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

No. 15

- 41050 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. PEDRO LOPEZ

- SAL GA DO, also known as Nicolas Vargas

- Uriostegui , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5 :14

- CR

- 908

- 1

Before KING, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * Pedro Lopez

- Sal ga do argues that the 30

- month within

- guidelines sentence imposed by the district court following his guilty plea conviction for illegal reentry after prior deportation was greater than necessary to meet the goals of 18 U.S.C. § 3553(a) , t hat U.S.S.G. § 2L1.2 is not empirically based, and that the 1 2

- level enhancement for his prior alien transportation conviction was

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 March 30, 2016 Lyle W. Cayce Clerk Case: 15-41050 Document: 00513444616 Page: 1 Date Filed: 03/30/2016No. 15

- 41050

2 too severe. He further assert s that his illegal reentry did not pose a danger to others. The within

- guidelines sentence i s entitled to a presumption of reasonableness. See United States v. Campos

- Maldonado , 531 F.3d 337, 338 (5th Cir. 2008)

. After consider ing Lopez

- Sal ga do’s arguments , the district court determined that a sentence within the advisory guidelines range was appropriate based on Lopez

- Salgado ’s repeated removals from, and reentries into, this country. Lopez

- Salgado’s benign motive for returning to this country is insufficient to rebut the presumption of reasonableness. See Unit ed States v. Gomez

- Herrera , 523 F.3d 554, 565

- 66 (5th Cir. 2008). H is argument regarding the staleness of his prior alien transportation conviction is likewise insufficient. See United States v. Rodriguez , 660 F.3d 231, 234

- 35 (5th Cir. 2011)

. Further, we have rejected the argument that § 2L1.2’s purported lack of an empirical basis necessarily render s a sentence under it unreasonable , s ee United States v. Duarte , 569 F.3d 528, 529

- 31 (5th Cir. 2009 ) , and that § 2L1.2 overstates the seriousness of the of fense. See United States v. Juarez

- Duarte , 513 F.3d 204, 212 (5th Cir. 2008). Lopez

- Salgado ’s argument that the sentence is greater than necessary to meet the goals of § 3553(a) amounts to a disagreement with the district court’s balancing of the senten cing factors , and we will not reweigh those factors. See Gall v. United States , 552 U.S. 38, 51

- 52 (2007)

. He has failed to rebut the presumption of reasonableness

. See United States v. Cooks , 589 F.3d 173, 186 (5th Cir. 2009)

. AFFIRMED. Case: 15-41050 Document: 00513444616 Page: 2 Date Filed: 03/30/2016
#### Mark Scott WILLIAMS, Appellant, v. STATE of Missouri, Respondent.

No. WD 50548.

Missouri Court of Appeals, Western District.

Aug. 29, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Oct. 3, 1995.

Application to Transfer Denied Nov. 21, 1995.

Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

*802Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

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

*ORDER*

PER CURIAM:

Appeal from the denial of a Rule 24.035 motion after an evidentiary hearing.

Judgment affirmed. Rule 84.16(b).
[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Notices]
[Page 36091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17388]


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

DEPARTMENT OF LABOR
[NAFTA-001033]


Western Energy Company, Colstrip, MT; Notice of Termination of 
Investigation

    Pursuant to Title V of the North American Free Trade Agreement 
Implementation Act (P.L. 103-182) concerning transitional adjustment 
assistance, hereinafter called (NAFTA-TAA), and in accordance with 
Section 250(a), Subchapter D, Chapter 2, Title II, of the Trade Act of 
1974, as amended (19 USC 2273), an investigation was initiated on May 
16, 1996 in response to a petition filed on behalf of workers at 
Western Energy Company in Colstrip, Montana.
    The petitioning worker group is already covered under an amended 
active certification (NAFTA-00946A). Consequently, further 
investigation in this case would serve no purpose, and the 
investigation has been terminated.

