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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. United States Court of Appeals

Fifth Circuit 

## FILED September 27, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-51205 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CHARLES PHILLIP SMITH, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. A-03-CR-165-ALL-H

-------------------- Before DAVIS, SMITH and DENNIS, Circuit Judges. PER CURIAM: * Charles Phillip Smith has appealed his conviction and sentence for possession of a firearm by a felon and possession of cocaine base with intent to distribute. Smith’s motion to “allow” his appointed attorney to withdraw is DENIED. The motion was not timely filed and it does not show that Smith has unequivocally asserted a desire to represent himself on appeal. United States v. Kizzee , 150 F.3d 497, 501 (5th Cir. 1998); Rotolo v. United States , 404 F.2d 316, 317 (5th Cir. 1968). TheNo. 03-51205 -2- Government’s motion to strike Smith’s reply brief is likewise DENIED. We find no abuse of discretion in the district court’s denial of Smith’s motion to continue the trial. See United States v. Olaniyi-Oke , 199 F.3d 767, 771 (5th Cir. 1999); United States v. Hughey , 147 F.3d 423, 431 (5th Cir. 1998). Smith’s assertion that the district court abused its discretion by denying his motion to suppress as untimely is not well taken. The district court allowed Smith to contest the admissibility of his written confession outside the presence of the jury. Smith waived the issue whether the search and arrest warrants were supported by probable cause by failing to brief the issue in the district court or to raise it at trial. We agree with Smith that the district court plainly erred by making an improper comment on the evidence. United States v. Sanchez , 325 F.3d 600, 603 (5th Cir. 2003). Nevertheless, the comment did not affect the fairness or integrity of Smith’s trial. Id. ; United States v. Hinojosa , 349 F.3d 200, 203-04 (5th Cir. 2003); see United States v. Olano , 507 U.S. 725, 732 (1993). Smith’s argument that his sentence should be vacated pursuant to Blakely v. Washington , U.S. , 124 S. Ct. 2531 (2004) is foreclosed by this court's recent opinion in United States v. Pineiro , ___ F.3d ___, No. 03-30437, 2004 WL 1543170, at *1 (5th Cir. July 12, 2004). AFFIRMED.
EXHIBIT 32.1


CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,


AS ADOPTED PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Quarterly Report of Global Smart Energy, Inc. (the "Company") on Form 10-Q for the quarter ended September 30, 2010, as filed with the Securities and Exchange Commission on or about the date hereof (the "Report"), I, Frank A. O’Donnell, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:




(1) The Report fully complies with the requirements of Sections 13(a) or 15(d) of the Securities Exchange Act of 1934; and




(2) Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated: August 15, 2011
/s/ Frank A. O’DonnellBy: Frank A. O’DonnellIts: Chief Executive Officer
<PAGE>   1

                                                                  EXHIBIT 10.188


                                   DEMAND NOTE

$400,000.00                                                   New York, New York
                                                                December 5, 2000


        FOR VALUE RECEIVED, the undersigned, Wilshire Technologies, Inc. a
California corporation (hereinafter referred to as "Borrower"), hereby
unconditionally PROMISES TO PAY to the order to TRILON DOMINION PARTNERS, LLC, a
Delaware limited liability company ("Lender"), at 245 Park Avenue, 28th Floor,
New York, NY 10167, or at such other place as the holder of this Demand Note may
designate from time to time in writing, in lawful money of the United States of
America and in immediately available funds, the principal amount of Four Hundred
Thousand and 00/100, DOLLARS ($400,000.00), together with interest on the unpaid
principal amount of this Demand Note outstanding from time to time from the date
hereof, at a rate per annum equal to the Prime rate of interest plus 3.0%, or
the highest rate permitted by law, whichever shall be less.

        The principal amount of the indebtedness evidenced hereby shall be
payable on demand. Interest thereon shall be paid when principal is paid from
the date hereof until such principal amount is paid in full at such interest
rate as specified above. Following failure to pay on demand, Borrower agrees to
pay interest on any overdue payment of principal at a rate per annum equal to
the stated interest rate plus 5%, or the highest rate permitted by law,
whichever shall be less. All interest calculations shall be computed on the
basis of a 360 day year.

        Demand, presentment, protest and notice of nonpayment and protest are
hereby waived by Borrower.

        Borrower shall have no right to make any off-set against or deduct from
any payment due under this Demand Note.

        Principal and interest may be prepaid at any time without penalty.

        This Demand Note may not be changed orally, but only by an agreement in
writing and signed by the party against whom enforcement of such change is
sought.

        All covenants of Borrower in this Demand Note and all rights of the
holder under this Demand Note shall bind Borrower and its successors and
assigns, and all such covenants and rights shall inure to the benefit of the
holder of this Demand Note and its successors and assigns.

        This Demand Note has been delivered and accepted at New York, New York
and shall be interpreted, governed by, and construed in accordance with, the
laws of the State of New York.

