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should not be published and is not precedent except under the limited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. 07-40907

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

SAMUEL MARTINEZ

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:07-CR-214-1

Before KING, DeMOSS, and BENAVIDES, Circuit Judges. 

PER CURIAM:*

Samuel Martinez appeals his guilty plea conviction and sentence for

conspiracy to possess with intent to distribute fifty grams or more of

methamphetamine, possession with intent to distribute fifty grams or more of

methamphetamine, and importation of fifty grams or more of

methamphetamine. He argues that his sentence is unreasonable because it was

based upon a mechanical application of the Guidelines, and the Sentencing

Commission has shown that drug offenders transporting methamphetamine are

United States Court of Appeals

Fifth Circuit

F I L E D

July 2, 2008

Charles R. Fulbruge III

Clerk
No. 07-40907

2

punished more severely than necessary. He asserts that his sentence is too

severe because his offense was simple drug smuggling, because while his

criminal history was long, he had never served more than 180 days of

imprisonment previously, and because he has lived in the United States all his

life.

Martinez did not argue that his sentence was unreasonable because the

guidelines provisions regarding methamphetamine offenses were too severe

below. Accordingly, to the extent that Martinez’s reasonableness argument

relies upon the severity of the guidelines provisions regarding

methamphetamine, we review for plain error. See United States v. Peltier, 505

F.3d 389, 391-92 (5th Cir. 2007), petition for cert. filed (Jan. 22, 2008) (No. 07-

8978).

As the district court sentenced Martinez within the properly calculated

guidelines range, the sentence is presumptively reasonable. See United States

v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). While the Supreme Court has

recently held that a district court may deviate from the guidelines range based

upon a determination that a guidelines provision is unduly severe, it did not hold

that a district court’s refusalto deviate from the guidelines range based upon the

severity of a guidelines provision was unreasonable. See Kimbrough v. United

States, 128 S. Ct. 558, 570-76 (2007). Martinez has not rebutted the

presumption of reasonableness or shown that the sentence was plainly

erroneous. See Alonzo, 435 F.3d at 554; Gall v. United States, 128 S. Ct. 586,

597 (2007).

For the first time on appeal, Martinez argues that the penalty scheme in

21 U.S.C. § 841(a) and (b) is unconstitutional in light of Apprendi v. New Jersey,

530 U.S. 466 (2000). As Martinez concedes, this argument is foreclosed. See

United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir. 2000).

AFFIRMED.
Opinion issued August 1 2 , 2 021

In The 

## Court of Appeals
For The 

## First District of Texas

———————————— NO. 01
- 21
- 00045
- CV

——————————— IN RE TABAITHA VITAL , Relat or

Original Proce ed ing on Petition for Writ of Mandamus

MEMORANDU M OPINION
Relator Tabaitha Vital seeks man damus relief from the trial court ’ s order
den ying her A mended M otion to S trike Real Parties in Interest ’ s O r i g i nal P etition
in I ntervention in the underlying case

. 1 We deny the petition. All pendi ng motions

are dismissed as moot.

1 The underlying case is Alex is L. Norman v. Tabaitha Vital , C ause N umber 2019

- 49803 , pending in the 281st Di stri ct Court of Harris County, Texas, the Honorabl e Chris t i ne Weems presiding.2 P ER CU RIA M
Panel consis ts o f Justic e s Goodman, Hightower, and Rivas

- Molloy

.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-6659

DENNIS J. DILLARD,

 Petitioner – Appellant,

v.

TERRY O’BRIEN; UNITED STATES PENITENTIARY HAZELTON; 

STEVEN S. NEFF,

 Respondents - Appellees.

Appeal from the United States District Court for the Northern 

District of West Virginia, at Wheeling. Frederick P. Stamp, 

Jr., Senior District Judge. (5:13-cv-00128-FPS-JES)

Submitted: October 29, 2014 Decided: November 6, 2014

Before SHEDD and AGEE, Circuit Judges, and DAVIS, Senior Circuit 

Judge.

