alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7652
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus STEPHAN M. BULLIS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. James C. Fox, Senior District Judge. (5:95-cr-00142-F) Submitted: January 17, 2008 Decided: January 28, 2008 Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Stephan M. Bullis, Appellant Pro Se. John Howarth Bennett, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Stephan M. Bullis appeals the district court’s order denying his motion for modification of sentence. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Bullis , No. 5:95-cr-00142-F (E.D.N.C. Oct. 19, 2007). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Exhibit 32.2





CERTIFICATION


Pursuant to 18 U.S.C. 1350


(Section 906 of the Sarbanes-Oxley Act of 2002)








In connection with the Quarterly Report on Form 10-Q of TouchIT Technologies, Inc (the “Company”) for the period ended June30, 2010, as filed with the Securities and Exchange Commission (the “Report”) I, Andrew Brabin, Chief Financial Officer of the Company, hereby certifies, 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; 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:  August 16th, 2010
By:
/s/ Andrew BrabinName: Andrew BrabinTitle:  Chief Financial Officer
----

----

| 1.   | The      Company’s Annual Report on Form 10-K for the year ended October 31, 2008      (the “Form 10-K”) fully complies with the requirements of Section 13(a) of      the Securities Exchange Act of 1934, as amended;  and |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.   | Information      contained in the Form 10-K fairly presents, in all material respects, the      financial condition and results of operations of the    Company. |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                                                                                                                                  |                                      |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------|
|  Dated:                      January      12, 2009 | /s/      Charles J. Urstadt               |
|                                                                                                                                                                  | Charles      J. Urstadt                   |
|                                                                                                                                                                  | Chairman      and Chief Executive Officer |

|                                                                                                                                                                  |                                                  |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------|
|  Dated:                      January      12, 2009 | /s/      John T. Hayes                                |
|                                                                                                                                                                  | John      T. Hayes                                    |
|                                                                                                                                                                  | Senior      Vice President and Chief FinancialOfficer |
United States Court of Appeals

for the Fifth Circuit _____________

No. 22-50988

consolidated with

No. 22-50993

_____________

United States of America, 

Plaintiff—Appellee,

versus

Gilberto Betero-Carrillo, 

Defendant—Appellant.

______________________________

Appeals from the United States District Court 

for the Western District of Texas

USDC Nos. 4:22-CR-434-1, 4:19-CR-872-2

______________________________

Before Jones, Haynes, and Oldham, Circuit Judges.

Per Curiam:*

Gilberto Betero-Carrillo appeals his conviction and sentence for illegal 

reentry into the United States under 8 U.S.C. § 1326(a) and (b)(2), as well as 

the judgment revoking his term of supervised release for a prior offense. The 

latter challenge is unbriefed and thus abandoned. See United States v. Reagan, 

596 F.3d 251, 254–55 (5th Cir. 2010).

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

May 5, 2023

Lyle W. Cayce

Clerk

Case: 22-50988 Document: 00516740670 Page: 1 Date Filed: 05/05/2023
No. 22-50988

c/w No. 22-50993

2

On appeal, Betero-Carrillo contends that the recidivism enhancement 

in § 1326(b) is unconstitutional because it permits a sentence above the 

otherwise applicable statutory maximum established by § 1326(a) based on 

facts that are neither alleged in the indictment nor found by a jury beyond a 

reasonable doubt. Although Betero-Carrillo acknowledges that this 

argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 

(1998), he nevertheless seeks to preserve it for possible Supreme Court 

review and has filed an unopposed motion for summary disposition.

Because Betero-Carrillo is correct that his argument is foreclosed, see 

United States v. Pervis, 937 F.3d 546, 553–54 (5th Cir. 2019), summary 

disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 

1162 (5th Cir. 1969). Accordingly, Betero-Carrillo’s motion is GRANTED, 

and the district court’s judgments are AFFIRMED.

Case: 22-50988 Document: 00516740670 Page: 2 Date Filed: 05/05/2023
## THE STATE OF TEXAS

MANDATE

TO THE COUNTY COURT OF LAMAR COUNTY, GRE ETINGS:

Before the Court of Appeals for the Sixth Court of Appeals District of Texas, on the 10th

day of December, A.D. 2014, the cause upon appeal to revise or reverse your Judgment was

determined; and therein our said Court made its order in these words:

Gary Neil Carroll, Appellant

v.

