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

No. 14

- 10502 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

− Appellee ,

v ersus CARLOS SOTELO

- RAMIREZ , Defendant

− Appellant

.

Appeal from the United States District Court for the Northern District of Texas No. 4:13

- CR

- 183

Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM: *

Carlos Sotelo

- Ramirez pleaded guilty of having been found unlawfully in

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances se t forth in 5 TH C IR

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

### FILED October 21, 2014

Lyle W. Cayce Clerk Case: 14-10502 Document: 00512809721 Page: 1 Date Filed: 10/21/2014No. 14

- 10502 the United States following deportation and was sentenced to 36 months in prison and three years of supervised release. The district court indicated that the sentence, which was above the advisory guideline range of 18 to 24 months, was a variance under 1 8 U.S.C. § 3553(a). In his sole issue on appeal, Sotelo

- Ramirez does not question the sub

stan tive reasonableness of the sentence but contends it is procedurally unrea

son able because the district court misinterpreted U.S.S.G. §§ 4A1.3 and 5K2.0 in de termining that an above

- guideline sentence was warranted. To the extent that Sotelo

- Ramirez challenges the sentence as an upward departure under the Guidelines, his argument is without merit. T he court did not impose a depar ture but instead specifical ly stated that the sentence constituted a vari

ance in light of the § 3553(a) factors. Sotelo

- Ramirez contends that although the district court cited the § 3553(a) factors, it was influenced by an erroneous departure standard regard

ing underrepresentat ion of criminal his tory. Sotelo

- Ramirez maintains that courts must consider and cor rectly apply the g uidelines, including the depar

ture provisions, before impos ing a variance under § 3553(a). T he case on which he relies , however, says nothing about c onsideration of the guidelines

departure provisions in relation to imposing a variance or non

- guideline sen

tence. See United States v. Gutierrez

- Hernandez , 581 F.3d 251, 256 (5th Cir. 2009) (“Without the correct guideline range , the court varies from the wrong point.” (emphasis added) ). T he record demonstrates that the sentence was an upward variance from the guideline range based on the factors set forth in § 3553(a), as thoroughly articu lated by the district court. Sotelo

- Ramirez has not shown any error in the determination that an above

- guideline sentence was warranted. Accord ingly, the judgment of sen tence is AFFIRMED.

2 Case: 14-10502 Document: 00512809721 Page: 2 Date Filed: 10/21/2014
EXHIBIT 31.2

 

 

I, E. Lynn Wilkinson, Chief Financial Officer of Omega Flex, Inc., certify that: 

 

1.        I have reviewed this Quarterly Report on Form 10-Q for the fiscal quarter ended September 30, 2005, of Omega Flex, Inc. (the “registrant”); 

 

2.        Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

 

3.        Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

 

4.        The registrant’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

 (a)        Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

 

 (b)        Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  

 

 (c)        Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting. 

 

5.        The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions): 

 

 (a)               All significant deficiencies and material weaknesses (if any) in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

 (b)               Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting. 

 

Date: November 14, 2005 

 

/s/ E. Lynn Wilkinson______________________

 

E. Lynn Wilkinson 

Chief Financial Officer

 

 

 
|   | Page 1 |
|--------|--------|
CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT

Exhibit 31.1

CERTIFICATIONS

I, MARK McLEARY, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Candev Resource Exploration Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4. The registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

5. The registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions);

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.

|Date: March 14, 2008 | /s/ Mark McLeary
Mark McLeary
Chief Executive Officer and
Chief Financial Officer
|-------------------- | ---------------------------------------------------------------------------------
CERTIFICATION
OF
 CHIEF
EXECUTIVE OFFICER AND
 CHIEF
FINANCIAL OFFICER
 PURSUANT
TO 18 U.S.C. SECTION 1350
 
 In
connection with the accompanying Quarterly Report on Form 10-Q of Golden
Opportunities Corporation, for the period ending April 30, 2010, I, Michael
Zahorik, Chief Executive Officer and Chief Financial Officer of Golden
Opportunities Corporation hereby certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best
of my knowledge and belief, that:
 
 1. Such
Quarterly Report on Form 10-Q for the period ending April 30, 2010, 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 such Quarterly Report on Form 10-Q for the period ended
April 30, 2010, fairly represents in all material respects, the financial
condition and results of operations of Golden Opportunities
Corporation.
 
