alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals **For the Eighth Circuit**

___________________________ No. 15-3015

___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Robert Solomon lllllllllllllllllllll Defendant - Appellant

____________ Appeal from United States District Court for the Northern District of Iowa - Sioux City

____________ Submitted: December 10, 2015 Filed: December 23, 2015 [Unpublished]

____________ Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges.

____________ PER CURIAM. While Robert Solomon was serving a peri od of supervised release on a federal criminal sentence, he admitted to the district court 1 that he had violated his release 1 The Honorable Mark W. Bennett, United St ates District Judge for the Northern District of Iowa.conditions. The court revoked supervised release and imposed a within-Guidelinesrange revocation sentence of 9 months in prison and 2 years of additional supervised release. On appeal, Solomon conte nds that the 9-month prison sentence is substantively unreasonable. Upon careful revi ew of the record, we conclude that the court did not abuse its discretion. SeeUnited States v. Miller , 557 F.3d 910, 915-16 (8th Cir. 2009) (standard of review). Th e judgment is affirmed, and we grant counsel leave to withdraw.

______________________________

-2-
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER







PURSUANT TO 18 U.S.C. SECTION 1350



In connection with this Annual Report of Premier Holding Corp. (the Company) on Form 10-K/A for the period ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jack Gregory,  the Chief Executive Officer and Director 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.   Such Annual Report on Form 10-K/A for the period ending December 31, 2009, 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 such Annual Report on Form 10-K/A for the period ending December 31, 2009, fairly presents, in all material respects, the financial condition and results of operations of the Company.



Date:  September 9, 2010



/s/   Jack Gregory

Jack Gregory

Chief Executive Officer, and Director
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

ADONIS BERLE WHITBY,

Petitioner,

v.

OFFICE OF PERSONNEL MANAGEMENT,

Respondent.

______________________ 

2014-3057

______________________ 

Petition for review of the Merit Systems Protection 

Board in No. DC-0842-13-0500-I-1.

______________________ 

ON MOTION

______________________ 

O R D E R

Adonis Berle Whitby moves for leave to proceed in 

forma pauperis. 

Upon consideration thereof,

IT IS ORDERED THAT: 

The motion is granted. 

Case: 14-3057 Document: 9 Page: 1 Filed: 02/06/2014
2 WHITBY v. OPM

 FOR THE COURT

 /s/ Daniel E. O’Toole 

Daniel E. O’Toole

Clerk of Court

s24

Case: 14-3057 Document: 9 Page: 2 Filed: 02/06/2014
# 217-/5 ELECTRONIC RECORD

COA # 03-12-00808-CR OFFENSE: 22.02 Andre DemarGipson v. The State 

### STYLE: ofTexas COUNTY: Travis Modified, and as COA DISPOSITION: Modified, Affirmed TRIALCOURT: 331st District Court DATE:2/12/15 Publish: NO TC CASE #: D-l-DC-07-302550



### IN THE COURT OF CRIMINALAPPEALS Andre DemarGipson v. The State of STYLE: Texas CCA#: 

# W1-IS PRO SE FOR DISCRETIONARY REVIEW IN CCA IS: 

# DATE: /)6//f?/c%?/r JUDGE: 

# /h Ul<1 IjtsJ*-*-^ Petition 

### CCADisposition: DATE: JUDGE: SIGNED: PUBLISH:

REHEARING IN CCA IS: JUDGE: PC:_ DNP:

MOTION FOR

ELECTRONIC RECORD
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                              16
<SECURITIES>                                         0
<RECEIVABLES>                                      354
<ALLOWANCES>                                         0
<INVENTORY>                                        154
<CURRENT-ASSETS>                                   575
<PP&E>                                           4,342
<DEPRECIATION>                                   1,787
<TOTAL-ASSETS>                                   4,577
<CURRENT-LIABILITIES>                              473
<BONDS>                                          1,447
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            62
<OTHER-SE>                                       1,649
<TOTAL-LIABILITY-AND-EQUITY>                     4,577
<SALES>                                          1,087
<TOTAL-REVENUES>                                 1,087
<CGS>                                              748
<TOTAL-COSTS>                                      891
<OTHER-EXPENSES>                                     6
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  63
<INCOME-PRETAX>                                     85
<INCOME-TAX>                                        34
<INCOME-CONTINUING>                                 51
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        51
<EPS-BASIC>                                       0.96
<EPS-DILUTED>                                     0.95


</TABLE>
II

Calendar No. 587

106TH CONGRESS

2D SESSION S. 2406

To amend the Immigration and Nationality Act to provide permanent

authority for entry into the United States of certain religious workers.

