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this opinion should not be published and is not precedent except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.

1

United States Court of Appeals

Fifth Circuit

FILED

July 2, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40364

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAIME SEQUEDA MORTERA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:04-CR-822-ALL

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

ON REMAND FROM

THE SUPREME COURT OF THE UNITED STATES

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

Mr. Mortera pleaded guilty to the charge of attempted

illegal re-entry in violation of 8 U.S.C. § 1326 and was
2

sentenced to 21 months of imprisonment, followed by three

years of supervised relief. We previously affirmed his

sentence. United States v. Mortera, 169 Fed. Appx. 203

(5th Cir. 2006). The Supreme Court has vacated and

remanded the case for reconsideration in light of Lopez

v. Gonzalez, 127 S.Ct. 625 (2006). Gutierrez-Tovar et

al. v. United States, 127 S.Ct. 828 (2006). Following the

Supreme Court's remand, we requested and received

supplemental letter briefs from both parties regarding

the impact of Lopez.

Mr. Mortera has since completed his term of

imprisonment; counsel concedes his removal. His appeal

is therefore moot, according to binding circuit

precedent. United States v. Rosenbaum-Alanis, 483 F.3d

381, 383 (5th Cir. 2007) (“Because the defendant has been

deported . . . and is legally unable, without permission

of the Attorney General, to reenter the United States to

be present for a resentencing proceeding as required by

Rule 43, there is no relief we are able to grant him and

his appeal is moot.”). We therefore DISMISS the appeal as

to the judgment of sentence. We AFFIRM the judgment of
3

conviction; Mr. Mortera’s arguments in that regard remain

foreclosed by Almendarez-Torres v. United States, 523

U.S. 224 (1998).
Exhibit 23.1  CONSENT OF
INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM  We
consent to the incorporation by reference in the Registration Statements on Form S-8
(Nos. 333-30024, 333-34810, 333-39456, 333-96553, 333-108065, 333-126004,
333-133870, 333-133871), Form S-3 (Nos. 333-59456, 333-48100,
333-138600) and Form S-4 (No. 333-131541) of EarthLink, Inc. and
in the related Prospectuses of our reports dated February 26, 2009, with
respect to the consolidated financial statements of EarthLink, Inc. and
the effectiveness of internal control over financial reporting of EarthLink, Inc.
included in this Annual Report (Form 10-K) for the year ended December 31,
2008.  /s/ Ernst & Young LLP  Atlanta, Georgia February 26, 2009
```
[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Notices]
[Pages 19095-19096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10738]

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

NUCLEAR REGULATORY COMMISSION

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Nuclear Regulatory Commission.

[[Page 19096]]

DATE: Weeks of April 29, May 6, 13, and 20, 1996.

PLACE: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, 
Maryland.

STATUS: Public and Closed.

MATTERS TO BE CONSIDERED:

Week of April 29

Friday, May 3

11:30 a.m.
    Affirmation Session (Public Meeting)
    a. Final Rulemaking on ``Environmental Review for Renewal of 
Nuclear Power Plant Operating Licenses,'' 10 CFR Part 51
    b. Final Amendment to 10 CFR Part 30 Relating to the Frequency 
of Emergency Planning Exercises at Nuclear Power Plants
    (Contact: Andrew Bates, 301-415-1963)
2:00 p.m.
    Meeting with ACMUI and Dr. Robert Adler on Recommendations of 
NAS Report on Review of Medical Use Program (Public Meeting)
    (Contact: Larry Camper, 301-415-7231)

Week of May 6--Tentative

Friday, May 10

10:00 a.m.
    Briefing on Severe Accident Master Integration Plan (Public 
Meeting)
    (Contact: Themis Speis, 301-415-6802)
11:30 a.m. Affirmation Session (Public Meeting) (if needed)

Week of May 13--Tentative

Monday, May 13

2:00 p.m.
    Briefing by Commonwealth Edison (Public Meeting)

Wednesday, May 15

2:00 p.m.
    Briefing on Performance Assessment Program in HLW, LLW, and SDMP 
(Public Meeting)
    (Contact: Norman Eisenberg, 301-415-7285)
3:30 p.m.
    Affirmation Session (Public Meeting) (if needed)

Week of May 20--Tentative

Wednesday, May 22

10:00 a.m.
    Briefing on Status of NRC Operator Licensing Initial Examination 
Pilot Process (Public meeting)
    (Contact: Staurt Richards, 301-415-1031)
11:30 a.m.
    Affirmation Session (Public Meeting) (if needed)
2:00 p.m.
    Briefing by International Programs (Closed--Ex. 1)

Friday, May 24

9:30 a.m.
    Meeting with Advisory Committee on Reactor Safeguards (ACRS) 
(Public Meeting)
    (Contact: John Larkins, 301-415-7360)

    The Schedule for Commission meetings is subject to change on short 
notice. To verify the status of meetings call (Recording). (301) 415-
1292.

CONTACT PERSON FOR MORE INFORMATION: Bill Hill (301) 415-1661.

    This notice is distributed by mail to several hundred 
subscribers; if you no longer wish to receive it, or would like to 
be added to it, please contact the Office of the Secretary, Attn: 
Operations Branch, Washington, D.C. 20555 (301-415-1963).
    In addition, distribution of this meeting notice over the 
internet system is available. If you are interested in receiving 
this Commission meeting schedule electronically, please send an 
electronic message to [email protected] or [email protected].

    Dated: April 15, 1996.
Andrew L. Bates,
Senior Level Advisor, Office of the Secretary.
[FR Doc. 96-10738 Filed 4-26-96; 10:45 am]
BILLING CODE 7590-01-M
```
```
[Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
[Notices]
[Page 19024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9217]

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

DEPARTMENT OF COMMERCE
International Trade Administration

Textile Exporters' Forum; Notice of Open Meeting

    A Textile Exporters' Forum will be held on April 27, 1995. The 
meeting will be from 2 p.m. to 4 p.m. in the Main Conference Room on 
the sixth floor at the office of Milliken & Company, 1045 6th Avenue, 
New York, New York.
    The Forum is sponsored by the Department of Commerce to discuss 
textile and apparel export issues.
    Agenda: The Textile Export Management Company (TEXPORT) and working 
with Export Trading Companies; the status of Electronic Sourcing for 
the Textile and Apparel Industry; the Economic Outlook for the Textile 
and Apparel Industry; and the Office of Textiles and Apparel Export 
Expansion Program.
    The meeting will be open to the public with a limited number of 
seats available. For further information or copies of the minutes, 
contact William Dawson (202/482-5155).
    Dated: April 10, 1995.
Rita D. Hayes,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 95-9217 Filed 4-13-95; 8:45 am]
BILLING CODE 3510-DR-F
```
EXHIBIT 10.1
                                                                    ------------

