alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-50307

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ALEJANDRO JAQUEZ-BORREGO,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:09-CR-3180-1

Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.

PER CURIAM:

*

Alejandro Jaquez-Borrego (Jaquez) appeals his 70-month sentence

imposed following his guilty plea conviction for illegal reentry after deportation,

in violation of 8 U.S.C. § 1326. He argues that the presumption of

reasonableness does not apply to his within-guidelines sentence because the

illegal reentry guideline, U.S.S.G. § 2L1.2, is not supported by empirical data.

As Jaquez concedes, this argument that is foreclosed by United States v.

United States Court of Appeals

Fifth Circuit

F I L E D

February 1, 2011

Lyle W. Cayce

Clerk

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.

Case: 10-50307 Document: 00511368082 Page: 1 Date Filed: 02/01/2011
No. 10-50307

Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir.), cert. denied, 130 S. Ct. 192

(2009).

Jaquez also argues that his sentence is greater than necessary to meet the

sentencing goals outlined in 18 U.S.C. § 3553(a). He contends that a sentence

at the low end of the guidelines range is sufficient because he is young; he

returned to the United States only to see his family; he is culturally more

American than Mexican; and the Guidelines effectively double counted his prior

conviction for aggravated assault with a deadly weapon by using it to calculate

the criminal history score and to increase the base offense level.

The district court considered Jaquez’s request for leniency, but it

ultimately determined that a 70-month sentence was appropriate. Jaquez’s

arguments regarding his personal history, circumstances, and motive for reentry

are insufficient to rebut the presumption of reasonableness. See United States

v. Gomez-Herrera, 523 F.3d 554, 565-66 (5th Cir. 2008); United States v.

Rodriguez, 523 F.3d 519, 526 (5th Cir. 2008). Moreover, we have previously

rejected the argument that the double counting of a conviction as part of a

defendant’s criminal history score and the 16-level enhancement to his base

offense level necessarily renders a sentence unreasonable. See United States v.

Duarte, 569 F.3d 528, 529-31 (5th Cir.), cert. denied, 130 S. Ct. 378 (2009). The

district court therefore did not abuse its discretion in imposing Jaquez’s

sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). Accordingly, the

judgment of the district court is AFFIRMED.

2

Case: 10-50307 Document: 00511368082 Page: 2 Date Filed: 02/01/2011
Exhibit 32.1

 

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF2002

(18 U.S.C. SECTION 1350)

 

Inconnection with the Annual Report of Air Industries Group, a Nevada corporation (the "Company"), on Form 10-K for theyear ended December 31, 2016, as filed with the Securities and Exchange Commission (the "Report"), Peter D. Rettaliata,Acting Chief Executive Officer of the Company, does hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18U.S.C. ss. 1350), 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 result of operationsof the Company.

 

Dated: April 19, 2017

 

/s/ Peter D. Rettaliata

Peter D. Rettaliata

Acting Chief Executive Officer (Principal Executive Officer)

 

[A signed original of this written statement required by Section906 has been provided to Air Industries Group and will be retained by Air Industries Group and furnished to the Securities andExchange Commission or its staff upon request.]
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
Form 10KSB
Condensed Consolidated Balance Sheet &
Condensed Statements of Income
</LEGEND>
<CIK> 0001009325
<NAME> CALIFORNIA COMMUNITY BANCSHARES CORPORAITON
<MULTIPLIER> 1000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           10289
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                  8775
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      48465
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                         120564
<ALLOWANCE>                                       1242
<TOTAL-ASSETS>                                  196991
<DEPOSITS>                                      174732
<SHORT-TERM>                                       588
<LIABILITIES-OTHER>                                800
<LONG-TERM>                                       2468
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         12561
<OTHER-SE>                                        3192
<TOTAL-LIABILITIES-AND-EQUITY>                  196991
<INTEREST-LOAN>                                  11026
<INTEREST-INVEST>                                 3229
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                 14255
<INTEREST-DEPOSIT>                                5638
<INTEREST-EXPENSE>                                6122
<INTEREST-INCOME-NET>                             8133
<LOAN-LOSSES>                                      319
<SECURITIES-GAINS>                                  42
<EXPENSE-OTHER>                                   7329
<INCOME-PRETAX>                                   2405
<INCOME-PRE-EXTRAORDINARY>                        2405
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      1439
<EPS-PRIMARY>                                     1.36
<EPS-DILUTED>                                     1.15
<YIELD-ACTUAL>                                    8.33
<LOANS-NON>                                        966
<LOANS-PAST>                                       194
<LOANS-TROUBLED>                                  1262
<LOANS-PROBLEM>                                    966
<ALLOWANCE-OPEN>                                  1101
<CHARGE-OFFS>                                      224
<RECOVERIES>                                        46
<ALLOWANCE-CLOSE>                                 1242
<ALLOWANCE-DOMESTIC>                              1242
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                             14
        

