |  | /S/    MICHAEL V. VALENZA                                                                                 
|                         |  |                                                                                                           
|                         |  | Michael V. Valenza Senior Vice President-Finance and Chief Financial Officer (Principal Financial Officer)



A signed original 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.
Prepared by MERRILL CORPORATION www.edgaradvantage.com




QuickLinks
 -- Click here to rapidly navigate through this document

EXHIBIT 10.1  


 
 

SECOND AMENDMENT TO THE MARCH 22, 1999 AND AUGUST 17, 1999 PROMISSORY
  NOTES ("NOTES") BETWEEN M.A. ROBINSON CHARITABLE REMAINDER TRUST
  ("TRUST"), AND MARIUS A. ROBINSON (COLLECTIVELY,
"ROBINSON") AND VYREX
  CORPORATION ("THE COMPANY")    
  


 
  RECITALS    
  


    WHEREAS, The Company entered into promissory notes with Robinson dated March 22, 1999 and
August 17, 1999. 


    WHEREAS, Robinson agreed on February 29, 2000 to extend the notes for one year for specific considerations. 


    WHEREAS, Robinson is willing, for the best interest of The Company, to extend both the March 22, 1999 and the August 17,
1999 notes to March 22, 2002. 


    NOW THEREFORE, in consideration for a second extension the Parties agree to the following terms. 



	1.
	Based
on the terms of the February 29, 2000 Amended Agreement interest on the notes at the agreed upon rate of 8% will be due and payable on March 22, 2001 for the
$100,000.00 note and August 17, 2001 for the $60,000.00 note.



	2.
	The
principal amount totaling $160,000.00, plus interest, at a rate of 8%, will be due and payable on March 22, 2002 for both the March 22, 1999 and August 17,
1999 notes.



	3.
	Robinson
will be granted 50,000 options to purchase Vyrex stock at a price of $0.50 per share exercisable for a period of two years from the date of this agreement.



	4.
	The
Company grants The Trust the option to convert the August 17, 1999 $60,000.00 note into 100,000 shares of Vyrex common stock at a price of $0.60 per share at any time
between the date of this agreement and March 22, 2002 in increments of not less than 20,000 shares per transaction. 




    IN WITNESS WHEREOF, the Parties have executed this Second Amendment to the March 22, 1999 and August 17, 1999 Agreements
as of the 4th day of January, 2001. 



	M.A. Robinson Charitable Remainder Trust	 	M.A. Robinson Individual
	

By:	
 	

/s/ MARIUS A. ROBINSON   


Marius A. Robinson	
 	

By:	
 	

/s/ MARIUS A. ROBINSON   


Marius A. Robinson
	

Vyrex Corporation	
 	

 	
 	

 
	

By:	
 	

/s/ G. DALE GARLOW   


G. Dale Garlow

	
 	

 	
 	

 











QuickLinks


SECOND AMENDMENT TO THE MARCH 22, 1999 AND AUGUST 17, 1999 PROMISSORY NOTES ("NOTES") BETWEEN M.A. ROBINSON CHARITABLE REMAINDER TRUST ("TRUST"), AND MARIUS A. ROBINSON (COLLECTIVELY, "ROBINSON") AND VYREX
CORPORATION ("THE COMPANY")

RECITALS
**Exhibit      32.2**

|   | (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,              2007 | /s/ Barry              H. Black                                                 |
|--------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|
|                                                                                                                                                   | Barry H.              Black                                                     |
|                                                                                                                                                   | Vice              President              of Finance and Chief Financial Officer |
|                                                                                                                                                   |
|                                                                                                                                                   |
|                                                                                                                                                   |
|                                                                                                                                                   |
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Angelo Clark v. Carla Clark

Appellate case number: 01

- 13

- 00577

- CV

Trial court case number: 2012

- 69700

Trial court: 257th District Court of Harris County

On July 1 1, 2014, appellant, Angelo Clark, filed a second Motion for Default Judgment.

The motion is DENIED

. The time for appellee’s brief t o be filed has passed. N otice of the late

brief has been sent to the l a st known address for appellee ( s ee Tex. R. App. P . 38.6(b) ), and the

case has been set at issue and is eligible to be set for submission at any time.

It is so ORDERED.

Judge’s signature: /s/ Rebeca Huddle

 Act ing individually  Acting for the Court

Date: J u ly 24, 2014
(November 15, 1900.)

#### VOLLMER v. NEZ PERCES COUNTY.

[62 Pac. 925.]

Premature Appeal — Dismissal op Appeal. — Motion to dismiss appeal sustained upon the ground that the appeal was taken and perfected prior to entry of judgment.

(Syllabus by the court.)

APPEAL from District Court Nez Perces County.

Miles S. Johnson and F. Danford, for Appellant,

cite no authorities upon the question passed upon by the court.

James E. Babb, for Respondent.

No brief can be found on file.

QUARLES, J.

Respondent moves to dismiss this appeal upon several different grounds. One of the grounds upon which the motion is based is that the appeal was perfected before the judgment was entered in the lower court. This ground is con*303fessed by the appellant, for which reason this appeal must be dismissed. The appellant suggests, however, that “this appeal was taken for the purpose of having the present statutes in regard to taxation — as to the right of appeal from boards of equalization — judicially determined as a precedent governing the official action of such officers in raising public revenues; and, as this question is raised by respondent’s motion we respectfully ask and pray that your honorable court pass on this question in deciding this motion.” Inasmuch as the appeal was prematurely taken, and therefore dismissed, this court has not jurisdiction over the subject matter of the action, and does not believe that any good would result from an expression of our views *obiter,*for which reason we refrain from expressing an opinion as to the subject matter of the appeal. Costs awarded to respondent.

Huston, C. J., and Sullivan, J., concur.
[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Notices]
[Page 24972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10449]


-----------------------------------------------------------------------

 DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Nanotechnology Enterprise Consortium

    Notice is hereby given that, on April 1, 2010, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), the NanoTechnology Enterprise 
Consortium (``NTEC'') has filed written notifications simultaneously 
with the Attorney General and the Federal Trade Commission disclosing 
(1) the identities of the parties to the venture and (2) the nature and 
objectives of the venture. The notifications were filed for the purpose 
of invoking the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances.
    Pursuant to Section 6(b) of the Act, the identities of the parties 
to the venture are: Nanotechnology Enterprise, Inc. Columbia, MO; The 
Boeing Company, Chicago, IL; CertTech, LLC, Overland Park, KS; DefEar 
Systems, LLC, Salem, MO; EaglePitcher Technologies, LLC, Joplin, MO; 
Nanos Technologies, LLC, Columbia, MO; Nanoparticle BioChem, Inc., 
Columbia, MO; NEMS/MEMS Works, LLC, Chesterfiels, MO; ThermAvant 
Technolgies, LLC, Columbia, MO; University of Missouri-Columbia, 
Columbia, MO; and University of Missouri-St. Louis, St. Louis, MO. The 
general area of NTEC'S planned activity is to help small, medium, and 
large member companies, university researchers, and government and 
private funders to collaborate on applying nanotechnology to create 
innovation products for commercial and military use, including the 
defense, biomedical, energy, and agriculture sectors.

Patricia A. Brink,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 2010-10449 Filed 5-5-10; 8:45 am]
BILLING CODE 4410-11-M
Exhibit 99.2



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 Concord EFS, Inc. (the Company) on Form 10-Q for the
period ended March 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Bond R. Isaacson, Co-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:



(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.



By:

/S/    BOND R.
ISAACSONBond R. Isaacson Co-Chief Executive Officer




Dated: May 9, 2003



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.