                                          Name of Investor:_____________________

Addendum to subscription agreement dated July 1, 2006

Element 21 Golf Company
200 Queens Quary East, Unit 1
Toronto, Ontario, Canada,  M5J2L4


The undersigned ("Investor") agrees to amend paragraph 4(i) of the subscription
agreement as follows:

         (i)      The Company will not use any of the proceeds of the Investors
                  investment in the Securities to pay off any outstanding
                  indebtedness of the Company evidenced by those certain
                  convertible promissory notes of the Company issued between
                  February 2006 and the date hereof (the "Promissory Notes").
                  The Company will use its commercially reasonable efforts to
                  cause the holders of each of the Promissory Notes to elect to
                  convert such Promissory Notes into shares of Common Stock. The
                  Investor shall be under no obligation to advance the Remaining
                  Investment Amount if the Company shall fail to convert at
                  least 0% of aggregate outstanding principal amount of the
                  Promissory Notes into Common Stock prior to November 30, 2006.

The effect of this amendment shall be to remove any preconditions to the
Investment of $1,000,000 by November 30, 2006 as more fully described in
paragraph 2(b) of the subscription agreement.

Signed

________________________________________________________________________________


Date

________________________________________________________________________________


Witness                                     Witness

_________________________________           ____________________________________
Order entered June 25 , 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 13
- 00020
- CR STEPHEN LEN HEJNY, Appellant
V. THE STATE OF TEXAS, Appellee On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F12
- 58342
- S 

### O RDER
The Court REINSTATES the appeal. On March 26, 2013, this Court ordered the trial court to make findings regarding why appellant’s brief has not been filed. Although the findings were due within thirty days, to date we hav e not received the findings, appellant’s brief, or a response to either of two letters sent to the trial court inquiring about the status of the findings. The appeal cannot proceed until the issue of appellant’s brief is resolved. Accordingly, this Court ORDERS the Honorable Andy Chatham, Presiding Judge of the 282nd Judicial District to conduct a hearing to determine why appellant’s brief has not been filed. In this regard, the Honorable Andy Chatham shall make appropriate findings and recommendations an d determine whether appellant desires to prosecute the appeal, whetherappellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See
T EX
. R. A PP
. P. 38.8( b ). If the Honorable Andy Chatham cannot obtain appellant’s pres ence at the hearing, t he Honorable Andy Chatham shall conduct the hearing in appellant’s absence. See Meza v. State , 742 S.W.2d 708 (Tex. App.

