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

No. 19

- 11165 Conference Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Joshua David Lane,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18

- CR

- 6

- 1

Before **Graves, Willett,** and **Duncan,** Circuit Judges

**. Per Curiam**  **:** *

The attorney appointed to represent Joshua David Lane 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). Lane has filed a response. The reco rd is not sufficiently developed

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED September 29, 2020
Lyle W. Cayce Clerk Case: 19-11165 Document: 00515582392 Page: 1 Date Filed: 09/29/2020No. 19

- 11165

2 to allow us to make a fair evaluation of Lane ’s claims of ineffective assistance of counsel; we therefor e decline to consider the claims without prejudice to
collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s b rief and the relevant portions of the record reflected therein, as well as Lane ’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is
**GRANTED** , counsel is excused from further responsibilities herein, Lane’s motion for appointment of counsel is **DENIED** , and the **APPEAL IS**
**DISMISSED**

. See **5 TH**  **C IR** 

**. R** 

. 42.2. Case: 19-11165 Document: 00515582392 Page: 2 Date Filed: 09/29/2020
#### Brian WILSON, Appellant, v. STATE of Missouri, Respondent.

No. WD 40618.

Missouri Court of Appeals, Western District.

Dec. 20, 1988.

John Klosterman, Columbia, for appellant.

William L. Webster, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

Before LOWENSTEIN, P.J., and TURNAGE and COVINGTON, JJ.

ORDER

PER CURIAM.

Appeal from denial of Rule 27.26 motion for post-conviction relief.

AFFIRMED. Rule 84.16(b).
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

September 17, 2019

RE: Product Exclusion Request Number USTR-2018-0025-5310

United Scope LLC: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/%2434_Billion_Exclusions_Gr

anted_September.pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                             657
<SECURITIES>                                         0
<RECEIVABLES>                                    6,477
<ALLOWANCES>                                     1,341
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 7,296
<PP&E>                                           2,814
<DEPRECIATION>                                   2,811
<TOTAL-ASSETS>                                  29,514
<CURRENT-LIABILITIES>                           29,129
<BONDS>                                          2,039
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            63
<OTHER-SE>                                     (1,862)
<TOTAL-LIABILITY-AND-EQUITY>                    29,514
<SALES>                                         32,606
<TOTAL-REVENUES>                                32,606
<CGS>                                           16,413
<TOTAL-COSTS>                                   19,516
<OTHER-EXPENSES>                                    50
<LOSS-PROVISION>                                 2,024
<INTEREST-EXPENSE>                               2,229
<INCOME-PRETAX>                                (6,220)
<INCOME-TAX>                                     (770)
<INCOME-CONTINUING>                            (5,450)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,613)
<EPS-PRIMARY>                                   (0.95)
<EPS-DILUTED>                                   (0.95)


</TABLE>
Exhibit 99.2

 

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 Annual Report of Diametrics Medical, Inc. (the“Company”) on Form 10-K for the year ended December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, David B. Kaysen, Chief Executive Officer of the Company, certify, pursuant to18 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 inthe Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
<PAGE>
 
                                  EXHIBIT 11

                STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS
<PAGE>
 
             COMPUTATION OF EARNINGS AND COMMON SHARE EQUIVALENTS
                       for the Year Ended March 31, 1997
                                  (unaudited)

Primary Earnings Per Share:
---------------------------

Net income applicable to common stock ............................  $  774,773
                                                                    ==========
Weighted average number of common shares outstanding .............     819,952

Common shares issuable under employee stock option plan ..........      74,639

Less shares assumed repurchased with proceeds ....................     (42,619)
                                                                    ----------
    Weighted average common shares outstanding ...................     851,972
                                                                    ==========
    Primary earnings per common share ............................  $     0.91
                                                                    ==========
Fully Diluted Earnings Per Share:
---------------------------------

