alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

November 20, 2015

No. 04-15-00648-CR and 04-15-00649-CR

Antoine D. HENDERSON,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2011CR10023 and 2012CR6073

Honorable Mary D. Roman, Judge Presiding

O R D E R

In the interest of the efficient administration of the court’s docket, we order Appeal Nos.

04-15-00648-CR and 04-15-00649-CR consolidated. The parties must file motions, briefs, and 

other pleadings as if the appeals were one but put both appeal numbers in the style of the case. 

The cases must be argued together in one brief, as in a single appeal, and if oral argument is 

requested and granted, the entire case must be argued as a single appeal, with the total time limit 

for each party equal to the ordinary time limit for a party in a single appeal.

However the record in each case will remain separate and, if supplementation of the 

record becomes necessary, the supplemental material must be filed in each appeal to which it 

applies. The court will dispose of both appeals in the same judgment, opinion, and mandate.

The record in these appeals is complete. We order appellant’s brief in the consolidated 

appeals due December 17, 2015.

_________________________________

Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 20th day of November, 2015.

___________________________________

Keith E. Hottle

Clerk of Court
Exhibit 32


                              CERTIFICATION OF
              CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
     Section 1350)

     The undersigned, as the Chief Executive Officer and Chief Financial
Officer, respectively, of FNB Corporation, certify that, to the best of their
knowledge and belief, the Annual Report on Form 10-K for the period ended
December 31, 2004, which accompanies this certification fully complies with
the requirements of Section 13(a) 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 FNB
Corporation at the dates and for the periods indicated.  The foregoing
certification is made pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 (18 U.S.C. Section 1350) and shall not be relied upon for any other
purpose.  The undersigned expressly disclaim any obligation to update the
foregoing certification except as required by law.




    Date:  March 10, 2005             s/William P. Heath, Jr.
                                      William P. Heath, Jr.
                                      President & Chief Executive Officer




    Date:  March 10, 2005             s/Daniel A. Becker
                                      Daniel A. Becker
                                      Executive Vice President &
                                        Chief Financial Officer



A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signatures
that appear in typed form within the electronic version of this written
statement required by Section 906, has been provided to FNB Corporation and
will be retained by FNB Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
**Exhibit 31.2****CERTIFICATION**I, William S. McCalmont, certify that:1. I have reviewed this quarterly report on Form 10-Q for the quarter ended March 31, 2008 of TheSt. Joe Company;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) andinternal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and15d-15(f)) for the registrant and have:(a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;(b) Designed such internal control over financial reporting, or caused such internal control overfinancial reporting to be designed under our supervision, to provide reasonable assurance regardingthe reliability of financial reporting and the preparation of financial statements for externalpurposes in accordance with generally accepted accounting principles;(c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, 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 registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors:(a) All significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and(b) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.        Date: May 6, 2008 /s/ William S. McCalmont      William S. McCalmont
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1961 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1961

 To amend the Food Security Act of 1985 to expand the number of acres 
         authorized for inclusion in the conservation reserve.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 18, 1999

Mr. Johnson (for himself, Mr. Kerrey, and Mr. Wellstone) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
 To amend the Food Security Act of 1985 to expand the number of acres 
         authorized for inclusion in the conservation reserve.

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

SECTION 1. INCREASE IN AUTHORIZED MAXIMUM ENROLLMENT IN CONSERVATION 
              RESERVE.

    Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 
3831(d)) is amended by striking ``36,400,000 acres'' and inserting 
``45,000,000 acres''.
                                 <all>
```
#### BORDEAUX, Respondent, *v.*BORDEAUX, Appellant.

(No. 1,806.)

(Submitted April 21, 1902.

Decided June 5, 1902.)

!For syllabus, see *Boi'deaux*v. Bordeaux, *ante,*page 5a3.

*Appeal from District Court, Silver Bow County; William Clancy, Judge.*

Divorce suit by Jolin R. Bordeaux against Ella E. Bordeaux. A decree was rendered for plaintiff, and a neiw trial •denied, and defendant appealed. Original application by defendant for an allowance of temporary alimony and suit money.

Application denied.

.Messrs. *McTIatton & Colter,*for Appellant.

*Messrs. Stapleton & Stapleton,*and *Mr. B. S. Thresher,*for Despondent.

MR. JUSTICE PIGrOTT

delivered tbe opinion of tbe court.

On tbe third day of January, 1902, tbe defendant appealed from an order of tbe district court entered November 9, 1901, requiring tbe plaintiff, wbo bad recovered a judgment of divorce against die defendant, toi pay to ber certain sums of money for couusel fees and expenses on appeals taken by ber to tbe supreme court from tbe judgment and order denying ber motion for a new trial. Erom tbe order of November 9, 1901, tbe plaintiff also appealed. Tbe defendant prays this court to1 require tbe plaintiff to pay to ber, or into court for ber use, a reasonable sum for tbe services of counsel on ber appeal, another sum for tbe cost of preparing and printing ber transcript on appeal, and a further sum for ber appearance fee therein.

*540Upon the autaority of the two oases of *Bordeaux*v. *Bordeaux, 2*6 Montana Reports, 533, 537, 69 Pacific Reporter, 103, 1130, the application is dismissed for tliei reason that this, court is without jurisdiction to grant it.

*Dismissed.*
* Pursuant to 5 TH 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 5 TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________ No. 04-50177

_____________________ UNITED STATES OF AMERICA Plaintiff - Appellee

v. JAIRO DARLENY MINERO-MENDEZ Defendant - Appellant

____________________________________________________ Case No. 04-50906 UNITED STATES OF AMERICA Plaintiff - Appellee

v. JOSE ISRAEL LOBOS Defendant - Appellant

--------------------- Appeals from the United States District Court for the

Western District of Texas, Del Rio

DR-03-CR-562-1-AML

--------------------- Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM: *
IT IS ORDERED that the Appellee’s unopposed motion to vacate United States Court of Appeals

Fifth Circuit 

## F I L E D April 12, 2005 Charles R. Fulbruge III Clerkthe sentences is GRANTED.

I T IS FURTHER ORDERED that the Appellee’s unopposed motion
to remand the cases to district court for resentencing is
GRANTED.
IT IS FURTHER ORDERED th at the Appellee’s unopposed alternative motion to extend time to file the Appellee’s brief fo urteen (14) days from the Court’s denial of the Appellee’s motion to vacate and remand is DENIED as unnecessary.
APPENDIX A: ACTIONS OF THE

APRIL 12, 2021, MEETING OF THE BOARD OF REGENTS

VOTED that the Board of Regents confers the title of Regent Emerita on France A. Córdova with 

deep gratitude for the outstanding service she provided, and will continue to provide, to the 

Board of Regents and the Smithsonian Institution. [2021.04.01]

VOTED that the Board of Regents adopts the Consent Agenda, which constitutes the approval 

of all action items listed therein. [2021.04.02]

VOTED that the Board of Regents approves the minutes of the February 1, 2021,

meeting of the Board of Regents.

VOTED that the Board of Regents approves the proposed slate of candidates for

appointment or reappointment to eight (8) Smithsonian Institution Advisory Boards.

VOTED that the Board of Regents recognizes the generosity of Verizon Communications, 

Inc. and accepts the terms of the sponsorship agreement.

VOTED that the Board of Regents creates a quasi-endowment for the benefit of the 

National Museum of Natural History in support of its mission. Further, the Board 

authorizes the transfer of the funds identified for this purpose.

VOTED that the Board of Regents approves the Secretary’s request to execute a lease

amendment for a new five-year lease extension for a portion of the existing leased premises 

consisting of approximately 58,888 square feet of administrative office, laboratory, and support 

space for continued occupancy by the Smithsonian Astrophysical Observatory (“SAO”) at 100 

Discovery Park Cambridge, MA. [2021.04.03]

VOTED that the Board of Regents approves the proposed amendments to the Audit and Review 

Committee Charter. [2021.04.04]