The State of Texas, Appellee No. 06

- 14

- 00176

- CR

Trial Court No. 61897

As stated in the Court’s opinion of this date, we find that the appeal should be dismissed

for lack of jurisdiction over this appeal . Therefore, we dismiss the appeal.

We note that the appellant, Gary Neil Carroll, has adequately indicated his inability t o

pay costs of appeal. Therefore, we waive payment of costs.

WHEREFORE, WE COMMAND YOU to observe the order of our said Court in this

behalf, and in all things to have it duly recognized, obeyed, and executed.

WITNESS, the Hon. Josh R. Morriss, III, Chief Justice of our said Court of Appeals, with

the seal thereof annexed, at the City of Texarkana, this the 6th day of February , A.D. 2015

.

DE BRA K. AUTREY , Clerk
**Exhibit 10.46**MODIFICATION OF EMPLOYMENT AGREEMENT     This Modification of Employment Agreement made as of this 9th day of March, 2005, by andbetween Valley National Gases, Inc. (“Company”), a West Virginia corporation and James P. Hart(“Employee”).     WITNESSETH:     WHEREAS, Employee is deemed by Company to be a valuable executive officer serving the Company;and     WHEREAS, Company wishes to retain Employee as an executive officer of the Company; and     WHEREAS, the Company does not have any retention agreements or policies presently in placethat would affect this Employee; and     WHEREAS, the Company and Employee have previously entered an Employment Agreement (“EmploymentAgreement”) which is dated the 1st day of June, 2003; and     WHEREAS, the parties now desire to amend the Employment Agreement.     NOW, THEREFORE, in consideration of the premises contained herein and in that certainEmployment Agreement between the parties, it is agreed as follows:     1.) Section 2. of the Employment Agreement is hereby amended to read as follows:     Term. The Employee’s employment by the Company and the initial term of this Agreement(“Initial Term”) shall commence as of the date hereof and shall continue in full force and effect,unless earlier terminated as provided hereinafter in Section 6., until the third (3rd) anniversarythereof. At the conclusion of the Initial Term, Employee’s employment with the Company may, at theCompany’s election, continue thereafter, until terminated as provided hereinafter in Section 6., onthe terms and conditions as set forth in this Agreement. The Initial Term and all time ofemployment thereafter shall collectively be referred to as the “Employment Term”.     2.) Other than the amendment to the term of the Employment Agreement above set out, there areno additional modifications to the Employment Agreement which continues in full force and effect.     IN WITNESS WHEREOF, the Company has caused this Modification of Employment Agreement to beexecuted by authority of its Board of Directors, and the Employee has hereunto set his hand, as ofthe day and year first written above.
 

 
     Valley National Gases, Inc.WITNESS:  /s/  Gerald W. Zehala By:/s/  W.A. Indelicato William A. Indelicato Its:    Chief Executive OfficerWITNESS:  /s/  Gerald W. Zehala  /s/  James P. Hart James P. Hart
Rel: July 12, 2024

STATE OF ALABAMA -- JUDICIAL DEPARTMENT

THE SUPREME COURT

SPECIAL TERM, 2024

SC-2023-0589

Terica N. Evans v. Leona Evans; Shunnarah Injury Lawyers, P.C.; 

Alexander Shunnarah; Heidi DiLorenzo; and Wal-Mart Stores East, L.P. 

(Appeal from Jefferson Circuit Court: CV-20-903199).

SHAW, Justice.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. R. App. P.

Parker, C.J., and Bryan, Mendheim, and Mitchell, JJ., concur.
Exhibit 32.0





CERTIFICATION PURSUANT TO 18 U.S.C.
SECTION 1350


AS ADOPTED PURSUANT TO SECTION 906 OF
THE


SARBANES-OXLEY ACT OF
2002







The undersigned executive officers of
the Registrant hereby certify that this Annual Report on Form 10-K for the year
endedDecember 31,
2008(the "Report") fully
complies with the requirements of Section 13(a) or 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 Registrant.