</TABLE>
Applied Signal Technology, Inc.
  Exhibit 99.2

Certification of Chief Executive Officer Pursuant to18 U.S.C. Section 1350,
As Adopted Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002

I, James E. Doyle, certify that:

1.	I have reviewed this quarterly report on Form 10-Q of Applied Signal Technology, Inc.;

2.	Based on my knowledge, this quarterly 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 quarterly report; and

3.	Based on my knowledge, the financial statements and other financial information included in this quarterly report fairly present in all material respects the financial condition, results of operations, and cash flows of the registrant as of, and for, the periods presented in this quarterly report.



|Date: March 14, 2003 |  | /s/ James E. Doyle                                      
|-------------------- |  | --------------------------------------------------------
|                     |  | James E. DoyleVice President and Chief Financial Officer
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1996 Referred in House (RFH)]

106th CONGRESS
  2d Session
                                S. 1996

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2000

                 Referred to the Committee on Commerce

_______________________________________________________________________

                                 AN ACT

 
 To amend the Public Health Service Act to clarify provisions relating 
 to the content of petitions for compensation under the vaccine injury 
                         compensation program.

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

SECTION 1. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    Section 2111(c)(1)(D) of the Public Health Service Act (42 U.S.C. 
300aa-11(c)(1)(D)) is amended by striking ``and'' at the end and 
inserting ``or (iii) suffered such illness, disability, injury or 
condition from the vaccine which resulted in inpatient hospitalization 
and surgical intervention to correct such illness, disability, injury 
or condition, and''.