Affirmed by unpublished per curiam opinion.

Dennis J. Dillard, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Dennis J. Dillard, a federal prisoner, appeals the 

district court’s order accepting the recommendation of the 

magistrate judge and denying relief on his 28 U.S.C. § 2241 

(2012) petition. We have reviewed the record and find no 

reversible error. Accordingly, although we grant leave to 

proceed in forma pauperis, we affirm for the reasons stated by 

the district court. Dillard v. O’Brien, No. 5:13-cv-00128-FPSJES (N.D.W. Va. Apr. 17, 2014). In addition, we note that 

Dillard has waived the review of any issues not contained in his 

informal brief. See 4th Cir. R. 34(b). 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.

AFFIRMED
EXHIBIT 32.1


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


     In connection  with the  Quarterly  Report of W. S.  INDUSTRIES,  INC. (the
"COMPANY")  on Form 10-Q for the period  ending  November 30, 2008 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "REPORT"),  I,
James F. Dempsey,  President and Chief Executive Officer,  respectively,  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 to my knowledge:

     1.   The Report fully  complies with the  requirements  of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934, as amended; and

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


Date: July 10, 2009


                                  By: /s/ JAMES F. DEMPSEY
                                      ____________________________
                                          James F. Dempsey
                                          Chief Executive Officer
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.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (Act) (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the applications are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

                    The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board's Freedom of Information Office at                     *https://www.federalreserve.gov/​foia/​request.htm.*                     Interested persons may express their views in writing on the standards enumerated in paragraph 7 of the Act.                

Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington DC 20551-0001, not later than June 23, 2021.

*A. Federal Reserve Bank of St. Louis*                     (Holly A. Rieser, Manager) P.O. Box 442, St. Louis, Missouri 63166-2034. Comments can also be sent electronically to                     *Comments.applications@stls.frb.org:*

                    1.                     *Rich Land Bancorp, Inc. Employee Stock Option Plan (ESOP) and Dan L. Eichelberger, individually, and as trustee of the ESOP, both of Olney, Illinois;*                     to retain voting shares of Rich Land Bancorp, Inc., and thereby indirectly retain voting shares of TrustBank, both of Olney, Illinois.                

Board of Governors of the Federal Reserve System, June 3, 2021.

Ann Misback,

Secretary of the Board.

[FR Doc. 2021-12012 Filed 6-7-21; 8:45 am]

BILLING CODE 6210-01-P
#### In the Interest of R.L.S., Juvenile Officer, Respondent, v. L.L.S.B., Natural Mother, Appellant.

No. WD 47961.

Missouri Court of Appeals, Western District.

April 19, 1994.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 31, 1994.

Application to Transfer Denied Aug.-15, 1994.

Gregg T. Hyder, Columbia, for appellant.

Elizabeth K. Magee, Columbia, for respondent.

Glen R. Ehrhardt, Columbia, Guardian ad Litem.

Before ULRICH, P.J., and BRECKENRIDGE and SPINDEN, JJ.

*ORDER*

PER CURIAM:

Appeal by natural mother in termination of parental rights proceeding under § 211.447, RSMo Supp.1993.

Judgment affirmed pursuant to Rule 84.-16(b).
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Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Telecomm Sales Network, Inc. (the Company) on Form 10-QSB for the period ended December 31, 2006 as filed with the Securities and Exchange Commission (the Report), each of the undersigned J. Lloyd Breedlove, Chief Executive Officer of the Company and Stephen Hoelscher, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge that:



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



(b) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the period covered by the Report.





