alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-50651

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FERNANDO GARCIA, JR.,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-96-CR-68-1

- - - - - - - - - -

December 15, 1998

Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.

PER CURIAM:*

Fernando Garcia, Jr., was convicted at a bench trial of

conspiracy to possess with intent to distribute marijuana,

possession with intent to distribute marijuana, conspiracy to

import marijuana, importing marijuana, and carrying a firearm

during and in relation to a drug trafficking crime. He appeals

his conviction, challenging the district court’s denial of his

motions to suppress the physical evidence found at the time of

his arrest and to suppress his confession. Specifically, Garcia

contends that he was subjected to an investigatory detention in 
No. 97-50651 

-2-

violation of his Fourth Amendment rights because Border Patrol

Agents had no reasonable suspicion of illegal activity when they

stopped his vehicle.

The totality of the circumstances shows that, prior to

stopping Garcia’s vehicle, the Border Patrol was aware of

specific articulable facts, together with rational inferences

from those facts, that reasonably warranted suspicion that

Garcia’s truck was involved in illegal activities. See United

States v. Brignoni-Ponce, 422 U.S. 873, 884 (1975). The district

court did not err in denying Garcia’s motion to suppress.

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>
This schedule contains summary financial information extracted
from the Consolidated Balance Sheet at September 30, 1999
(Unaudited) and the Consolidated Statement of Operations for the
nine months ended September 30, 1999 (Unaudited) and is qualified
in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>            1,000

<S>                                        <C>
<PERIOD-TYPE>                              9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           1,297
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 1,713
<PP&E>                                          40,701
<DEPRECIATION>                                  17,035
<TOTAL-ASSETS>                                  26,676
<CURRENT-LIABILITIES>                            1,629
<BONDS>                                         20,449
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       4,598
<TOTAL-LIABILITY-AND-EQUITY>                    26,676
<SALES>                                              0
<TOTAL-REVENUES>                                 6,052
<CGS>                                                0
<TOTAL-COSTS>                                    3,222
<OTHER-EXPENSES>                                 1,329
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,274
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       619
<EPS-BASIC>                                    25.90
<EPS-DILUTED>                                    25.90


</TABLE>
**Exhibit 32.1**CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002     The certification set forth below is being submitted in connection with the QuarterlyReport on Form 10-Q of American Shared Hospital Services for the quarterly period ended March 31,2006 (the “Report”) for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of theSecurities Exchange Act of 1934 (the “Exchange Act”) and Section 1350 of Chapter 63 of Title 18 ofthe United States Code.     Ernest A. Bates, M.D., the Chief Executive Officer and Craig K. Tagawa, the Chief FinancialOfficer of American Shared Hospital Services, each certifies that, to the best of his knowledge:     1. the Report fully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and     2. the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of American Shared Hospital Services.May 15, 2007         /s/ Ernest A. Bates, M.D.   Ernest A. Bates, M.D.   Chief Executive Officer       /s/ Craig K. Tagawa   Craig K. Tagawa   Chief Financial Officer
EXHIBIT 23.1

                          Independent Auditors' Consent

To the Board of Directors and Shareholders of Footstar, Inc.:

We consent to incorporation by reference in the registration statements (No.
33-20731 and No. 33-30011) on Form S-8 of Footstar, Inc. of our report dated
February 8, 2000, relating to the consolidated balance sheets of Footstar, Inc.
and Subsidiary Companies as of January 1, 2000 and January 1, 1999 and the
related consolidated statements of operations, shareholders' equity and
comprehensive income and cash flows for each of the years in the three-year
period ended January 1, 2000 and the related schedule, which report appears or
is incorporated by reference in the January 1, 2000 annual report on Form 10-K
of Footstar, Inc.

/s/ KPMG LLP

Short Hills, NJ
March 31, 2000
CHASE



                        SERVICER COMPLIANCE STATEMENT


RE. CMLTI 2006-HE3: The Pooling and Servicing Agreement by and among
      Countrywide Home Loan Servicing LP as Servicer, J.P. Morgan Chase Bank,
      NA c/o CHF LLC as Servicer, Ocwen Loan Servicing, LLC as Servicer, Wells
      Fargo Bank, NA as Servicer, U.S. Bank, NA as Trustee, Citibank, NA as
      Trustee Administrator, Citigroup Mortgage Loan Trust Inc. as Depositor,
      and JPMorgan Chase Bank NA as Servicer (the "Agreement")


The undersigned, a duly authorized officer of JPMorgan Chase Bank, National
Association, as servicer (the "Servicer") pursuant to the CMLTI 2006 HE3 (the
"Agreement"), does hereby certify that:

             (1)   A review of the activities of the Servicer during the
calendar year ending December 31, 2006 and of the performance of the Servicer
under the Agreement has been made under my supervision; and

             (2)   To the best of my knowledge, based on such review, the
Servicer has fulfilled all its obligations under the Agreement in all material
respects throughout such year.