                                       Wilshire Technologies, Inc.



                                       By /s/ Kathleen E. Terry
                                       Name: Kathleen E. Terry
                                       Title: Chief Financial Officer
1 TRACIE HALBROOK

, FORMER WIFE,

Appellant,

v.

WILLIAM BENJAMIN DOUGLAS S

, FORMER HUSBAND,

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

- 5694

_____________________________/

Opinion filed May 11, 2017.

An appeal from the Circuit Court for Columbia County

. Paul S. Bryan , Judge

.
Robert A. Sandow, Lake City , for Appellant.

Leonard E. Ireland, Jr., Clayton

- Johnston, P.A., Gainesville , for Appellee.

PER CURIAM.

AFFIRMED.

ROBERTS

, C.J., MAKAR

, and JAY

, J J

. , CONCUR.
EXHIBIT
32.2




CERTIFICATION OF CHIEF FINANCIAL
OFFICER




Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of
Title 18 of the United States Code), the undersigned officer of Pure Earth, Inc.
(the “Company”) does hereby certify with respect to Amendment No. 1 to the Quarterly Report of the
Company on Form 10-Q/A for the quarter ended September 30, 2009 (the “Report”)
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:     
      November 17, 2009
              By:  /s/ Brent
      KopenhaverBrent
      KopenhaverChairman,
      Executive Vice President,Chief
      Financial Officer and
Treasurer




The
foregoing certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United
States Code) and is not being filed as part of the Report or as a separate
disclosure document.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
     BALANCE SHEET AS OF JUNE 30, 1998 AND THE RELATED STATEMENT OF OPERATIONS
     FOR THE PERIOD ENDED JUNE 30, 1998.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           2,648
<SECURITIES>                                         0
<RECEIVABLES>                                    5,781
<ALLOWANCES>                                         0
<INVENTORY>                                      4,978
<CURRENT-ASSETS>                                14,574
<PP&E>                                           5,317
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  20,910
<CURRENT-LIABILITIES>                            1,940
<BONDS>                                          4,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            32
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    21,910
<SALES>                                         10,196
<TOTAL-REVENUES>                                10,196
<CGS>                                            7,232
<TOTAL-COSTS>                                    7,232
<OTHER-EXPENSES>                                 2,890
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  88
<INCOME-PRETAX>                                    102
<INCOME-TAX>                                        35
<INCOME-CONTINUING>                                 67
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        67
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                            1606
<INT-BEARING-DEPOSITS>                             140
<FED-FUNDS-SOLD>                                  1325
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      20976
<INVESTMENTS-CARRYING>                            3476
<INVESTMENTS-MARKET>                              3510
<LOANS>                                          16607
<ALLOWANCE>                                        168
<TOTAL-ASSETS>                                   45801
<DEPOSITS>                                       38464
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                497
<LONG-TERM>                                       3297
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           281
<OTHER-SE>                                        3262
<TOTAL-LIABILITIES-AND-EQUITY>                   45801
<INTEREST-LOAN>                                   1080
<INTEREST-INVEST>                                  934
<INTEREST-OTHER>                                   120
<INTEREST-TOTAL>                                  2134
<INTEREST-DEPOSIT>                                1018
<INTEREST-EXPENSE>                                   0
<INTEREST-INCOME-NET>                             1116
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                   2
<EXPENSE-OTHER>                                    960
<INCOME-PRETAX>                                    425
<INCOME-PRE-EXTRAORDINARY>                         425
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       307
<EPS-PRIMARY>                                    10.99
<EPS-DILUTED>                                    10.99
<YIELD-ACTUAL>                                     3.5
<LOANS-NON>                                          1
<LOANS-PAST>                                       133
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   171
<CHARGE-OFFS>                                       10
<RECOVERIES>                                         7
<ALLOWANCE-CLOSE>                                  168
<ALLOWANCE-DOMESTIC>                               168
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Exhibit 12.1  CERTIFICATION  I, Craig H. Muhlhauser, certify that:  1. I have reviewed this annual report on Form 20-F of Celestica 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 company as of, and for, the periods presented in this report;  4. The company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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company 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 company, 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 our 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 company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 companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the companys internal control over financial reporting; and  5. The companys other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the companys auditors and the


audit committee of the company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 company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 companys internal control over financial reporting.  Date: March 13, 2015  /s/   Craig H. MuhlhauserCraig   H. MuhlhauserChief   Executive Officer
**Exhibit 31.1**




CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER


AND
      ACTING CHIEF FINANCIAL OFFICER


PURSUANT
      TO SECTION 302(a) OF


THE
      SARBANES-OXLEY ACT OF 2002




I,
      Colin
      Halpern, certify that:




1.  I
      have
      reviewed this report on Form 10-QSB of Universal Services Group,
      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; and




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 small business issuer as of, and
      for, the periods presented in this report.