Date:March 27, 2009




/s/StephenE.WesselStephenE.Wessel
                  Chief Executive
      Officer/s/StephenF.TheriotStephenF.Theriot
                  Chief Financial
      Officer








Note:    A
signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act has been provided to GS Financial Corp. and furnished to the
Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6065 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 6065

    To amend title 49, United States Code, to limit eligibility for 
  essential air service for certain locations, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2018

   Mr. Walden (for himself and Ms. Jenkins of Kansas) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL

 
    To amend title 49, United States Code, to limit eligibility for 
  essential air service for certain locations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defending Essential Flights and 
Ensuring National Security Efforts Act of 2018'' or the ``DEFENSE Act 
of 2018''.

SEC. 2. EXCEPTION FOR CERTAIN LOCATIONS WITH HIGH MILITARY USE.

    Section 41731 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(g) Exception for Certain Locations With High Military Use.--
Subparagraph (D) of subsection (a)(1) shall not apply with respect to 
any location--
            ``(1) that is certified under part 139 of title 14, Code of 
        Federal Regulations;
            ``(2) that is not owned by the Federal Government; and
            ``(3) at which not less than 10 percent of aircraft 
        takeoffs and landings in 2017 were by aircraft of the Armed 
        Forces.''.
                                 <all>
```
[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Notices]
[Page 3491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1026]


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

DEPARTMENT OF JUSTICE

 Parole Commission


Public Announcement Pursuant to the Government in the Sunshine 
Act (Pub. L. 94-409) [5 U.S.C. Section 552b]

Agency Holding Meeting: Department of Justice, United States Parole 
Commission.

Time and Date: 10 a.m., Thursday, January 21, 2010.

Place: 5550 Friendship Blvd., Fourth Floor, Chevy Chase, MD 20815.

Status: Open.

Matters to be Considered: The following matters have been placed on the 
agenda for the open Parole Commission meeting:
    1. Approval of Minutes of October 6, 2009 Quarterly Business 
Meeting.
    2. Reports from the Chairman, Commissioners, and Section 
Administrators.
    3. Public Comment on Interim Rules Implementing the Equitable 
Street Time Credit Amendment Act.
    4. Summons vs. Warrant Pilot.
    5. Residential Substance Abuse Treatment Program (RSAT) & Secure 
Residential Treatment Program (SRTP) Funding.
    6. Victims Witness Program.

Agency Contact: Patricia W. Moore, Staff Assistant to the Chairman, 
United States Parole Commission, (301) 492-5933.

    Dated: January 12, 2010.
Rockne J. Chickinell,
General Counsel, U.S. Parole Commission.
[FR Doc. 2010-1026 Filed 1-20-10; 8:45 am]
BILLING CODE 4410-31-M
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 Justice

###### Antitrust Division

                    Notice is hereby given that, on April 7, 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”), Intellegere Foundation 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: Intellegere Foundation, Oak Hill, VA; ManTech International Corporation, Fairmont, WV; and West Virginia University, Morgantown, WV. The general area of Intellegere Foundation's planned activity is (a) to facilitate scientific collaboration by addressing challenges of national security; (b) to promote participation of non-traditional private sector and academic enterprises; (c) to support the spectrum of R&D and life cycle needs of armament systems; (d) to engage and involve capable small/medium size enterprises; (e) to work together as a joint government-industry-academia team; (f) to leverage government expertise/knowledge with private sector/academic abilities; to address technical issues of national importance.

Patricia A. Brink,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 2010-10457 Filed 5-5-10; 8:45 am]

BILLING CODE 4410-11-M
**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





The
      undersigned, Colin Halpern, Chief Executive Officer, Acting Chief Financial
      Officer and Director of Universal Services Group, Inc. (the
      "Company"),certifies, under the standards set forth and solely for the purposes
      of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act
      of 2002, that, to his knowledge, the Quarterly Report on Form 10-QSB of the
      Company for the quarterly period ended January 31, 2008 fully complies with
      the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and information contained in that Form 10-QSB fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





Dated:
      March 17, 2008





/s/
                Colin HalpernColin
                HalpernChief