            Passed the Senate November 19, 1999.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.
```
(January 11, 1924.)

#### In the Matter of the Application of GEORGE PERRING for a Writ of Habeas Corpus.

[224 Pac. 668.]

Petition for writ of *habeas corpus.*

*Petitioner discharged.*

William Healy, for Petitioner.

A. H. Conner, Attorney General, and Herman H. Taylor, for Wm. E. Dunning, Sheriff.

DUNN, J.

— It having been stipulated by the state and the petitioner that this case is in all respects similar to that of Richard Moore, *ante,*p. 506, 224 Pac. 662, and that the judgment in this case may follow that entered in the case of Richard Moore, it is ordered that the petitioner be discharged.

William A. Lee and Wm. E. Lee, JJ., concur.

McCarthy, C. J., and Budge, J., dissent.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                                OCT-1-1999
<CASH>                                         883,000
<SECURITIES>                                         0
<RECEIVABLES>                               25,829,000
<ALLOWANCES>                                 1,780,000
<INVENTORY>                                 16,969,000
<CURRENT-ASSETS>                            55,608,000
<PP&E>                                      46,771,000
<DEPRECIATION>                              25,973,000
<TOTAL-ASSETS>                             119,851,000
<CURRENT-LIABILITIES>                       22,153,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     8,985,000
<OTHER-SE>                                  69,703,000
<TOTAL-LIABILITY-AND-EQUITY>               119,851,000
<SALES>                                     84,032,000
<TOTAL-REVENUES>                            84,503,000
<CGS>                                       49,530,000
<TOTAL-COSTS>                               49,530,000
<OTHER-EXPENSES>                            33,280,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             869,000
<INCOME-PRETAX>                                824,000
<INCOME-TAX>                                   247,000
<INCOME-CONTINUING>                            577,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   577,000
<EPS-BASIC>                                       0.10
<EPS-DILUTED>                                     0.10


</TABLE>
<PAGE>   1
                                                                   EXHIBIT 10.39

NABI
--------------------------------------------------------------------------------
                                           5800 PARK OF COMMERCE BOULEVARD, N.W.
                                                            BOCA RATON, FL 33487


                        EFFECTIVE AS OF DECEMBER 11, 2000

Mr. Thomas H. McLain
1617 SW 20th Avenue
Boca Raton, FL 33486

Dear Tom:

         Reference is made to the letter agreement between you and the
undersigned pursuant to which you will receive compensation and other benefits
under certain circumstances in the event of a Change of Control as defined in
such agreement (the "Change of Control Severance Agreement").

         This will confirm that in the event you are entitled to receive
compensation and other benefits under the Change of Control Severance Agreement
and are entitled as well to receive severance or other benefits under an
employment contact or other agreement, you shall be paid under whichever
agreement provides the greatest value to you (as conclusively determined by you)
but not under both agreements.

                                             Very truly yours,

                                             NABI

                                             By /s/ DAVID J. GURY
                                                ----------------------------
                                                  Name:  David J. Gury
                                                  Title:  President and CEO

Agreed:


/s/ THOMAS H. MCLAIN
-----------------------------------
Name:  Thomas H. McLain
Title:  Sr. VP Corporate Services and CFO
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-7616

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

v.

MATTHEW JAMES DURY,

 Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at 

Asheville. Martin K. Reidinger, Chief District Judge. (1:08-cr-00016-MR-1)

Submitted: July 28, 2022 Decided: September 23, 2022

Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Matthew James Dury, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 21-7616 Doc: 15 Filed: 09/23/2022 Pg: 1 of 2
2

PER CURIAM:

Matthew James Dury appeals the district court’s order denying his postjudgment 

motion. We have reviewed the record and find no reversible error. Accordingly, we affirm 

for the reasons stated by the district court. United States v. Dury, No. 1:08-cr-00016-MR1 (W.D.N.C. Oct. 26, 2021). We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before this court and argument would 

not aid the decisional process.

AFFIRMED

USCA4 Appeal: 21-7616 Doc: 15 Filed: 09/23/2022 Pg: 2 of 2
**Exhibit
        32.2**
 
 **CERTIFICATION
        PURSUANT TO**
 **18
        U.S.C. SECTION 1350,**
 **AS
        ADOPTED PURSUANT TO**
 **SECTION
        906 OF THE SARBANES-OXLEY ACT OF 2002**
 
 In
        connection with the Annual Report of Mexican Restaurants, Inc. (the Company)
        on
        Form 10-K for the period ending January 1, 2006 as filed with the Securities
        and
        Exchange Commission on the date hereof (the Report), I, Andrew J. Dennard,
        Chief
        Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
        adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:
 
 (1)
              The
                  Report fully complies with the requirements of section 13(a) or
                  15(d) of
                  the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
                  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/
        Andrew J. Dennard*
 
 Andrew
        J.
        Dennard
 Chief
        Financial Officer
 March
        30,
        2006
 
 The
        foregoing certification is being forwarded solely pursuant to Section 906