 Date:
June 14, 2010
 
 /s/ Michael ZahorikMichael
      ZahorikChief Executive OfficerChief
      Financial Officer




CERTIFICATION
OF
 CHIEF
EXECUTIVE OFFICER AND
 CHIEF
FINANCIAL OFFICER
 PURSUANT
TO 18 U.S.C. SECTION 1350
  In
connection with the accompanying Quarterly Report on Form 10-Q of Golden
Opportunities Corporation, for the period ending April 30, 2009, I, Michael
Zahorik, Chief Executive Officer and Chief Financial Officer of Golden
Opportunities Corporation hereby certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best
of my knowledge and belief, that:
  1.
Such Quarterly Report on Form 10-Q for the period ending April 30, 2009,
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 such Quarterly Report on Form 10-Q for the period
ended April 30, 2009, fairly represents in all material respects, the financial
condition and results of operations of Golden Opportunities
Corporation.
  Date:
June 5, 2009
  /s/
      Michael ZahorikMichael
      ZahorikChief Executive
      OfficerChief
      Financial Officer
Exhibit No. 32.1
Form 10-QSB
Signet International Holdings, Inc.
File No. 000-51185


                    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 Quarterly Report of Signet International Holdings, Inc.
(Company) on Form 10-QSB for the period ended September 30, 2005, as filed with
the Securities and Exchange Commission on the date hereof (Report), I, Ernest W.
Letiziano, Chief Executive Officer and Chief Accounting Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, adopted as 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 result of operations of the Company.


Date: April 5, 2006                      By:    /s/ Ernest W. Letiziano
                                                -------------------------------
                                                    Ernest W. Letiziano
                                                    Chief Executive Officer and
                                                    Chief Financial Officer





A signed original of this written statement required by Section 906 has been
provided to Signet International Holdings, Inc. and will be retained by Signet
International Holdings, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
###### **EXHIBIT 32.2**

 

#### **Certificate of ChiefFinancial OfficerPursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

 

                In connection with the annualreport of Summus, Inc. (USA)  (the “Company”) on Form 10-K for the year ended December 31, 2003, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,Donald T. Locke, the Chief Financial Officer ofthe 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 complieswith the requirements of Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934; and

                2. The information containedin this Report fairly presents, in all material respects, the financial conditions and results of operations of theCompany.

 

 

| Date:          March 30, 2004      | /s/ Donald T.    Locke                                      Donald T. Locke    Chief FinancialOfficer |
|-------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Exhibit 32.2


CERTIFICATION FURNISHED 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 Image Metrics Inc. (the “Company”) on Form 10-Q for the period ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Ronald Ryder, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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; 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: February 22, 2011





/s/ Ronald RyderRonald RyderChief Financial OfficerImage Metrics Inc.
IV 

111TH CONGRESS 

1ST SESSION H. RES. 388 

Celebrating the role of mothers in the United States and supporting the 

goals and ideals of Mother’s Day. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2009 

Mr. FORTENBERRY (for himself, Mr. MCINTYRE, Mr. REHBERG, Mr. ALEXANDER, Mr. SHULER, Mr. LIPINSKI, Mr. BRALEY of Iowa, Mr. KILDEE, 

Mr. SHIMKUS, Mr. COOPER, Mr. WU, Mr. FLAKE, Mr. INGLIS, Mr. 

HARPER, Mr. WOLF, Mr. RYAN of Wisconsin, Mr. ADERHOLT, Mr. 