– Corpus Christi 1987, no pet.) (per curiam). If appellant is indigent, the Honorable Andy Chatham is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel.
We ORDER the Honorable Andy Chatham to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Andy Chatham, Presiding Judge, 282nd Judicial District Court, and to counsel for all parties. This appeal is ABATED to allow the Honorable Andy Chatham to comply with the above order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.

/s/ LANA MYERS JUSTICE
[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Notices]
[Pages 30461-30462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11975]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION


Notice of Agreements Filed

    The Commission hereby gives notice of the filing of the following 
agreements under the Shipping Act of 1984. Interested parties may 
submit comments, relevant information, or documents regarding the 
agreements to the Secretary by email at <a href="/cdn-cgi/l/email-protection#dd8eb8beafb8a9bcafa49dbbb0bef3bab2ab"><span class="__cf_email__" data-cfemail="3d6e585e4f58495c4f447d5b505e135a524b">[email protected]</span></a>, or by mail, 
Federal Maritime Commission, Washington, DC 20573. Comments will be 
most helpful to the Commission if received within 12 days of the date 
this notice appears in the Federal Register. Copies of agreements are 
available through the Commission's website (www.fmc.gov) or by 
contacting the Office of Agreements at (202)-523-5793 or 
<a href="/cdn-cgi/l/email-protection#b2c6c0d3d6d7d3dcd3decbc1dbc1f2d4dfd19cd5ddc4"><span class="__cf_email__" data-cfemail="3743455653525659565b4e445e4477515a5419505841">[email protected]</span></a>.
    Agreement No.: 201361.
    Agreement Name: Port of Los Angeles Data Delivery Agreement.
    Parties: The City of Los Angeles Harbor Department, acting by and 
through the Executive Director of its Harbor Department; PierPASS LLC, 
APMT Terminals Pacific Ltd.; Fenix Marine Services, Ltd.; Everport 
Terminal Services, Inc.; Trapac LLC; West Basin Container Terminal LLC; 
and Yusen Terminals LLC.
    Synopsis: The agreement authorizes terminals who are tenants of the 
Port of Los Angeles to provide the Port with truck data from the 
tenants' terminal gate transactions. The parties request expedited 
review.
    Proposed Effective Date: 7/17/2021.
    Location: https://www2.fmc.gov/FMC.Agreements.Web/Public/AgreementHistory/43505.


[[Page 30462]]


    Dated: June 3, 2021.
Rachel E. Dickon,
Secretary.
[FR Doc. 2021-11975 Filed 6-7-21; 8:45 am]
BILLING CODE 6730-02-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Notices]
[Page 18409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10152]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Fuel Filtration Cooperative Research Program

    Notice is hereby given that, on February 29, 1996, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. Sec. 4301 et seq. (``the Act''), Southwest Research 
Institute (``SwRI'') has filed written notifications simultaneously 
with the Attorney General and the Federal Trade Commission disclosing 
the extension of the period of performance. The notifications were 
filed for the purpose of extending the Act's provisions limiting the 
recovery of antitrust plaintiffs to actual damages under specified 
circumstances. Specifically, the period of performance was extended to 
July 15, 1995.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and SwRI intends to file additional 
written notification disclosing all changes in membership.
    On October 5, 1994, SwRI filed its original notification pursuant 
to Section 6(a) of the Act. The Department of Justice published a 
notice in the Federal Register pursuant to Section 6(b) of the Act on 
December 30, 1994, (59 FR 67733-34).
    The last notification was filed with the Department on May 4, 1995. 
A notice was published in the Federal Register pursuant to Section 6(b) 
of the Act on February 23, 1996, (61 FR 7020).
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 96-10152 Filed 4-24-96; 8:45 am]
BILLING CODE 4410-01-M
INDEPENDENT AUDITORS' CONSENT

The Board of Directors
Esquire Communications Ltd.:

We consent to incorporation by reference in the registration statement (No.
333-33629) on Form S-8 of Esquire Communications Ltd. of our report dated March
26, 1999 relating to the balance sheet of Esquire Communications Ltd. as of
December 31, 1998 and the related statements of operations, stockholders'
equity, and cash flows for each of the years in the two-year period ended
December 31, 1998, which report appears in the December 31, 1999 annual report
on Form 10-K of Esquire Communications Ltd.