        of the
        Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter
        63
        of Title 18, United States Code).
Exhibit 10.6

Pinnacle Bankshares Corporation

Base Salaries of Executive Officers of
the Registrant

As of March 28, 2011, the following are the base salaries (on an annual basis) of the executive
officers of Pinnacle Bankshares Corporation:



|                                                                |  |   |         | 
|--------------------------------------------------------------- |  | - | ------- | 
|Robert H. Gilliam, Jr.President and Chief Executive Officer     |  | $ | 192,400 | 
|                                                                | 
|Aubrey H. Hall, IIIExecutive Vice President                     |  | $ | 168,000 | 
|                                                                | 
|Carroll E. SheltonVice President                                |  | $ | 120,386 | 
|                                                                | 
|Bryan M. LemleySecretary, Treasurer and Chief Financial Officer |  | $ | 110,400 |
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16
- 7660

MICHAEL HARRISON HUNT, JR. , Petitioner

- Appellant ,

v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY , Respondent

- Appellee

.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro

. William L. Osteen, Jr., Chief District Judge. ( 1:16

- cv
- 01156

- WO

- LPA )

Submitted : April 27, 2017 Decided: May 9, 2017

Before TRAXLER, DUNCAN, and THACKER , Circuit Judges.

Dismissed by un published per curiam opinion

.
Michael Harrison Hunt, Jr. , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Michael Harrison Hunt seeks to appeal the district c ourt’s order denying relief on his 28 U.S.C. § 2254 (2012) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended dismissing the petition as successive and advis ed Hunt that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon
the recommendation. The timely filing of specific objections to a magistrate judge’s recommendation is necessary to pres erve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. Wright v. Collins , 766 F.2d 841, 845

- 46 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). Hunt has waived ap pellate review by failing to file objections. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately pres ented in the materials before this court and argument would not aid the decisional process.
DISMISSED
EXHIIT 23.2

                            DeGOLYER and MacNAUGHTON
                                One Energy Square
                               Dallas, Texas 75206


                                  March 3, 2000


Triton  Energy  Limited
Caledonian  House
Mary  Street
P.O.  Box  1043
George  Town
Grand  Cayman,  Cayman  Islands

Gentlemen:

     We  hereby  consent  to  (i)  the  use  of the information contained in our
"Appraisal  Report,  as  of December 31, 1999, on Certain Properties in Colombia
owned  by  Triton  Colombia  Incorporated,"  under  the caption "Items 1 and 2 -
Business  and  Properties  -  Reserves"  and  in  note  23  of  the Notes to the
Consolidated  Financial  Statements under the caption "Oil and Gas Reserve Data"
in  the Form 10-K of Triton Energy Limited for the year ended December 31, 1999,
and  (ii)  the  references  to  our  firm  under such captions. Our estimates of
reserves,  however,  for the Cusiana and Cupiagua fields have been aggregated in
the  Form  10-K  with  other  Colombian  reserves for which we have not prepared
estimates.


     Very  truly  yours,



     DeGOLYER  and  MacNAUGHTON
EXHIBIT 99.1

CEO/CFO Certification Pursuant to § 906 ofthe****Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)

The undersigned, as the Chief Executive Officer and Chief Financial Officer of Pinnacle Bankshares Corporation,respectively, certify that the Annual Report on Form 10-KSB for the period ended December 31, 2002, which accompanies this certification, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Actof 1934, and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of Pinnacle Bankshares Corporation and subsidiary at the dates and for the periodsindicated.

| March 24, 2003 |   |        | /s/ ROBERT H. GILLIAM, JR.                                       |   |   |
|----------------|--------|--------|-----------------------------------------------------------------------|--------|--------|
|                |   |   |                                                                       |   |   |
| Date           |   |   | **Robert H. Gilliam, Jr., President and Chief Executive Officer**     |   |   |
|           |   |   |                                                                  |   |   |
| March 24, 2003 |   |        | /s/ BRYAN M. LEMLEY                                              |   |   |
|                |   |   |                                                                       |   |
| Date           |   |   | **Bryan M. Lemley, Secretary, Treasurer and Chief Financial Officer** |   |   |
|                |        |        |                                                                       |        |        |  |
Applied Signal Technology, Inc.
  Exhibit 32.2

Certification of Chief Financial Officer 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 Report of Applied Signal Technology, Inc. (the Company)
  on Form 10-Q for the period ended February 1, 2008 as filed with the Securities
  and Exchange Commission on the date hereof (the Report), I, James E. Doyle,
  Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section
  1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
  that to my 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 result of operations of the Company.

|/s/ James E. Doyle
---------------------------------------------  | Date:
          March 10, 2008
-------------------------------
|----------------------------------------------------------------- | --------------------------------------------------------------
|James E. Doyle
        Vice President and Chief Financial Officer |