BILBRAY, Mr. TIERNEY, Mr. WALZ, Mr. DELAHUNT, Mr. HENSARLING, 

Mr. PENCE, Mr. GOHMERT, Mr. WESTMORELAND, and Mr. TERRY) submitted the following resolution; which was referred to the Committee on 

Oversight and Government Reform 

RESOLUTION 

Celebrating the role of mothers in the United States and 

supporting the goals and ideals of Mother’s Day. 

Whereas Mother’s Day is celebrated on the second Sunday of 

each May; 

Whereas the first official Mother’s Day was observed on May 

10, 1908, in Grafton, West Virginia, and Philadelphia, 

Pennsylvania; 

Whereas 2009 is the 101st anniversary of the first official 

Mother’s Day observation; 


jbell on PROD1PC69 with BILLS
2 

•HRES 388 IH 

Whereas in 1908, Elmer Burkett, a U.S. senator from Nebraska, proposed making Mother’s Day a national holiday; 

Whereas in 1914, Congress passed a resolution designating 

the second Sunday of May as Mother’s Day; 

Whereas it is estimated that there are more than 82,000,000 

mothers in the United States; 

Whereas mothers have made immeasurable contributions toward building strong families, thriving communities, and 

ultimately a strong Nation; 

Whereas the services rendered to the children of the United 

States by their mothers have strengthened and inspired 

the Nation throughout its history; 

Whereas we honor ourselves and mothers in the United 

States when we revere and emphasize the importance of 

the role of the home and family as the true foundation 

of the Nation; 

Whereas mothers continue to rise to the challenge of raising 

their families with love, understanding, and compassion, 

while overcoming the challenges of modern society; and 

Whereas May 10, 2009, is recognized as Mother’s Day: Now, 

therefore, be it 

1 Resolved, That the House of Representatives cele2 brates the role of mothers in the United States and sup3 ports the goals and ideals of Mother’s Day. 

Æ 


jbell on PROD1PC69 with BILLS
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James E. Doherty (Pro Hac Vice) 

ALCOTT LAW GROUP, PLLC 

205 East 42nd Street, 16th Floor 

New York, NY 10017 

Tel.: 646-844-0147 

Fax: 646-844-3879 

JEDohertylaw@gmail.com 

dalcott@alcottlaw.com 

mrosenthal@alcottlaw.com 

Attorneys for Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA

Square Foot Gardening Foundation, Inc., 

A New York Not-For-Profit Corporation, 

No. 

Plaintiff, 

PLAINTIFF’S CORPORATE 

DISCLOSURE STATEMENT 

v. 

Western Organics, Inc., an Arizona 

Corporation, d/b/a Gro-Well Brands, Inc.; 

Alan Langer, an individual; and 

John Does 1-10, 

Defendants. 

 

 This Corporate Disclosure Statement is filed on behalf of Square Foot Gardening 

Foundation, Inc., Plaintiff herein, in compliance with the provisions of Rule 7.1 of the 

Federal Rules of Civil Procedure. 

Square Foot Gardening Foundation, Inc. hereby declares that there is no publicly 

held corporation that owns 10% or more of its stock. 

Case 2:18-cv-00467-GMS Document 2 Filed 02/09/18 Page 1 of 2
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A supplemental disclosure statement will be filed upon any change to the 

information provided herein. 

DATED this 9th day of February, 2018. 

 

 ALCOTT LAW GROUP

 By: ___s/James E Doherty_____ 

 James E. Doherty, Counsel 

 Pro Hac Vice 

 205 East 42nd Street, 16th Floor 

 New York, NY 10017 

Attorneys for Plaintiff 

Case 2:18-cv-00467-GMS Document 2 Filed 02/09/18 Page 2 of 2
Electronically Filed Supreme Court SCWC-12-0000984 18-JUN-2014 10:01 AM

SCWC-12-0000984 IN THE SUPREME COURT OF THE STATE OF HAWAI ' I

STATE OF HAWAI ' I, Respondent/Plaintiff-Appellee.

