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

FOR THE FIFTH CIRCUIT

No. 15-40824

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ALDO ADRIAN VAZQUEZ-GUTIERREZ,

Defendant-Appellant

Appeals from the United States District Court

for the Southern District of Texas

USDC No. 1:15-CR-117-1

Before DAVIS, SMITH, and PRADO, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Aldo Adrian Vazquez-Gutierrez has 

moved for leave to withdraw and has filed a brief in accordance with Anders v. 

California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th 

Cir. 2011). Vazquez-Gutierrez has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* 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

February 17, 2016

Lyle W. Cayce

Clerk

 Case: 15-40824 Document: 00513384076 Page: 1 Date Filed: 02/17/2016
No. 15-40824

2

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw 

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 15-40824 Document: 00513384076 Page: 2 Date Filed: 02/17/2016
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This schedule  contains  summary  financial  information  extracted  from Cadmus
Communications   Corporation's  Consolidated  Balance  Sheets  and  Consolidated
Statements  of Income and is  qualified  in its  entirety by  reference  to such
financial statements.
</LEGEND>
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              JUN-30-2000
<PERIOD-END>                                   SEP-30-1999
<CASH>                                               7,070
<SECURITIES>                                             0
<RECEIVABLES>                                       86,694
<ALLOWANCES>                                         2,838
<INVENTORY>                                         30,520
<CURRENT-ASSETS>                                   135,665
<PP&E>                                             281,393
<DEPRECIATION>                                     117,663
<TOTAL-ASSETS>                                     494,212
<CURRENT-LIABILITIES>                               81,680
<BONDS>                                            250,051
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                             4,507
<OTHER-SE>                                         118,977
<TOTAL-LIABILITY-AND-EQUITY>                       494,212
<SALES>                                            124,757
<TOTAL-REVENUES>                                   124,757
<CGS>                                               98,915
<TOTAL-COSTS>                                      138,695
<OTHER-EXPENSES>                                     (428)
<LOSS-PROVISION>                                       323
<INTEREST-EXPENSE>                                   6,167
<INCOME-PRETAX>                                   (13,938)
<INCOME-TAX>                                       (1,305)
<INCOME-CONTINUING>                               (12,633)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                      (12,633)
<EPS-BASIC>                                       (1.40)
<EPS-DILUTED>                                       (1.40)


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


<ARTICLE>                     5
<MULTIPLIER>                                   1000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                         JAN-02-1999
<PERIOD-END>                              JAN-02-1999
<CASH>                                         49,100
<SECURITIES>                                        0
<RECEIVABLES>                                  53,000
<ALLOWANCES>                                    1,000
<INVENTORY>                                   280,200
<CURRENT-ASSETS>                              430,700
<PP&E>                                        307,300
<DEPRECIATION>                                 90,000
<TOTAL-ASSETS>                                685,400
<CURRENT-LIABILITIES>                         268,800
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                          300
<OTHER-SE>                                    303,000
<TOTAL-LIABILITY-AND-EQUITY>                  685,400
<SALES>                                     1,829,100
<TOTAL-REVENUES>                            1,829,100
<CGS>                                       1,278,000
<TOTAL-COSTS>                               1,278,000
<OTHER-EXPENSES>                              446,500
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                600
<INCOME-PRETAX>                               104,000
<INCOME-TAX>                                   32,400
<INCOME-CONTINUING>                            71,600
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                   33,500
<EPS-PRIMARY>                                    1.33
<EPS-DILUTED>                                    1.32
        


</TABLE>
<PAGE>

                                                                   EXHIBIT 23.1

                        CONSENT OF INDEPENDENT AUDITORS

   We consent to the incorporation by reference in the Registration Statement
(Form S-3 No. 333-68914) and in the related Prospectus pertaining to the
registration of $700,000,000 in Debt Securities, Preferred Stock and Common
Stock, the Registration Statement (Form S-3 No. 333-65833) pertaining to the
registration of 3,452,181 Shares of Common Stock, the Registration Statement
(Form S-3 No. 333-41433) pertaining to the registration of 3,713,331 Shares of
Common Stock, the Registration Statement (Form S-3 No. 333-44997) pertaining to
the registration of 728,929 Shares of Common Stock, the Registration Statement
(Form S-3 No. 333-09945) pertaining to the BRE Properties, Inc. Dividend Stock
Purchase and Dividend Reinvestment Plan, the Registration Statement (Form S-8
No. 333-69217) pertaining to the Amended and Restated 1992 Employee Stock Plan,
the Amended and Restated Non-Employee Director Stock Option Plan, and the
Consultancy Stock Option Agreement dated March 2, 1998, the Registration
Statement (Form S-8 No. 333-02257) pertaining to the Amended and Restated
Non-Employee Director Stock Option Plan of BRE Properties, Inc. and the Assumed
Real Estate Investment Trust of California 1991 Officer Stock Option Plan, the
Registration Statement (Form S-8 No. 33-61209) pertaining to the BRE
Properties, Inc. 1994 Non-Employee Director Stock Plan and Chief Executive
Officer Stock Option Plan, the Registration Statement (Form S-8 No. 33-60082)
pertaining to the BRE Properties, Inc. 1992 Employee Stock Option Plan, the
Registration Statement (Form S-8 No. 33-05389) pertaining to the BRE
Properties, Inc. 1984 Stock Option Plan, the Registration Statement (Form S-3
No. 333-09945) and in the related Prospectus pertaining to the registration of
2,000,000 Shares of Common Stock, and the Registration Statement (Form S-8
filed January 11, 2002) pertaining to the 1999 BRE Stock Incentive Plan as
amended, of our report dated January 14, 2002, with respect to the consolidated
financial statements and related financial schedule of BRE Properties, Inc.
included in this Annual Report (Form 10-K) for the year ended December 31, 2001.