Net income applicable to common stock ............................  $  774,773

Interest on convertible subordinated debentures, net of tax ......     691,962
                                                                    ----------
Net income, adjusted .............................................  $1,466,735
                                                                    ==========
Weighted average common share and common share 
 equivalents outstanding .........................................     851,972

Weighted average common share issuable with the 
 conversion of debentures to common stock ........................     559,256
                                                                    ----------
    Weighted average common shares and 
     common share equivalents ....................................   1,411,228
                                                                    ==========
    Fully diluted earnings per common share/(1)/ .................  $     1.04
                                                                    ==========

(1)  Fully diluted earnings per share are not disclosed on the face of the
     consolidated statement of income as they are anti-dilutive.
[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Notices]
[Page 17341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8378]



-----------------------------------------------------------------------


DEPARTMENT OF DEFENSE

USAF Scientific Advisory Board Meeting

    The USAF Scientific Advisory Board's Spring General Membership 
Meeting (New World Vistas Workshop) will meet on 2-5 May 1995 at 
Maxwell AFB, AL from 0800 to 5 p.m.
    The purpose of the meeting is to fulfill the yearly Spring general 
membership requirement and to provide information and insight into the 
challenging agenda issues as set forth in Spacecast 20/20 and New World 
Vistas.

    The meeting will be closed to the public in accordance with Section 
552b of Title 5, United States Code, specifically subparagraphs (1) and 
(4) thereof.

    For further information, contact the Scientific Advisory Board 
Secretariat at (703) 697-8845.

Patsy J. Conner,

Air Force Federal Register Liasion Officer.

[FR Doc. 95-8378 Filed 4-4-95; 8:45 am]
BILLING CODE 3910-01-P
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4339

SPM Flow Control, Inc. DBA Weir SPM:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
UN PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18

- 1407

ROMULO HERNANDEZ ARGUETA , Petitioner ,

v. JEFFERSON B. SESSIONS III, Attorney General , Respondent

.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted : August 23 , 2018 Decided: August 27, 2018

Before DUNCAN and FLOYD , Circuit Judges , and HAMILTON , Senior Circuit Judge

.

Petition dismissed by un published per curiam opinion

.
Romulo Hernandez Argueta, Petitioner Pro Se. Jonathan Kevin Ross, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Romulo Hernandez Argue ta , a native and ci tizen of El Salvador, petitions for

review of the Board of Immigration Appeals’ order dismissing his appeal from the immigration judge’s de nial of his applications for withholding of removal and protection under the Convention Against Torture. We dismiss the petition for review for lack of jurisdiction because it was un timely filed.

“ T he petition for review must be filed not later than 30 days after the date of the final order of removal.” 8 U.S.C. § 1252(b)(1) (2012). This time period is “jurisdictional in nature and must be construed with strict fidelity to [its] terms.” Stone v. INS , 514 U.S. 386, 405 (1995). It is “not subject to equitable tolling.” Id.

The Board’s decision was issued on March 1, 2018. Pursuant to 8 U.S.C. § 1252(b)(1) , Hernande z Argueta had thirty days, or until Monday, April 2, 2018, to timely file the petition for review. See Fed. R. App. P. 26( a )( 1 ) (C). Hernandez

A rgue ta ’s petition for review, which was filed at the earliest on April 9, 2018, is clearly untimely. Accordingly, we dismiss the petition for review for lack of jurisdiction. 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.
PETITION DISMISSED
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information
extracted from the Registrant's audited financial
statements for the quarter ended December 31, 1996 and is
qualified in its entirety by reference to those financial
statements.
</LEGEND>