VOTED that the Board of Regents approves the 2021 proposed committee member

assignments for Senator Catherine Cortez Masto and Representative Adrian Smith, and

requests that the Chancellor make the necessary appointments. [2021.04.05]
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-40799

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MANUEL CISNEROS,

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:15-CR-88-11

Before STEWART, Chief Judge, and GRAVES and DUNCAN, Circuit Judges.

PER CURIAM:*

Manuel Cisneros challenges the 97-month sentence imposed by the 

district court following his conviction of conspiring to possess with intent to 

manufacture and distribute cocaine. Cisneros asserts that the district court 

erred by denying him a U.S.S.G. § 3E1.1 reduction and that the Government 

breached the plea agreement by arguing against such a reduction at 

sentencing. The Government contends that it did not breach the plea 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

September 6, 2018

Lyle W. Cayce

Clerk

 Case: 17-40799 Document: 00514631156 Page: 1 Date Filed: 09/06/2018
No. 17-40799

2

agreement and that Cisneros’s appeal is barred by the appellate waiver

contained therein. 

As Cisneros himself had already voided the acceptance-of-responsibility 

stipulation contained in the plea agreement by using marijuana before 

sentencing, Cisneros’s assertion that the Government violated the stipulation 

is not reasonable. See United States v. Hinojosa, 749 F.3d 407, 411, 413 (5th 

Cir. 2014). Thus, even if Cisneros’s breach argument is afforded de novo 

review, it fails. See United States v. Purser, 747 F.3d 284, 290 (5th Cir. 2014). 

Since the record shows that Cisneros knowingly and voluntarily agreed 

to the appellate waiver contained in his plea agreement, and because the

waiver applies to his remaining § 3E1.1 arguments, those arguments are 

barred. See United States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005). 

Accordingly, the appeal is DISMISSED. See id. at 546. 

 Case: 17-40799 Document: 00514631156 Page: 2 Date Filed: 09/06/2018
II

106TH CONGRESS

2D SESSION S. 2577

To reduce temporarily the duty on Fipronil technical.

IN THE SENATE OF THE UNITED STATES

MAY 17, 2000

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

to the Committee on Finance

A BILL

To reduce temporarily the duty on Fipronil technical.

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

3 SECTION 1. REDUCTION OF DUTY ON FIPRONIL TECH4 NICAL.

5 (a) IN GENERAL.—Subchapter II of chapter 99 of

6 the Harmonized Tariff Schedule of the United States is

7 amended by striking heading 9902.29.47 and inserting the

8 following new heading:
2

•S 2577 IS

‘‘ 9902.29.47 5-amino-1-(2,6-

dichloro-4-

(trifluoromethyl)phynyl)-4-

((1,r,s,)-

trifluoromethyl)sulfinyl)-1-hpyrazole-3-

carbonitrile:

fipronil 90mp.

(CAS No.

120068–37–3)

(provided for in

subheading

2933.19.23) ....... 5% No change No change On or before

12/31/2003 ’’.

1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) applies to goods entered, or withdrawn from

3 warehouse for consumption, on or after the 15th day after

4 the date of the enactment of this Act.

Æ
Exhibit 23.01 - Consent of Independent Accountants

We consent to the inclusion or incorporation by reference in the registration
statements of Saks Holdings, Inc. on Forms S-8 (File No.'s 333-18589, 333-35389
and 333-05569) of our reports dated March 4, 1998, on our audits of the
consolidated financial statements and financial statement schedule of Saks
Holdings, Inc. as of January 31, 1998 and February 1, 1997 and for each of the
three years in the period ended January 31, 1998, which reports are included or
incorporated by reference in this Annual Shareholders Report on Form 10-K.


                                       /s/ Coopers & Lybrand L.L.P.

New York, New York
May 1, 1998
NO. 07-06-0451-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

JANUARY 18, 2007

______________________________

LARRY DARNELL McKELLER,

Appellant

v.

THE STATE OF TEXAS, 

Appellee

_________________________________

FROM THE 108th DISTRICT COURT OF POTTER COUNTY;

NO. 52,950-E; HON. ABE LOPEZ, PRESIDING

_______________________________

ON ABATEMENT AND REMAND

_______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appellant appeals from an order deferring his adjudication. The clerk’s and

reporter’s records were due on December 18, 2006. The clerk filed an extension motion

on January 11, 2007, stating that appellant had not paid or made arrangements to pay for

the record and an attorney had not been appointed for the appeal. The reporter sent a