                                          /s/ Ernst & Young LLP
San Francisco, California
February 20, 2002
I 

113TH CONGRESS 

1ST SESSION H. R. 489 

To expand the HUBZone program for communities affected by base 

realignment and closure, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2013 

Ms. PINGREE of Maine (for herself and Mr. MICHAUD) introduced the 

following bill; which was referred to the Committee on Small Business 

A BILL 

To expand the HUBZone program for communities affected 

by base realignment and closure, and for other purposes. 

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 ‘‘HUBZone Expansion 

5 Act of 2013’’. 

6 SEC. 2. EXPANDING HUBZONE PROGRAM FOR COMMU7 NITIES AFFECTED BY BASE REALIGNMENT 

8 AND CLOSURE. 

9 Section 3(p)(4)(D) of the Small Business Act (15 

10 U.S.C. 632(p)(4)(D)) is amended— 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 489 IH

1 (1) in clause (iv), by striking the period at the 

2 end and inserting ‘‘; and’’; 

3 (2) by redesignating clauses (i), (ii), (iii), and 

4 (iv) as subclauses (I), (II), (III), and (IV), respec5 tively, and moving the margins 2 ems to the right; 

6 (3) in the matter preceding subclause (I), as so 

7 redesignated, by striking ‘‘means lands within’’ and 

8 inserting the following: ‘‘means— 

9 ‘‘(i) lands within’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(ii) a geographic area that— 

12 ‘‘(I) is— 

13 ‘‘(aa) the municipality in 

14 which the military installation is 

15 located; 

16 ‘‘(bb) the county in which 

17 the military installation is lo18 cated; or 

19 ‘‘(cc)(AA) the census tract 

20 in which the military installation 

21 is located; or 

22 ‘‘(BB) the census tract in 

23 which the military installation is 

24 located and a census tract contig25 uous to that census tract; and 


jbell on DSK7SPTVN1PROD with BILLS
3 

•HR 489 IH

1 ‘‘(II) has a total population of 

2 not more than 50,000, as determined 

3 with reference to the most recent de4 cennial census.’’. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
**EXHIBIT
      23.1**


CONSENT
        OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
 
 We
        hereby
        consent to the incorporation by reference in the Registration Statements
        on Form
        S-8 (No. 333-26575,
        No. 333 -80185,
        and No. 333-66729) of 99¢
Only
        Stores of our
        reports dated April 2, 2007 , relating to the consolidated financial statements
        and schedule for the year ended March 31, 2006 and three months ended March
        31,
        2005; and our report on internal control over financial reporting (which
        expressed an adverse opinion on the effectiveness of the Company's internal
        control over financial reporting because of material weaknesses) as of March
        31,
        2006 appearing in this Annual Report on Form 10 -K.
 
 /s/
        BDO
        Seidman, LLP
 BDO
        Seidman, LLP
 Los
        Angeles, CA
 April
        2,
        2007
EXHIBIT A-5

#L888682

Case: 19-30088 Doc# 1640-5 Filed: 04/24/19 Entered: 04/24/19 09:01:34 Page 1

of 5
Case: 19-30088 Doc# 1640-5 Filed: 04/24/19 Entered: 04/24/19 09:01:34 Page 2

of 5
Case: 19-30088 Doc# 1640-5 Filed: 04/24/19 Entered: 04/24/19 09:01:34 Page 3

of 5
Case: 19-30088 Doc# 1640-5 Filed: 04/24/19 Entered: 04/24/19 09:01:34 Page 4

of 5
Case: 19-30088 Doc# 1640-5 Filed: 04/24/19 Entered: 04/24/19 09:01:34 Page 5

of 5
<PAGE>


Exhibit 31.1

CERTIFICATIONS   OF   PRESIDENT   AND  CEO   PURSUANT  TO  SECTION  302  OF  THE
SARBANES-OXLEY ACT OF 2002

CERTIFICATIONS

I, Gail Montgomery, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Nutrition 21, 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 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 maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant 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  registrant,  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) Evaluated  the  effectiveness  of the  registrant'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

c) Disclosed in this report any change in the registrant's internal control over
financial  reporting that occurred  during the  registrant's  most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that has materially affected,  or is reasonably likely to materially affect, the
registrant's internal control over financial reporting; and

5. The registrant's other certifying officer and I have disclosed,  based on our
most recent  evaluation of internal  control over  financial  reporting,  to the
registrant's auditors and the audit committee of registrant'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  registrant'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 registrant's  internal control over
financial reporting.