IN THE SENATE OF THE UNITED STATES

APRIL 12, 2000

Mr. ABRAHAM (for himself, Mr. KENNEDY, Mr. DEWINE, and Mr. LEAHY)

introduced the following bill; which was read twice and referred to the

Committee on the Judiciary

JUNE 8, 2000

Reported by Mr. HATCH, without amendment

A BILL

To amend the Immigration and Nationality Act to provide

permanent authority for entry into the United States

of certain religious workers.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Mother Teresa Reli5 gious Workers Act’’.
2

S 2406 RS

1 SEC. 2. PERMANENT AUTHORITY FOR ENTRY INTO UNITED

2 STATES OF CERTAIN RELIGIOUS WORKERS.

3 Section 101(a)(27)(C)(ii) of the Immigration and

4 Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amended

5 by striking ‘‘before October 1, 2000,’’ each place it ap6 pears.

Calendar No. 587

106TH CONGRESS

2D SESSION S. 2406

A BILL

To amend the Immigration and Nationality Act to

provide permanent authority for entry into theUnited States of certain religious workers.

JUNE 8, 2000

Reported without amendment
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7969

JOHN A. HAYNES,

Petitioner - Appellant,

versus

STATE OF SOUTH CAROLINA; BENJAMIN MONTGOMERY,

Warden; T. TRAVIS MEDLOCK, Attorney General of

the State of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Columbia. Charles E. Simons, Jr., Senior District Judge. (CA-94-2390-3-6BC)

Submitted: April 9, 1996 Decided: June 19, 1996

Before HALL, MURNAGHAN, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John A. Haynes, Appellant Pro Se. Donald John Zelenka, Chief

Deputy Attorney General, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

relief on his 28 U.S.C. § 2254 (1988) petition. We have reviewed

the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error.

Accordingly, we deny a certificate of probable cause to appeal and

dismiss the appeal on the reasoning of the district court. Haynes

v. South Carolina, No. CA-94-2390-3-6BC (D.S.C. Nov. 17, 1995). We

deny Appellant's motion for an investigation, along with his "Informal Motion" that a subsequently filed appeal be required to be

considered by a separate panel. 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.

DISMISSED
Exhibit 32.1
                                                                    ------------

                           SECTION 906 CERTIFICATIONS
                           SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code), the
undersigned officer of Westbank Corporation (the "Corporation") does hereby
certify to such officer's knowledge that:


     The Quarterly Report on Form 10-Q for the quarter ended September 30, 2003
     of the Corporation fully complies with the requirements of Section 13(a) or
     15(d) of the Securities Exchange Act of 1934 and information contained in
     the Form 10-Q fairly presents, in all material respects, the financial
     condition and results of operations of the Corporation.



Date: November 13, 2003                     /s/ Donald R. Chase
                                           -------------------------------------
                                           Donald R. Chase
                                           President and Chief Executive Officer
No. 2,002.

#### HUMPHREYS, Respondent, *v.*STAFFORD, Appellant.

*Appeal from District Court, Fergus County; F. K. Cheadle, Judge.*

On motion, to dismiss appeal.

Decided January 5, 1904.

*Mr. Rudolph Yon Tobel,*for Appellant.

*Mr. Frank F. Smith,*and *Mr. H. L. DeKalb,*for Respondent.

Per Ouriam.