<CIK> 0000895993
<NAME> RIDGEWOOD ELECTRIC POWER TRUST II
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                               0
<SECURITIES>                                16,118,582<F1>
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         331,018
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              16,466,241
<CURRENT-LIABILITIES>                          112,482
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  16,353,759<F2>
<TOTAL-LIABILITY-AND-EQUITY>                16,466,241
<SALES>                                              0
<TOTAL-REVENUES>                             2,371,748
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               401,347
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,970,401
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,970,401
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,970,401
<EPS-PRIMARY>                                    8,371
<EPS-DILUTED>                                    8,371
<FN>
<F1>Investments in power project partnerships.
<F2>Represents Investor Shares of beneficial interest
in Trust with capital accounts of $16,391,464 less
managing shareholder's accumulated deficit of $37,705.
</FN>
        

</TABLE>
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 Magal Security System Ltd. (the
"Company") on Form 20-F for the period ending December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Raya Asher, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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
Company.


/s/ Raya Asher *
----------------
Raya Asher
Chief Financial Officer

June 29, 2004


* The originally executed copy of this Certification will be maintained at the
Company's offices and will be made available for inspection upon request.
Exhibit 99.4

                            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 Magal Secuirity System Ltd. (the
"Company") on Form 20-F for the period ending December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Raya Asher, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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
Company.


/s/ Raya Asher
----------------------------
Raya Asher
Chief Financial Officer

June 27, 2003

*     The originally executed copy of this Certification will be maintained at
      the Company's offices and will be made available for inspection upon
      request.
Presidential Documents

2671

Federal Register

Vol. 60, No. 7

Wednesday, January 11, 1995

Title 3—

The President

Presidential Determination No. 95–11 of December 30, 1994

Determination Pursuant to Section 2(b)(2) of the Migration

and Refugee Assistance Act of 1962, as Amended

Memorandum for the Secretary of State

Pursuant to section 2(b)(2) of the Migration and Refugee Assistance Act

of 1962, as amended, 22 U.S.C. 2601(b)(2), I hereby designate refugees and

displaced persons from the Newly Independent States of the former Soviet

Union as qualifying for assistance under section 2(b)(2) of the Act, and

determine that such assistance will contribute to the foreign policy interests

of the United States.

You are authorized and directed to inform the appropriate committees of

the Congress of this determination and to publish this determination in

[FR Doc. 95–844

the 

THE WHITE HOUSE,

Washington, December 30, 1994.

Federal Register.

œ–

Filed 1–9–95; 3 pm]

Billing code 4710–10–M
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

 v.

GARY WHITE, AKA Big J-Killa, AKA

Big Killa, AKA JC, AKA James Cail

White, AKA JC White, 

Defendant-Appellant.

No. 16-50113

D.C. No. 

2:10-cr-00923-SJO-1

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

S. James Otero, District Judge, Presiding

Argued and Submitted August 8, 2017

Pasadena, California

Before: REINHARDT, KOZINSKI and CHRISTEN, Circuit Judges.

1. “[T]he district court may not contradict an affirmative finding by the

jury.” United States v. Pimentel-Lopez, 859 F.3d 1134, 1143 (9th Cir. 2016) (as

FILED

OCT 12 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.
page 2

amended). The district court here erred by sentencing White based on a higher

drug weight than the jury found in its special verdict. See id. at 1140. 

2. The district court also erred by relying on evidence outside the record

without notifying White in advance. See United States v. Warr, 530 F.3d 1152,

1162–63 (9th Cir. 2008). 

VACATED AND REMANDED.
Exhibit 99.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

The undersigned certify, pursuant to 18 U.S.C. § 1350 as adopted by § 906 of the Sarbanes-Oxley Act of 2002, that:

(1)   the
Annual Report on Form 10-K of Firstwave Technologies, Inc. (the "Company") for the annual period ended December 31, 2002 (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.

|Dated: June 6, 2003 |  | /s/RICHARD T. BROCKRichard T. Brock
Chief Executive Officer
|------------------- |  | -----------------------------------------------------------
|                    |  |                                                            
|                    |  |                                                            
|Dated: June 6, 2003 |  | /s/JUDITH A. VITALEJudith A. Vitale
Chief Financial Officer

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

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