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

FOR THE FIFTH CIRCUIT

No. 19-10003

ERNEST BENTON,

Petitioner-Appellant

v.

LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL 

JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,

Respondent-Appellee

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 2:16-CV-15

Before DENNIS, ELROD, and DUNCAN, Circuit Judges.

PER CURIAM:*

Ernest Benton, Texas prisoner # 1846243, has applied for a certificate of 

appealability (COA) to appeal the denial of his 28 U.S.C. § 2254 petition. 

Benton filed the § 2254 petition to challenge his jury trial convictions of 

aggravated sexual assault of a child and indecency with a child. 

To obtain a COA, a petitioner must make “a substantial showing of the 

denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell,

* 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

May 26, 2020

Lyle W. Cayce

Clerk

 Case: 19-10003 Document: 00515427690 Page: 1 Date Filed: 05/26/2020
No. 19-10003

2

537 U.S. 322, 336 (2003). If the district court denies relief on the merits, the 

petitioner must establish that reasonable jurists would find the district court’s 

assessment of the claims debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000). If relief is denied on procedural grounds, a COA should issue if the

petitioner demonstrates, at least, that jurists of reason would find it debatable 

whether the application “states a valid claim of the denial of a constitutional 

right and that jurists of reason would find it debatable whether the district 

court was correct in its procedural ruling.” Id.

In reliance on Vela v. Estelle, 708 F.2d 954 (5th Cir. 1983), Benton 

contends that the district court erred in determining that his jury misconduct 

claim was unexhausted. He argues that he can establish cause and prejudice 

to excuse the procedural default of the claim based on his trial counsel’s 

ineffective assistance with respect to the jury misconduct issue, and he asserts

that he should have been granted an evidentiary hearing. He contends that 

the district court erred by failing to liberally construe his pro se filings. Benton 

also renews his claim that the evidence was insufficient to show that he 

penetrated the sexual organ of the victim.

Benton has failed to make the requisite showing. See Slack, 529 U.S. at 

484. Accordingly, his request for a COA is DENIED. We construe Benton’s 

motion for a COA with respect to the district court’s denial of an evidentiary 

hearing as a direct appeal of that issue, see Norman v. Stephens, 817 F.3d 226, 

234 (5th Cir. 2016), and AFFIRM, see Cullen v. Pinholster, 563 U.S. 170, 181, 

185-86 (2011).

 Case: 19-10003 Document: 00515427690 Page: 2 Date Filed: 05/26/2020
EXHIBIT 32.2

SARBANES-OXLEY ACT SECTION 906 CERTIFICATION

In connection with this Report on Form 10-Q of
Foundation Coal Corporation for the period ended June 30, 2006, I, Frank J. Wood, Chief Financial Officer of Foundation Coal Corporation, hereby certify pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



|1. | This Form 10-Q for the period ended June 30, 2006 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 this Form 10-Q for the period ended June 30, 2006 fairly presents, in all material respects, the financial condition and results of operations
of Foundation Coal Corporation.
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |  |  |                        
|--------------------- |  |  |  | -----------------------
|                      |  | 
|Date: August 14, 2006 |  |  |  | /s/ FRANK J. WOOD      
|                      |  |  |  | Frank J. Wood          
|                      |  |  |  | Chief Financial Officer
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM
ITEM 7 OF FORM 10K-SB FOR THE YEAR ENDED JUNE 30, 2000 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                         0000897545
<NAME>                        EURBID.COM, INC.
<MULTIPLIER>                  1
<CURRENCY>                    U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                 12-MOS
<FISCAL-YEAR-END>             JUN-30-2000
<PERIOD-START>                JUL-1-2000
<PERIOD-END>                  JUN-30-2000
<EXCHANGE-RATE>               1
<CASH>                        9
<SECURITIES>                  0
<RECEIVABLES>                 0
<ALLOWANCES>                  0
<INVENTORY>                   0
<CURRENT-ASSETS>              17496
<PP&E>                        21634
<DEPRECIATION>                0
<TOTAL-ASSETS>                39130
<CURRENT-LIABILITIES>         1063669
<BONDS>                       0
<PREFERRED-MANDATORY>         0
<PREFERRED>                   0
<COMMON>                      136372
<OTHER-SE>                    (1160911)
<TOTAL-LIABILITY-AND-EQUITY>  39130
<SALES>                       0
<TOTAL-REVENUES>              0
<CGS>                         0
<TOTAL-COSTS>                 0
<OTHER-EXPENSES>              435171
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            0
<INCOME-PRETAX>               (419202)
<INCOME-TAX>                  0
<INCOME-CONTINUING>           (419202)
<DISCONTINUED>                0
<EXTRAORDINARY>               0
<CHANGES>                     0
<NET-INCOME>                  (419202)
<EPS-BASIC>                   (0.35)
<EPS-DILUTED>                 (0.35)



</TABLE>
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

DANIEL DAVID FERRIS,

 Appellant,

v.