Date: 02/28/2007
                                             JPMorgan Chase Bank
                                             National Association
                                             As Servicer

                                             By:/s/ David Lowman
                                             ---------------------
                                             Name: David Lowman
                                             Title: Executive Vice President
Opinion issued January 19, 2023

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-22-00733-CV

———————————

GI-IBF HOLDING COMPANY, LLC; PAVE/LOCK/PLUS II, LLC; TRS 

DISTRIBUTION II LLC; AND TED A. GILLIS, Appellants

V.

JP MORGAN CHASE BANK, N.A., Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Case No. 2019-33112

MEMORANDUM OPINION

Appellants have filed a motion to dismiss their appeal because they no longer 

wish to pursue this appeal. See TEX. R. APP. P. 10.3(a)(2), 42.1(a)(1). No opinion 

has issued. See TEX.R. APP. P. 42.1(c). Further, although appellantsfailed to include 

a certificate of conference in its motion, appellants’ motion includes a certificate of 
2

service, more than 10 days have passed since the motion was filed, and no party has 

responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as moot. 

PER CURIAM

Panel consists of Justices Goodman, Hightower, and Guerra.
[No. 23799.

*En Banc.*

June 6, 1933.]

#### Great Western Theatre Equipment, Inc., *Respondent,*v. First National Bank of Montesano *et al., Appellants.*
      *2*

*B. G. Cheney*and O. *M. Nelson,*for appellants.

*Frank S. Griffith,*for respondent.

Reported in 22 P. (2d) 1120.

On Rehearing.

Per Curiam.

Upon a rehearing *En Banc,*a majority of the court adheres to the Departmental opinion heretofore filed herein, and reported in 170 Wash. 241, 16 P. (2d) 459.
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**Exhibit 32.2**

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, ASADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Annual Report of CardioTechInternational, Inc., a Massachusetts corporation (the “Company”), on Form 10-K/Afor the fiscal year ended March 31, 2007, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Eric G. Walters, thechief financial officer of the Company, hereby certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that, to the best of my knowledge:

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

(2)      Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
|                          | /s/ ERIC G. WALTERS                        |
|--------------------------|--------------------------------------------|
|                     | Eric G. Walters                            |
|                     | Vice President and Chief Financial Officer |
| Date: July 26, 2007 |                                       |

 

This certificationaccompanies each report of the Company on Form 10-Q and Form 10-K pursuant to§906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extentrequired by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company forpurposes of §18 of the Securities Exchange Act of 1934, as amended.

A signed original of thiswritten statement required by §906 has been provided to the Company and will beretained by the Company and furnished to the Securities and Exchange Commissionor its staff upon request..

----
Exhibit






AMENDMENT TO COMMON STOCK PURCHASE WARRANT


This Amendment to Common Stock Purchase Warrant (this “Amendment”), dated as of February 17, 2016, is being entered into by and between Digital Turbine USA, Inc. (f/k/a Digital Turbine, Inc.), a Delaware corporation (the “Company”), and North Atlantic SBIC IV, L.P., a Delaware limited partnership (the “Registered Holder”).   Capitalized terms used in this Amendment without definition have the respective definitions ascribed to them in the Warrant (as defined below).


WHEREAS, the Company, Digital Turbine Media, Inc. (f/k/a Appia, Inc.) and the Registered Holder have executed and delivered that certain Securities Purchase Agreement (the “Purchase Agreement”), dated as of March 6, 2015; and


WHEREAS,  pursuant  to  the  Purchase  Agreement,  the  Company  and  the  Registered Holder have agreed to amend that certain Common Stock Purchase Warrant (the “Existing Warrant”), dated as of March 6, 2015, issued by the Company and delivered to the Registered Holder, in the manner provided in this Amendment (the Existing Warrant, as so amended, the “Warrant”).


NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:


Section 1.       AMENDMENT  TO WARRANT.     The Existing Warrant is amended by replacing the reference to “twelve (12)” in Section 1 thereof to “fourteen (14)”.


Section 2.       MISCELLANEOUS.