DATE:
                August 15, 2007/s/
                COLIN HALPERNColin
                HalpernChief
                Executive Officer and
              Acting
                Chief Financial Officer
Order filed September 25, 2014 Withdrawn and Corrected Order filed 

December 4, 2014 

In The

Fourteenth Court of Appeals

____________

NO. 14-14-00756-CV

____________

DON MCCAFFETY, Appellant

V.

JOYCE MCCAFFETY, ET AL, Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 2011-29862

CORRECTED ORDER1

This is an attempted appeal from a judgment signed June 17, 2014. 

Appellant filed an untimely motion to modify the judgment on July 20, 2014.2 The 

notice of appeal was filed September 15, 2014. The notice of appeal must be filed 

within thirty days after the judgment is signed when appellant has not filed a 

 

1 Our order of September 25, 2014, incorrectly states that the notice of appeal was filed July 20, 2014.

2 The motion is dated July 18, 2014, but that too is untimely.
timely motion for new trial, motion to modify the judgment, motion to reinstate, or 

request for findings of fact and conclusion of law. See Tex. R. App. P. 26.1. 

On October 8, 2014, appellant filed a motion to extend time to file the notice 

of appeal. The motion fails to demonstrate the appellate timetable was extended 

by the timely filing of a motion for new trial, motion to modify the judgment, 

motion to reinstate, or request for findings of fact and conclusion of law. 

Accordingly, the notice of appeal was due July 17, 2014. 

The court will consider dismissal of the appeal on its own motion for want 

of jurisdiction unless any party files a response on or before December 15, 2014, 

showing meritorious grounds for continuing the appeal.

PER CURIAM
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



Pursuant to Section 906 of the Sarbanes-Oxley of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the undersigned, Brooks F. Sherman, the chief executive officer of Integrated Security Systems, Inc. (the Company), hereby certifies that, to his knowledge:



(i)

the Quarterly Report on Form 10-Q for the quarter ended March 31, 2010 (the Form 10-Q) of the Company fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, and;

(ii)

the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in the Form 10-Q.





May 11, 2010

/s/ SHARON T DOHERTY

Sharon T. Doherty

Chief Financial Officer

Principal Financial Officer





A signed original of this written statement required by Section 906 has been provided to Integrated Security Systems, Inc. and will be retained by Integrated Security Systems, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



The foregoing certification is being furnished as an exhibit to Form 10-Q pursuant to Item 601(b)(32) of Regulation S-B and 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, accordingly, is not being filed as part of the Form 10-Q for purposes of Section 18 of the Securities Exchange Act of 1934 and is not incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
Exhibit
99.4




CERTIFICATE
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 (the “Report”) on the Form 10-Q of Brand
Neue Corp. (the “Company”) for the six months ended September 30, 2009, as filed
with the Securities and Exchange Commission on the date hereof, I, Ashmi Deo,
Chief Accounting Officer, Chief Financial Officer and Director, 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
Quarterly Report fully complies with the requirements of Section 13 (a) or 15
(d) of the Securities and Exchange Act of 1934, as amended; and
 
 2. The
information contained in this Quarterly Report fairly presents, in all material
respects, the financial condition and results of operation of the
Company.
 
 
 Date:  November
12, 2009
 
 
 ASHMI
DEO
 Ashmi
Deo
 Chief
Accounting Officer
 Chief
Financial Officer and Director
   35
July 8, 1983.

463 A.2d 29

#### Chapman Corp., Appellant v. Haynes, et al. Baldwin Electric, Appellant v. Haynes, et al.

Submitted February 23, 1983.

Eugene J. Julian, for appellants; Frank C. Carroll, for appellee.

*627Before SPAETH, BROSKY and MONTEMURO, JJ.

Order affirmed.
Exhibit 23.1



|     |                       |                  |                               |               
|---- | --------------------- | ---------------- | ----------------------------- | --------------
|LOGO |                       | BDO Dunwoody LLP |                               | 600 Park Place
|     | Chartered Accountants |                  | 666 Burrard Street           
|     |                       |                  | Vancouver, BC, Canada V6C 2X8
|     |                       |                  | Telephone: (604) 688-5421    
|     |                       |                  | Telefax: (604) 688-5132      
|     |                       |                  | E-mail: vancouver@bdo.ca     
|     |                       |                  | www.bdo.ca                   



Consent of
Independent Accountants



Minera Andes Inc.

Spokane, Washington



We hereby consent to the incorporation by reference in the Registration Statements on Forms S-3 and S-8 (Registration Statement Nos. 333-77663 and 333-34023, respectfully) of Minera Andes Inc., of our report dated
March 12, 2004 relating to the consolidated financial statements of Minera Andes Inc., which appear in this Form 10-KSB.



/s/ BDO Dunwoody LLP



Chartered Accountants



Vancouver, Canada

March 26, 2004