The motion to dismiss the appeal herein is hereby sustained and the appeal is dismissed without prejudice, however, to another appeal; and it is further ordered that the motion for leave to;, amend the briefs herein be and the same is hereby denied.
EXHIBIT 32 CERTIFICATION Each of the undersigned hereby certifies in his capacity as an officer of Spartan Motors, Inc. (the Company), pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350 that:  1.
     The Quarterly Report on Form 10-Q of the Company for the period ended September 30, 2010 (the Report) fully complies with the requirements of Section 13(a) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m); and2.
     The information contained in the Report fairly presents, in all material respects, the financial condition at the end of such period and results of operations of the Company for such period.
   Dated:  November 4, 2010
     /s/ John E. SztykielJohn E. Sztykiel
President and Chief Executive OfficerDated:  November 4, 2010
     /s/ Joseph M. NowickiJoseph M. Nowicki
Chief Financial Officer and Treasurer


---
#### Joseph E. Chase, Respondent, v. General Electric Company, Appellant.

Judgment and order affirmed, with costs.

All concurred, except Houghton, J., who dissented on the ground that if the fire was caused by opening the cover of the furnace such accident was one not reasonably to be anticipated, and hence there was no negligence on the part of the defendant.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains certain summary financial information extracted from the
Company's financial statements and notes thereto and is qualified in its
entirety by reference to such financial statements.  The Company files an
unclassified balance sheet, certain line items are not applicable.  All values
except share amounts are in thousands.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1996
<CASH>                                          56,847
<SECURITIES>                                     4,838
<RECEIVABLES>                                  473,567
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          60,416
<DEPRECIATION>                                  38,868
<TOTAL-ASSETS>                                 869,324
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<COMMON>                                         5,288
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        857
<OTHER-SE>                                      54,555
<TOTAL-LIABILITY-AND-EQUITY>                   869,324
<SALES>                                              0
<TOTAL-REVENUES>                             1,305,801
<CGS>                                                0
<TOTAL-COSTS>                                1,275,047
<OTHER-EXPENSES>                                28,390
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,967
<INCOME-PRETAX>                                  (798)
<INCOME-TAX>                                     (359)
<INCOME-CONTINUING>                              (439)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (439)
<EPS-PRIMARY>                                   (0.25)
<EPS-DILUTED>                                   (0.22)
        

</TABLE>
No. 1,634.

#### RIDDELL, Respondent, *v.*PECK-WILLIAMSON HEATING AND VENTILATING CO., Appellant.

*Appeal from District Gourt, Silver Bow¡ County; John Lindsay, Judge.*

Decided July 14, 1903.

*Messrs. Pemberton & Maury,*for Appellant.

*Messrs. McHatton & Goiter,*for Respondent.

Per Curiam.

This appeal is dismissed at the cost of appellant, in accordance with the stipulation on file.
```

                                                                    Exhibit 32.1

                CERTIFICATION OF THE PRINCIPAL EXECUTIVE OFFICER
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

            In connection  with the annual report of AmComp  Incorporated,  (the
"Company")  on Form 10-K for the year ended  December 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Fred R.
Lowe, Principal 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, 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 results of operations
            of the Company.

April 2, 2007                                 /s/ Fred R. Lowe
                                              ----------------------------------
                                              Name: Fred R. Lowe
                                              Title: Principal Executive Officer
```
II

106TH CONGRESS

2D SESSION S. 2019

For the relief of Malia Miller.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 1, 2000

Mr. KYL introduced the following bill; which was read twice and referred to

the Committee on the Judiciary

A BILL

For the relief of Malia Miller.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PERMANENT RESIDENT STATUS FOR MALIA

4 MILLER.

5 (a) IN GENERAL.—Notwithstanding subsections (a)

6 and (b) of section 201 of the Immigration and Nationality

7 Act, Malia Miller shall be eligible for issuance of an immi8 grant visa or for adjustment of status to that of an alien

9 lawfully admitted for permanent residence upon filing an

10 application for issuance of an immigrant visa under sec11 tion 204 of such Act or for adjustment of status to lawful

12 permanent resident.
2

•S 2019 IS

1 (b) ADJUSTMENT OF STATUS.—If Malia Miller enters

2 the United States before the filing deadline specified in

3 subsection (c), she shall be considered to have entered and

4 remained lawfully and shall, if otherwise eligible, be eligi5 ble for adjustment of status under section 245 of the Im6 migration and Nationality Act as of the date of enactment

7 of this Act.