|                        |                                                                                                                   
|----------------------- | ------------------------------------------------------------------------------------------------------------------
|Date: February 14, 2007 | By: /s/  J. Lloyd Breedlove
Name:  J. Lloyd Breedlove
Title: Chief Executive Officer
(Principal Executive Officer)
|                        |                                                                                                                   
|                        |                                                                                                                   
|                        |                                                                                                                   
|Date: February 14, 2007 | By: /s/  Stephen Hoelscher
Name: Stephen Hoelscher
Title: Chief Financial Officer
(Principal Financial Officer)   
|                        |                                                                                                                   



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



This certification will not be deemed filed for purposes of Section 18 of the Exchange Act, or otherwise subject to the liability of that section. This certification will not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
**EXHIBIT 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation byreference in the Registration Statements on Form S-8 (No. 333-123124), Form S-8 (No. 333-141495), Form S-3 (No. 333-142779), Form S-3 (No. 333-142884) and Form S-3 (No. 333-151330) of Raser Technologies, Inc. (a development stage enterprise) of ourreport, dated March 16, 2009, related to our audits of the consolidated balance sheets of Raser Technologies, Inc. (a development stage enterprise) and subsidiaries as of December 31, 2008 and 2007 and the related consolidated statements ofoperations, stockholders’ equity and cash flows for each of the three years in the period ended December 31, 2008, and for the period after re-entry into development stage (October 1, 2006) through December 31, 2008, and our report dated March16, 2009 on the effectiveness of internal control over financial reporting as of December 31, 2008, appearing in the Annual Report on Form 10-K of Raser Technologies, Inc. (a development stage enterprise) for the year ended December 31, 2008.

***/s/******HEIN****& ASSOCIATES LLP*

Denver, Colorado 

April 20, 2009
#### Charles CRAFT, Appellant, v. STATE of Missouri, Respondent.

No. WD 46086.

Missouri Court of Appeals, Western District.

Jan. 5, 1993.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 2, 1993.

Application to Transfer Denied May 25, 1993.

Susan L. Hogan, Appellate Defender, Kansas City, for appellant.

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

Before BERREY, P.J., and ULRICH and SMART, JJ.

ORDER

PER CURIAM.

Appeal from dismissal of Rule 29.15 motion for postconvietion relief on basis of escape rule.

Judgment of dismissal is affirmed. Rule 84.16(b).
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7295
In Re: KELVIN J. MILES, Petitioner.

On Petition for Writ of Mandamus. (CA-04-2676-8-AW) Submitted: November 30, 2005 Decided: December 12, 2005 Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition dismissed by unpublished per curiam opinion. Kelvin J. Miles, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Kelvin J. Miles petitions this court for writ of mandamus. He seeks review of a recent district court order denying his motion for appointment of counsel and to amend. Mandamus is a drastic remedy and should be used only in extraordinary situations. Kerr v. United States Dist. Court , 426 U.S. 394, 402 (1976); In re Beard , 811 F.2d 818, 826 (4th Cir. 1987). Mandamus relief is only available when there are no other means by which the relief sought could be granted, id. , and may not be used as a substitute for appeal. In re Catawba Indian Tribe , 973 F.2d 1133, 1135 (4th Cir. 1992). The party seeking mandamus relief carries the heavy burden of showing that he has no other adequate means to attain the relief he desires and that his entitlement to such relief is clear and indisputable. Allied Chem. Corp. v. Daiflon, Inc. , 449 U.S. 33, 35 (1980). Miles has failed to make the requisite showing, and we dismiss the mandamus petition. We deny leave to proceed in forma pauperis and 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.