Date: February 12, 2004

Gail Montgomery
President and Chief Executive Officer



                                       17
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5008 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5008

To prohibit United States voluntary contributions to the United Nations 
                            Democracy Fund.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2014

  Mr. Salmon introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
To prohibit United States voluntary contributions to the United Nations 
                            Democracy Fund.

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

SECTION 1. PROHIBITION ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO THE 
              UNITED NATIONS DEMOCRACY FUND.

    (a) In General.--No funds made available to any Federal department 
or agency may be used to make United States voluntary contributions to 
the United Nations Democracy Fund (UNDEF).
    (b) Effective Date.--Subsection (a) applies with respect to funds 
made available for fiscal year 2015 and subsequent fiscal years.
                                 <all>
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-1970

In re: MITCHELL SWAIN,

Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the Eastern 

District of North Carolina, at Greenville. (4:07-cr-00062-D-1)

Submitted: September 29, 2023 Decided: October 11, 2023

Before WYNN and THACKER, Circuit Judges, and MOTZ, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Mitchell Swain, Petitioner Pro Se. 

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-1970 Doc: 6 Filed: 10/11/2023 Pg: 1 of 2
2

PER CURIAM:

Mitchell Swain petitions for a writ of mandamus, alleging that the district court has 

unduly delayed in adjudicating his motion for sentencing relief under § 404(b) of the First

Step Act. This motion was pending before the district court upon remand from this court. 

See United States v. Swain, 49 F.4th 398, 403-04 (4th Cir. 2022). Swain seeks an order 

from this court directing the district court to act, but our review of the district court’s docket 

reveals that the district court granted Swain’s motion on September 29, 2023. Accordingly, 

because the district court has recently decided Swain’s motion, we deny the mandamus 

petition as moot. 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. 

PETITION DENIED

USCA4 Appeal: 23-1970 Doc: 6 Filed: 10/11/2023 Pg: 2 of 2
**EXHIBIT 32.2**

 

CERTIFICATION PURSUANT TO

18 U.S.C. § 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of First Chester County Corporation (the “Corporation”) on Form 10-Q for the period ending September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kevin C. Quinn, President 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 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 Corporation.

 

 

| Date:November 10, 2008 |               |
|------------------------|--------------------|
|                   | /s/ Kevin C. Quinn |
|                   | Kevin C. Quinn     |
|                   | President          |
<TABLE> <S> <C>

<ARTICLE> 5

<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THE REGISTRANT'S FORM 10-Q FOR THE NINE MONTHS ENDED SEPTEMBER 30,
1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS INCLUDED IN SUCH REPORT.
</LEGEND>



<S>                   <C>
<PERIOD-TYPE>         9-MOS
<FISCAL-YEAR-END>     DEC-31-1999
<PERIOD-END>          SEP-30-1999

<CASH>                        40,291,118
<SECURITIES>                        0
<RECEIVABLES>                    180,502
<ALLOWANCES>                       0
<INVENTORY>                        0
<CURRENT-ASSETS>              40,471,620
<PP&E>                             0
<DEPRECIATION>                     0
<TOTAL-ASSETS>                40,471,620
<CURRENT-LIABILITIES>             57,979
<BONDS>                            0
<COMMON>                           0
<PREFERRED-MANDATORY>              0
<PREFERRED>                        0
<OTHER-SE>                    40,413,641
<TOTAL-LIABILITY-AND-EQUITY>  40,471,620
<SALES>                        7,243,594
<TOTAL-REVENUES>               8,260,530
<CGS>                              0
<TOTAL-COSTS>                  4,756,151
<OTHER-EXPENSES>                 398,076
<LOSS-PROVISION>               9,800,000
<INTEREST-EXPENSE>             1,362,041
<INCOME-PRETAX>              (8,055,738)
<INCOME-TAX>                       0
<INCOME-CONTINUING>          (8,055,738)
<DISCONTINUED>                     0
<EXTRAORDINARY>                 (76,490)
<CHANGES>                          0
<NET-INCOME>                 (8,132,228)
<EPS-BASIC>                    (44.96)
<EPS-DILUTED>                    (44.96)




</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-1913-DR; Docket ID FEMA-2010-0002]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of New Hampshire (FEMA-1913-DR), dated May 12, 2010, and related determinations.

# DATES:

*Effective Date:*                         May 24, 2010.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Recovery Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of New Hampshire is hereby amended to include the following area among the area determined to have been adversely affected by the event declared a major disaster by the President in his declaration of May 12, 2010.

Hillsborough County for Public Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2010-13037 Filed 5-28-10; 8:45 am]

BILLING CODE 9111-23-P