(A)      Generally.    Sections  15  and  16  of  the  Existing  Warrant  will  apply  to  this
Amendment as if the same were reproduced in this Amendment, mutatis mutandis.


(B)      Affirmation of Warrant.  The parties hereby affirm all provisions of the Existing
Warrant as amended by this Amendment.




[Remainder of Page Intentionally Left Blank; Signature Page Follows]








The parties hereto have executed this Amendment as of the date first written above.


	
		
	DIGITAL TURBINE USA, INC.

	 
	 

	By:
	

	Name:
	Andrew Schleimer

	Title:
	CFO, Digital Turbine, Inc.






	
		
	NORTH ATLANTIC SBIC IV, L.P.

	 
	 

	By:
	North Atlantic Investors SBIC IV, LLC 
General Partner 

	By:
	

	Name:
	David M. Coit

	Title:
	Managing Director






















































[Signature Page to Amendment to Common Stock Purchase Warrant]
Exhibit 23.2









CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM









As independent registered public accountants, we hereby consent to the incorporation by reference of our report dated July 1, 2010 relating to the consolidated financial statements of AdvanSource Biomaterials Corporation as of and for the year ended March 31, 2010, included in this Form 10-K, into the Company’s previously filed Registration Statements on Form S-8 (File Nos. 333-149341, 333-149342, 333-149343, 333-117594, 333-106607 and 333-05893), Form SB-2 (File No. 333-122123), Form S-3 (File Nos. 333-110779 and 333-72223), and Form S-4 (File No. 333-102115).














/s/ CATURANO AND COMPANY, INC.




Boston, Massachusetts


July 14, 2011
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                             736
<INT-BEARING-DEPOSITS>                           1,412
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     11,443
<INVESTMENTS-CARRYING>                          20,462
<INVESTMENTS-MARKET>                            20,365
<LOANS>                                         76,545
<ALLOWANCE>                                        307
<TOTAL-ASSETS>                                 114,640
<DEPOSITS>                                      83,821
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                911
<LONG-TERM>                                     14,477
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         8,208
<OTHER-SE>                                       7,222
<TOTAL-LIABILITIES-AND-EQUITY>                 114,640
<INTEREST-LOAN>                                  5,078
<INTEREST-INVEST>                                1,579
<INTEREST-OTHER>                                    91
<INTEREST-TOTAL>                                 6,748
<INTEREST-DEPOSIT>                               3,407
<INTEREST-EXPENSE>                               3,683
<INTEREST-INCOME-NET>                            3,065
<LOAN-LOSSES>                                       44
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  3,104
<INCOME-PRETAX>                                    215
<INCOME-PRE-EXTRAORDINARY>                         215
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       146
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    6.93
<LOANS-NON>                                        341
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<ALLOWANCE-OPEN>                                   287
<CHARGE-OFFS>                                       24
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  307
<ALLOWANCE-DOMESTIC>                               241
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                             66
        

</TABLE>
Case: 19-30088    Doc# 1670    Filed: 04/25/19    Entered: 04/25/19 07:44:05    Page 1 of2

Case: 19-30088    Doc# 1670    Filed: 04/25/19    Entered: 04/25/19 07:44:05    Page 2 of2
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

STATE FARM COUNTY MUTUAL

INSURANCE COMPANY OF TEXAS

,

Appellant

,

v.

ADEL MONTES AND JESUS MONTES

,

Appellee

. §

§

§

§

§

§

§

§ No. 08

- 1 5

- 00 166

- C V

Appeal from the

County Court at Law No. 5

of El Paso C ounty, Texas

(TC# 2013

- DCV2524 )

O R D E R

The Court GRANTS the Appellees ’ third motion for extension of time within which to

file the brief until October 1 3 , 2015. NO FURTHER MOTIONS FOR EXTENSION OF TIME

TO F ILE THE APPELLEES ’ B R IEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. J

. Roberto Oaxaca

, the Appellees ’ attorney, prepare

the Appellees ’ brief and forward the same to this Court on or before October 13

, 2015

.

IT IS SO ORDERED this 2 nd day of October , 20 1 5

.

PER CURIAM

Before McClure , C.J., R odriguez and Hughes , JJ.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

November 29, 2005 Clifford W. Taylor, Chief Justice
127944 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 127944 COA: 255138 Oakland CC: 97-156405-FC QUAMAIN LARILA TEFAI SPANN, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal th e December 16, 2004 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).

s1121 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 29, 2005

Clerk