DISMISSED
**Exhibit 4.13**

**DEMAND PROMISSORY NOTE**

**December 27 , 2006**

**Cdn. $1,000,000**

FOR VALUE RECEIVED, Vannessa Ventures Ltd., a corporation incorporated under the laws of British Columbia (the **"Corporation"**) hereby promises to pay ON DEMAND, provided such demand is made after the earlier of:

(a)

the occurrence of an Event of Default (as that term is defined in the Secured Convertible Debenture dated March 1, 2006 given by the Corporation to the Holder); and

(b)

February 28, 2007,

to Exploram Enterprises Ltd., together with its successors and assigns (the **"Holder"**), the amount of Cdn. $ 1,000,000 (the **"Advance Amount"**), in lawful money of Canada at the principal offices of Exploram Enterprises Ltd**.**in Calgary, Alberta, and to pay interest on the outstanding amount owing from time to time at the rate of 9.5% per annum commencing on the date of this Promissory Note until full and final payment.  Interest accruing and due hereunder shall be payable in cash, monthly in arrears, on the last day of each month commencing on January 31st, 2007 in lawful money of Canada, at Calgary, Alberta.  The Advance Amount or any part thereof may be repaid in whole or in part at any time by the Corporation without penalty.

This Note is secured by a general security agreement provided by the Corporation to the Holder on March 1, 2006.

The Corporation will pay on demand all costs of collection and legal fees on a solicitor and his own client full indemnity basis paid or incurred by the Holder in enforcing the obligations of the Corporation hereunder.

The Corporation waives presentment, demand, notice of dishonor, protest and all other demands and notices in connection with the delivery, acceptance, performance, default or enforcement of this Note.

No delay or omission on the part of the Holder in exercising any right hereunder shall operate as a waiver of such right or any other right under this Note.  No waiver of any right shall be effective unless in writing and signed by the Holder, nor shall a waiver on one occasion be construed as a bar to or waiver of any such right on any future occasion.

This Note shall be governed by and construed in accordance with the laws in force from time to time in the Province of Alberta, Canada, without regard to its choice of law principles.  

Dated this 27 day of December, 2006.

**VANNESSA VENTURES LTD.**

By: ________________________________  

Name:

J.R. Morgan

Title:

President & Chief Executive Officer

By: ________________________________  

Name:

C.B. Boyer 

Title:

Controller
**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**

The undersigned, D. Elroy Fimrite, President, Chief Executive Officer, Secretary and Treasurer of SNRG Corporation, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
| (1) | the annual report on Form 10-KSB of SNRG Corporation for the period ended December 31, 2005 (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 SNRG Corporation |
|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------|

Dated:  May 3, 2006.

/s/ D. Elroy Fimrite

D. Elroy Fimrite, President, Chief Executive Officer, Secretary and Treasurer

(Principal Executive Officer and Principal Financial Officer and Principal Accounting Officer)

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 SNRG Corporation and will be retained by SNRG Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.2

CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(18 U.S.C. 1350)

Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), the undersigned officer of BioDelivery Sciences International, Inc., a Delaware corporation (the Company), does hereby certify, to the best of such officers
knowledge and belief, that:

(1) The Amendment No.1 to Form 10-K for the year ended December 31, 2008 of the Company 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
Amendment No.1 to Form 10-K fairly presents, in all materials respects, the financial condition and results of operations of the Company.



|                    |  |                                                                   
|------------------- |  | ------------------------------------------------------------------
|                    |  | /s/ James A. McNulty                                              
|Date: April 6, 2009 |  | James A. McNulty, Secretary, Treasurer and Chief Financial Officer

This certification shall not be deemed filed for purposes of Section 18 of the
Securities Exchange Act, or otherwise subject to the liability of that section. Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act or the Securities Exchange Act.
Exhibit 9.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by
reference in the Registration Statements of Acergy S.A. (a Luxembourg company) and its subsidiaries (the Company) File Nos. 33-85168, 333-09292, 333-74321, 333-124983 and 333-124997 on Form S-8 and File No. 333-86288 on Form F-3 and
Form F-3/A of our reports dated February 18, 2009 relating to the financial statements of the Company and the effectiveness of the Companys internal control over financial reporting, appearing in this Annual Report on Form 20-F of the
Company for the year ended November 30, 2008.



|                      
|----------------------
|/s/    Deloitte LLP   
|                      
|Deloitte LLP          
|London, United Kingdom
|April 17, 2009