letter to the court on January 3, 2007, stating she was not requested to prepare a record

by anyone involved in this case. On January 3, 2007, a letter was sent to appellant’s

attorney asking for certification that he has complied with the Rules of Appellate Procedure
2

concerning the filing of the appellate record. He filed a response on January 16, 2007,

stating he has not yet been appointed on appeal. 

Accordingly, we abate this appeal and remand the cause to the 108th District Court

of Potter County (trial court) for further proceedings. Upon remand, the trial court shall

immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to

determine the following:

1. whether appellant desires to prosecute the appeal;

2. whether appellant is indigent;

3. whether appellant is entitled to a free appellate record due to his

indigency; and

4. whether appellant has counsel or is entitled to appointed counsel.

The trial court shall cause the hearing to be transcribed. If it is determined that

appellant desires to prosecute the appeal and is entitled to appointed counsel, then the trial

court is further directed to appoint counsel for appellant. So too shall it 1) execute findings

of fact and conclusions of law addressing the foregoing issues and disclosing the name,

address, state bar number, and phone and fax number of any attorney appointed to

represent appellant on appeal, 2) cause to be developed a supplemental clerk’s record

containing its findings of fact and conclusions of law and all orders it may issue as a result

of its hearing in this matter, and 3) cause to be developed a reporter’s record transcribing

the evidence and arguments presented at the aforementioned hearing, if any. Additionally,

the district court shall then file the supplemental records and reporter’s records transcribing

the hearing with the clerk of this court on or before February 20, 2007. Should further time

be needed by the trial court to perform these tasks, then same must be requested before

February 20, 2007.
3

It is so ordered.

Per Curiam

Do not publish.
EXHIBIT 32.1

Certification pursuant to 18 U.S.C. Section 1350,

as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





In connection with the Quarterly Report on Form 10-Q, filed pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934,
as amended, of Cadence Financial Corporation (the Corporation) for the period ended March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Lewis F. Mallory, Jr., the
Chief Executive Officer of the Corporation, certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1) | the Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------



| | 2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Corporation.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Lewis F. Mallory, Jr.Name:

Lewis F. Mallory, Jr.Title:

Chairman of the Board and Chief Executive OfficerDate:

May 12, 2010


A signed original of this written
statement required by Section 906 has been provided to Cadence Financial Corporation and will be retained by Cadence Financial Corporation and furnished to the Securities and Exchange Commission or its staff upon request.



50
EXHIBITS


ITEM 13.  Exhibits and Reports on Form 8-K

    a.    Exhibits

              1.  Exhibit 3.0    Articles of Incorporation and By-Laws

                           The Amended and Restated Articles of Incorporation of
                           the Company are incorporated herein by reference to
                           Exhibit 3.1 of the Company's Registration Statement
                           No. 333-2306 on Form SB-2 as filed with Securities
                           and Exchange Commission on March 13, 1996.

                           The Form of First Amendment to Amended and Restated
                           Articles of Incorporation of the Company are
                           incorporated herein by reference to Exhibit 3.1 of
                           the Company's Registration Statement No. 333-2306 on
                           Form SB-2 as filed with Securities and Exchange
                           Commission on March 13, 1996.

                           The Amended and Restated Bylaws of the Company are
                           incorporated herein by reference to Exhibit 3.1 of
                           the Company's Registration Statement No. 333-2306 on
                           Form SB-2 as filed with Securities and Exchange
                           Commission on March 13, 1996

              2.  Exhibit 10.0    Mortgage and Security Agreement to
                                  First Union National Bank

                                  This item begins on the following page.

                              36