                Executive Officer, Acting Chief Financial Officer and
                Director





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.
1 

NO. 03-14-00617-CR

NATHANIEL PAUL FOX § IN THE THIRD 

V. § DISTRICT COURT OF 

THE STATE OF TEXAS § APPEALS OF TEXAS 

STATE’S NOTICE OF INTENT TO ARGUE BEFORE THE COURT

Dear Mr. Jeffrey D. Kyle, Clerk of the Honorable Third District Court of Appeals: 

The Court ordered that oral argument in the above-styled and -numbered 

cause would take place on December 2, 2015 at 9:00 a.m. The Court requested that 

our office notify you in writing of our intention to argue the case before the Court. 

Accordingly, the State files this written notice that Assistant Criminal District 

Attorney Joshua D. Presley, the author of the State’s brief, intends to argue this 

case before the Court on said date. 

 Respectfully submitted, 

 /s/ Joshua D. Presley 

 Joshua D. Presley SBN: 24088254 

 preslj@co.comal.tx.us 

 Comal Criminal District Attorney’s Office 

 150 N. Seguin Avenue, Suite 307 

 New Braunfels, Texas 78130 

 Ph: (830) 221-1300 / Fax: (830) 608-2008

ACCEPTED

03-14-00617-CR

7745196

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/9/2015 2:08:47 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/9/2015 2:08:47 PM JEFFREY D. KYLE Clerk
2

CERTIFICATE OF SERVICE

I, Joshua D. Presley, Assistant District Attorney for the State of Texas, 

Appellee, hereby certify that a true and correct copy of this State’s Notice of Intent 

to Argue before the Court has been delivered to Appellant NATHANIEL PAUL

FOX’s attorney in this matter:

Paul A. Finley

pfinley@reaganburrus.com

Reagan Burrus PLLC

401 Main Plaza, Suite 200

New Braunfels, TX 78130

Attorney for Appellant on Appeal

By electronically sending it to the above-listed email address through 

efile.txcourts.gov e-filing service this 9

th day of November, 2015.

 /s/ Joshua D. Presley

 Joshua D. Presley
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference inRegistration Statements No. 333-56829, No. 333-89465, and No. 333-108119 on Forms S-8, and Registration Statements No. 333-90321, No. 333-32756, No. 333-47600 and No. 333-113930 on Form S-3 of our report dated March 11, 2005, relating to thefinancial statements of CuraGen Corporation and management’s report on the effectiveness of internal control over financial reporting appearing in the Annual Report on Form 10-K of CuraGen Corporation for the year ended December 31, 2004.

 

/s/ DELOITTE & TOUCHE LLP 

 

Stamford, Connecticut 

March 11, 2005
<PAGE>

                                                                   EXHIBIT 10.44

                                 "ADDENDUM #20"

THIS AGREEMENT, made as of June 30, 2004, by and between WEST RENTALS, INC.,
party of the first part as "LESSOR", said party being of the City of Wheeling,
Ohio County, West Virginia, and VALLEY NATIONAL GASES, INC., party of the second
part, as "LESSEE".

NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements hereinafter set forth, the parties hereto do hereby covenant and
agree as follows:

      1)    This Agreement is an addendum to and as well amends and modifies the
            Master Lease as well as any and all other addenda leases or
            contracts relative to the Phillipsburg, Pennsylvania property
            subject hereof by and between LESSOR and LESSEE and all prior
            Addenda and amendments thereto (collectively "Lease").

      2)    For and in consideration of the payment of Seventy-five Thousand Two
            Hundred Dollars ($75,200.00) by LESSOR to LESSEE, as of July 1,
            2004, the Lease will be terminated as to the Phillipsburg,
            Pennsylvania property, LESSOR will have total possession thereof,
            and LESSEE will have no further rights or obligations with respect
            thereto, including especially but not limited to any further
            obligation for the payment of rent.

      3)    Except as amended and modified by this Addendum #20, the Lease will
            continue in full force and effect, fully binding on the parties
            hereto, their successors and assigns.

                                       1
<PAGE>

      IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed and delivered by their authorized officers and agents with full
authority therefore as of the day and year first above written.

WITNESSETH:

                                       WEST RENTALS, INC. LESSOR

/s/ Phyllis J. West                    By:  /s/  Gary E. West
-------------------                         -----------------
                                       Its: President

                                       VALLEY NATIONAL GASES, INC. LESSEE

/s/ Lynn S. Anderson                   By:  /s/  W A Indelicato
--------------------                        -----------------------
                                       Its: Chief Executive Officer

                                        2