8 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

9 FEES.—Subsections (a) and (b) shall apply only if the ap10 plication for issuance of an immigrant visa or the applica11 tion for adjustment of status are filed with appropriate

12 fees within 2 years after the date of enactment of this

13 Act.

14 (d) REDUCTION OF IMMIGRANT VISA NUMBER.—

15 Upon the granting of an immigrant visa or permanent res16 idence to Malia Miller, the Secretary of State shall in17 struct the proper officer to reduce by one, during the cur18 rent or next following fiscal year, the total number of im19 migrant visas that are made available to natives of the

20 country of the alien’s birth under section 203(a) of the

21 Immigration and Nationality Act or, if applicable, the

22 total number of immigrant visas that are made available

23 to natives of the country of the alien’s birth under section

24 202(e) of such Act.

Æ
NO. 12-09-00023-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JEFFERY L. CONWAY, § APPEAL FROM THE 217TH

APPELLANT

V. § JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE § ANGELINA COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of

aggravated assault, and sentence was imposed on October 10, 2008.

Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of

appeal is filed within thirty days after the day sentence is imposed orsuspended in open court unless

a motion for new trial is timely filed. TEX. R. APP. P. 26.2(a)(1). Where a timely motion for new

trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed

or suspended in open court. TEX.R.APP.P. 26.2(a)(2). Appellant did not file a motion for new trial.

Therefore, his notice of appeal was due to have been filed on or before November 10, 2008.

However, Appellant did not file his notice of appeal until December 3, 2008 and did not file a

motion for extension of time to file his notice of appeal as permitted by Texas Rule of Appellate

Procedure 26.3. See TEX.R.APP.P. 26.3 (appellate court may extend time for filing notice of appeal

if, within fifteen days after deadline for filing notice of appeal, appellant files notice of appeal in trial

court and motion complying with Texas Rule of Appellate Procedure 10.5(b) in appellate court).

On January 20, 2009, this court notified Appellant that the information filed in this appeal

does not include a notice of appeal filed within the time allowed by rule 26.2 or a timely motion for

an extension oftime as permitted by rule 26.3. Appellant was further informed that his appeal would
2

be dismissed unless the information in this appeal was amended, on or before January 30, 2009, to

show the jurisdiction of this court. On February 9, 2009, in response to this court’s January 20, 2009

notice, Appellant filed a motion for extension of time to file his appeal. This motion is untimely

because it was not filed within fifteen days after the notice of appeal was due, i.e., November 25,

2008, as required by rule 26.3. 

Because this court has no authority to allow the late filing of a notice of appeal except as

provided by Rule 26.3, the appeal must be dismissed. See Slaton v. State, 981 S.W.2d 208, 210

(Tex. Crim. App. 1998). Accordingly, Appellant’s motion for extension of time is overruled, and

the appeal is dismissed for want of jurisdiction.

Opinion delivered February 25, 2009.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2289 Reported in Senate (RS)]

                                                       Calendar No. 738
106th CONGRESS
  2d Session
                                S. 2289

            For the relief of Jose Guadalupe Tellez Pinales.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2000

 Mr. Grassley introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             July 27, 2000

                Reported by Mr. Hatch, without amendment

_______________________________________________________________________

                                 A BILL

 
            For the relief of Jose Guadalupe Tellez Pinales.

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

SECTION 1. PERMANENT RESIDENCE.

    Notwithstanding any other provision of law, for purposes of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), Jose Guadalupe 
Tellez Pinales shall be held and considered to have been lawfully 
admitted to the United States for permanent residence as of the date of 
the enactment of this Act upon payment of the required visa fee.

                                                       Calendar No. 738

106th CONGRESS

  2d Session

                                S. 2289

_______________________________________________________________________

                                 A BILL

            For the relief of Jose Guadalupe Tellez Pinales.

_______________________________________________________________________

                             July 27, 2000

                       Reported without amendment
```