THE STATE OF TEXAS,

 Appellee.

§

§

§

§

§

§ 

No. 08-18-00222-CR

Appeal from the

243rd District Court

of El Paso County, Texas 

(TC# 20170D00570) 

J U D G M E N T

The Court has considered this cause on the record and concludes there was no reversible 

error in the judgment. We therefore affirm the judgment of the court below. This decision shall be 

certified below for observance.

IT IS SO ORDERED THIS 11TH OF DECEMBER, 2020.

YVONNE T. RODRIGUEZ, Justice

Before Alley, C.J., Rodriguez, and Palafox, JJ.
[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Notices]
[Page 29590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11514]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical 
Sciences Special Emphasis Panel; Review of NIGMS Support of 
Competitive Research (SCORE) Award Applications.
    Date: July 9, 2021.
    Time: 10:00 a.m. to 6:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Natcher Building, 45 
Center Drive, Bethesda, MD 20892 (Video Meeting).
    Contact Person: Manas Chattopadhyay, Ph.D., Scientific Review 
Officer, Office of Scientific Review, National Institute of General 
Medical Sciences, National Institutes of Health, Building 45, Room 
3AN12N, 45 Center Drive, Bethesda, MD. 20892, 301-827-5320, 
<a href="/cdn-cgi/l/email-protection#dab7bbb4bba9b99ab7bbb3b6f4b4b3b2f4bdb5ac"><span class="__cf_email__" data-cfemail="b8d5d9d6d9cbdbf8d5d9d1d496d6d1d096dfd7ce">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.375, 
Minority Biomedical Research Support; 93.821, Cell Biology and 
Biophysics Research; 93.859, Pharmacology, Physiology, and 
Biological Chemistry Research; 93.862, Genetics and Developmental 
Biology Research; 93.88, Minority Access to Research Careers; 93.96, 
Special Minority Initiatives; 93.859, Biomedical Research and 
Research Training, National Institutes of Health, HHS)

    Dated: May 26, 2021.
Miguelina Perez,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2021-11514 Filed 6-1-21; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
**EXHIBIT 32.01**

 

**Section 1350 Certification**

 

**In connection with this quarterly report of ML AspectFuturesAccess LLC (the “Company”) on Form 10-Q for the period ended March 31,2006 as filed with the Securities Exchange Commission on the date hereof (this “Report”),I, Robert M. Alderman, Chief Executive Officer, President and Manager of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant ofthe Sarbanes-Oxley Act of 2002, that:**

 

1. This Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

2.The information contained in this Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

 

 
| Date:  May 15, 2006                            |
|------------------------------------------------|
|                                           |
| By                                             | /s/ ROBERT M. ALDERMAN |   |
| Robert M. Alderman                             |
| Chief Executive Officer, President and Manager |
| (Principal Executive Officer)                  |

 

----
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5459 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5459

To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to 
 include as a high-priority research and extension initiative research 
 and extension on precision agriculture workforce development, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2023

 Mr. Flood (for himself and Mr. Neguse) introduced the following bill; 
           which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to 
 include as a high-priority research and extension initiative research 
 and extension on precision agriculture workforce development, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Precision Agriculture Workforce 
Training and Development Act''.

SEC. 2. PRECISION AGRICULTURE WORKFORCE DEVELOPMENT.