vs. TOI NOFOA, Petitioner/Defendant-Appellant,

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-12-0000984; CR. NO. 08-1-1504) ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson JJ.) Petitioner/Defendant-Appellant Toi Nofoa’s application for writ of certiorari filed on May 2, 2014, is hereby accepted and will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling. DATED: Honolulu, Hawai ' i, June 18, 2014. Craig W. Jerome for petitioner /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson Sonja P. McCullen for respondent
WO

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America, )

)

Plaintiff, )

)

v. ) CR 01-591-PHX-PGR

)

Luis Enrique Quintero-Alvarado, ) DETENTION ORDER

)

Defendant. )

_________________________________)

On 4/22/2011, defendant Luis Enrique Quintero-Alvarado appeared before this Court

on a petition for revocation of supervised release. The Court considered the information

provided to the Court, and the arguments of counsel in determining whether the defendant

should be released on conditions set by the Court.

The Court finds that the defendant, having previously been convicted and placed on

supervised release, and having appeared before the Court in connection with a petition to

revoke his supervised release, has failed to establish by clear and convincing evidence that

he is not likely to flee or pose a danger to the safety of the community if released pursuant

to Rule 46(d), and Rule 32.1(a)(6), Federal Rules of Criminal Procedure, and 18 U.S.C.

§3143.

Case 2:01-cr-00591-PGR Document 23 Filed 04/25/11 Page 1 of 2
IT IS THEREFORE ORDERED that defendant be detained pending further

proceedings.

DATED this 22nd day of April, 2011.

Case 2:01-cr-00591-PGR Document 23 Filed 04/25/11 Page 2 of 2
[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)]
[Notices]
[Pages 29107-29108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14433]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Research Grants; Notice of Closed Meetings

    Pursuant to Section 10(d) of the Federal Committee Act, as amended 
(5 U.S.C. Appendix 2), notice is hereby given of the following Division 
of Research Grants Special Emphasis Panel (SEP) meetings:

    Purpose/Agenda: To review individual grant applicants.
    Name of SEP: Biological and Physiological Sciences.
    Date: July 8, 1996.
    Time: 11:00 a.m.
    Place: NIH, Rockledge 2, Room 5196, Telephone Conference.

[[Page 29108]]

    Contact Person: Ms. Carol Campbell, Scientific Review 
Administrator, 6701 Rockledge Drive, Room 5196, Bethesda, Maryland 
20892, (301) 435-1257.

    Name of SEP: Biological and Physiological Sciences.
    Date: July 9, 1996.
    Time: 10:00 a.m.
    Place: NIH, Rockledge 2, Room 5196, Telephone Conference.
    Contact Person: Ms. Carol Campbell, Scientific Review 
Administrator, 6701 Rockledge Drive, Room 5196, Bethesda, Maryland 
20892, (301) 435-1257.

    The meeting will be closed in accordance with the provisions set 
forth in sections 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. 
Applications and/or proposals and the discussions could reveal 
confidential trade secrets or commercial property such as patentable 
material and personal information concerning individuals associated 
with the applications and/or proposals, the disclosure of which 
would constitute a clearly unwarranted invasion of personal privacy.

(Catalog of Federal Domestic Assistance Program Nos. 93.306, 93.333, 
93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, 
National Institutes of Health, HHS)

    Dated: June 4, 1996.
Susan K. Feldman,
Committee Management Officer, NIH.
[FR Doc. 96-14433 Filed 6-6-96; 8:45 am]
BILLING CODE 4140-01-M
#### David R. ANDERSON, Appellant, v. STATE of Missouri, Respondent.

No. WD 46152.

Missouri Court of Appeals, Western District.

May 4, 1993.

*802Susan L. Hogan, Appellate Defender, Kansas City, for appellants.

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

Before LOWENSTEIN, C.J., and TURNAGE and HANNA, JJ.

ORDER

PER CURIAM:

Appeal from the denial of a Rule 24.035 motion for postconviction relief without an evidentiary hearing. The judgment is affirmed. Rule 84.16(b).