                                        KPMG LLP

San Diego, California
April 13, 2000
**EXHIBIT 32.1**

Certification Required by 18 U.S.C. Sec. 1350         (Section 906 of the Sarbanes-Oxley Act of 2002) 

In connection with the filing by Assure Data, Inc. (the "Company") of the Quarterly Report on Form 10-Q for the period ending September 30, 2009 (the "Report"), the undersigned hereby certifies: 

> 
1. The Report fully complies with the requirements of Section 13(a) and 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 respects, the financial condition and results of operations of the Company. 

| Date: November 12, 2009 |   |   |                                                  |   |   |
|-------------------------|--------|--------|--------------------------------------------------|--------|--------|
|                         |   |   | /s/ Robert Lisle                                 |   |   |
|                         |   |   | Robert Lisle, Chief Executive Officer  |   |   |
|                         |   |   | and Chief Financial and Accounting               |   |   |
|                         |        |        | Officer and President                            |        |        |
---

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 

I, Terry Fields, hereby 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 Quarterly Report on Form 10-Q of Uniontown Energy
      Inc. for the period ended April 30, 2011 (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 Uniontown Energy Inc.                                                                 

Dated: June 17, 2011

| | /s/ Terry Fields                                                    
| | --------------------------------------------------------------------
| | Terry Fields                                                        
| | Chief Financial, Officer, Secretary, Treasurer
      and Director   
| | (Principal Financial Officer and Principal
      Accounting Officer)
| | UNIONTOWN ENERGY INC.                                               

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Uniontown Energy
Inc. and will be retained by Uniontown Energy Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.

---
#### Paul SCHNEIDER, Appellant, v. Ivette SCHNEIDER, Respondent.

No. 68133.

Missouri Court of Appeals, Eastern District, Division Three.

Dec. 19, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Feb. 20, 1996.

Howard Allen Witnner, Jane Carriker, Witnner, Poger, Rosenblum, Spewak, P.C., St. Louis, for appellant.

Richard J. Eisen, Eisen, Gillespie & Hilton, Robert C. O’Neal, Riezman & Blitz, St. Louis, for respondents.

Before SMITH, P.J., and GARY M. GAERTNER and RHODES RUSSELL, JJ.

*ORDER*

Appellants, Paul Schneider (“debtor”) and Wittner, Poger, Rosenblum and Spewak, P.C. (‘WPRS”), appeal from the judgment entered by the Circuit Court of the County of St. Louis, denying debtor’s claim for a wage exemption and denying WPRS’s claim of a prior secured interest in funds debtor was to receive under a noncompete agreement, and *309awarding the funds to respondents, Ivette Schneider (“wife”) and Riezman and Blitz, P.C. (“garnishor”). We affirm.1

We have reviewed the briefs of the parties and the legal file and find the order of the circuit court is supported by substantial evidence, is not against the weight of the evidence, and no error of law appears. As we further find no jurisprudential purpose would be served by a written opinion, we affirm the circuit court’s order pursuant to Rule 84.16(b).

1

. We herein deny garnishor’s motion to strike portions of the legal file or to dismiss.
#### Ernest Dean McKEAN, Appellant, v. Shirley Mae McKEAN, Respondent.

No. WD 50674.

Missouri Court of Appeals, Western District.

April 9, 1996.

Michael B. Watkins, ChiUicothe, for appellant.

Allan D. Seidel, Trenton, for respondent.

Before HANNA, P.J., and SMART and ELLIS, JJ.

*ORDER*

PER CURIAM:

Ernest Dean McKean appeals the order and judgment of the Harrison County Circuit Court dissolving his marriage with Shirley Mae McKean.

The judgment is affirmed. Rule 84.16(b).
# Exhibit 32

Section 1350
Certifications

---

# Exhibit 32

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY
ACT OF 2002

The  undersigned,  the Chief  Executive  Officer and the Chief  Financial  Officer of  Independence  Bancshares,  Inc. (the
Company), each certify that, to his or her knowledge on the date of this certification:

| | 1. | The quarterly report of the Company for the period ended March 31, 2008 as
          filed with the Securities and Exchange Commission on this date (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.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------

|Date:  May 6, 2008 |  | By: /s/ Lawrence R. Miller
Lawrence R. MillerChief Executive Officer (Principal Executive Officer)
|------------------ |  | --------------------------------------------------------------------------------------------------

|Date:  May 6, 2008 |  | By: /s/ Katie N. Tuttle
Katie N. TuttleChief Financial Officer (Principal Financial Officer)
|------------------ |  | --------------------------------------------------------------------------------------------
#### AETNA CASUALTY & SURETY COMPANY et al. v. TEXAS COMMISSIONER OF INSURANCE, Georgia D. Flint, Permanent Receiver of Standard Financial Indemnity Corporation.

No. D-4305.

Supreme Court of Texas.

Dec. 31, 1993.

Joint motion of the parties to remand for entry of settlement and dismissal filed herein on December 21, 1993, is granted; the application for writ of error is granted without reference to the merits; the judgments of the courts below are set aside without reference to the merits, and the cause is remanded to the trial court for further proceedings in accordance with the settlement agreement of the parties.