    (a) High-Priority Research and Extension.--Section 1672(d) of the 
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
5925(d)) is amended by adding at the end the following:
            ``(21) Precision agriculture workforce development.--
        Research and extension grants may be made under this section 
        for the purposes of developing programs to support precision 
        agriculture student workforce training and development, in 
        partnership with public or private entities, that enhance the 
        participation of precision agriculture.''.
    (b) Agriculture and Food Research Initiative.--Subsection (b)(6) of 
the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 
3157(b)(6)) is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) to an institution that carries out programs 
                of cooperative education (as defined in section 831(b) 
                of the Higher Education Act of 1965 (20 U.S.C. 
                1161n(b))) for the purposes of improving precision 
                agriculture workforce training and development.''.
                                 <all>
```
Exhibit 99.6



CERTIFICATION
Pursuant to 18 United States Code § 1350



The undersigned hereby certifies that to his knowledge the annual report on Form 40-F of Dundee Bancorp Inc. (the Company) filed with the Securities and Exchange Commission on the date hereof fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such report fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/          Ned Goodman                                                     Name:   Ned Goodman
                                                    
Title:     Chief Executive Officer

Date:     May 16, 2003









CERTIFICATION
Pursuant to 18 United States Code § 1350



The undersigned hereby certifies that to her knowledge the annual report on Form 40-F of Dundee Bancorp Inc. (the Company) filed with the Securities and Exchange Commission on the date hereof fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such report fairly presents, in all material respects, the financial condition and results of operations of the Company.









/s/        Joanne Ferstman                                     Name:   Joanne Ferstman
                                    
Title:     Chief Financial Officer

Date:     May 16, 2003
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 40575 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
DAVID OLIVARES , Defendant

- Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:14

- CR

- 172

- 1

Before BENAVIDES, SOUTHWICK, and COSTA, Circuit Judges. PER CURIAM: * After pleading guilty, David Olivares was sentenced to consecutive prison terms of 210 months for conspiring to possess with the intent to manufacture and distribute methamphetamine and 60 months for possessing a firearm in furtherance of a drug traffickin g crime. The judgment was entered in July 2016, and he did not directly appeal. Approximately eight months later, Olivares filed a pro se, self

- styled “Motion to Run Sentences Concurrent.” He

* Pursuant to 5 TH C IR

. 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 C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED February 23, 2018 Lyle W. Cayce Clerk Case: 17-40575 Document: 00514360212 Page: 1 Date Filed: 02/23/2018No. 17

- 40575

2 now appeals from the district court’s orders denying that mot ion and denying his subsequent motion seeking reconsideration of the denial. Olivares argues that, in light of Dean v. United States , 137 S.Ct. 1170 (2017), which he desc ribes as limiting the effect of the consecutive sentencing requirement of 18 U.S.C. § 924(c), the district court abused its discretion in failing to modify his sentence so that his prison terms would run concurrently. A judgment of conviction that includes a prison sentence “constitutes a final judgment,” 18 U.S.C. § 3582(b), and a distri ct court may not correct or modify a term of imprisonment once it has been imposed, except in those specific circumstances enumerated by Congress in § 3582(b) and (c), see United States v. Bridges , 116 F.3d 1110, 1112 (5th Cir. 1997)

. Olivares does not

co ntend, and the record does not reflect, that his motion for concurrent sentences falls under any provision of § 3582 (b) or (c)

. Also, because the district court did not indicate that it was construing the motion as a 28 U.S.C. § 2255 motion, much less pro vide Olivares with the notice and warnings required before recharacterizing a pro se motion as a first § 2255 motion , the motion for concurrent sentences did not arise under § 2255. See Castro v. United States , 540 U.S. 375, 383 (2003). Olivares’ s motion for concurrent sentences was an unauthorized motion that the district court lacked jurisdiction to consider. See United States v. Early , 27 F

. 3d 140, 141

- 42 (5th Cir. 1994)

. Olivares has thus appealed from the district court’s denial of a “meanin gless, unauthorized motion” and its subsequent refusal to reconsider that denial. See id. at 142. The judgment of
t he district court is AFFIRMED. Case: 17-40575 Document: 00514360212 Page: 2 Date Filed: 02/23/2018
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10 K
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JAN-31-1997
<PERIOD-START>                             FEB-01-1996
<PERIOD-END>                               JAN-31-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                5,947,955
<ALLOWANCES>                                         0
<INVENTORY>                                 56,906,255
<CURRENT-ASSETS>                            64,746,103
<PP&E>                                      25,959,647
<DEPRECIATION>                               8,203,877
<TOTAL-ASSETS>                              96,624,016
<CURRENT-LIABILITIES>                       26,608,035
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        45,273
<OTHER-SE>                                  45,452,858
<TOTAL-LIABILITY-AND-EQUITY>                96,624,016
<SALES>                                    135,775,116
<TOTAL-REVENUES>                           135,775,116
<CGS>                                       95,267,160
<TOTAL-COSTS>                               49,457,422
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,776,244
<INCOME-PRETAX>                            (10,725,710)
<INCOME-TAX>                                (4,290,000)
<INCOME-CONTINUING>                         (6,435,710)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (6,435,710)
<EPS-PRIMARY>                                    (1.42)
<EPS-DILUTED>                                        0
        

</TABLE>
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



I, Paul A. Parisotto, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q of Blacksands Petroleum, Inc., for the fiscal quarter ended April 30, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Blacksands Petroleum, Inc.





|Date:  June 16, 2008 | By:
/s/ Paul A. Parisotto                              
|-------------------- | -------------------------------------------------------
|                     | Paul A. Parisotto 
         Principal Executive Officer
|                     |                                                        







---
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 Quarterly Report of Juma Technology, Corp. (the "Company")
      on Form 10-Q for the period ended March 31, 2008 as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), I, Anthony Fernandez,
      the Chief Financial 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:





(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.




/s/ Anthony
                FernandezAnthony
                Fernandez
              Chief
                Financial Officer




May
      14,
      2008