    Signed at Washington, D.C., this 27th day of June 1996.
Linda G. Poole,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-17388 Filed 7-8-96; 8:45 am]
BILLING CODE 4510-30-M
Exhibit
32.1
  CERTIFICATION
  In
connection with the periodic report of Premier Power Renewable Energy, Inc. (the
“Company”) on Form 10-Q/A for the quarter ending September 30, 2008 as filed
with the Securities and Exchange Commission (the “Report”), I, Dean Marks, Chief
Executive Officer (Principal Executive Officer) of the Company, hereby certify
as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350
of the United States Code, that to the best of my knowledge:
  (1) The
Report fully complies with the requirements of Section 13(a) or 15(d), as
applicable, 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 at the dates
and for the periods indicated.
  Date:
      February
      5, 2009
              /s/ Dean MarksDean
      MarksChief
      Executive Officer (Principal Executive
Officer)
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 7, 2023

NO. 03-23-00231-CV

In the Matter of E. S.

APPEAL FROM THE 391ST DISTRICT COURT OF TOM GREEN COUNTY

BEFORE JUSTICES BAKER, TRIANA, AND SMITH

DISMISSED ON APPELLANT’S MOTION -- OPINION BY JUSTICE BAKER

This is an appeal from the order modifying a previous juvenile-court disposition signed by the 

trial court on March 31, 2023. Appellant has filed a motion to dismiss the appeal, and having 

considered the motion, the Court agrees that the motion should be granted. Therefore, the Court 

grants the motion and dismisses the appeal. Because appellant is indigent and unable to pay 

costs, no adjudication of costs is made.
EXHIBIT 11 
EXHIBIT 11 

Objectionable Fees 

Chris Davis “Filing, Faxing, File/Records Organizing” Charges 

Date Attorney Time Fee 

10/2/2008 Davis .70 $175.00

11/13/2008 Davis .70 175.00

1/14/2009 Davis 1.50 375.00

1/29/2009 Davis .70 175.00

5/28/2009 Davis 1.00 250.00

7/2/2009 Davis .30 75.00

7/2/2009 Davis .50 125.00

7/6/2009 Davis .50 125.00

9/1/2009 Davis 1.00 250.00

9/1/2009 Davis .20 50.00

9/2/2009 Davis .30 75.00

9/11/2009 Davis 3.00 750.00

9/16/2009 Davis 1.00 250.00

9/21/2009 Davis 5.00 1,250.00

10/3/2009 Davis .50 125.00

10/5/2009 Davis .80 200.00

11/15/2009 Davis 4.00 500.00

11/17/2009 Davis .50 125.00

12/4/2009 Davis 1.00 250.00

12/18/2009 Davis 1.00 250.00

12/21/2009 Davis .40 100.00

Grand Total 24.60 $5,650.00

264287
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





In
connection with the Quarterly Report on Form 10-Q of Deer Consumer
Products, Inc. (the “Company”) for the quarter ended March 31, 2010, as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
Ying He, Chief Executive Officer of the Company, hereby certifies, pursuant to
18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:





(1) The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. §78m or §78o(d)); 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:
      May 10, 2010
            By:
            /s/
      Ying HeYing
      He
              Chief
      Executive Officer





This
certification accompanies each Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.





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.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 6944** 

DWAYNE WILLIAMS , Plaintiff

- Appellant ,

v.

SAMUEL B. GLOVER; ROBERT M. STEWARD; BARBARA A. SCOTT; JON E. OZMINT; JOHN DOE; JANE DOE , Defendants

- Appellees

.

Appeal from the United States District Court for the District of South Carolina , at Greenville

. Terry L. Wooten , District Judge. ( 6:10

- cv
- 01591

- TLW )

Submitted : December 12, 2011 Decided: January 9, 2012

Before DUNCAN, DAVIS, and DIAZ , Circuit Ju dges.

Affirmed by un published per curiam opinion

.

Dwayne Williams, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Dwayne Williams appeals the district court ’ s order accepting the recommendation of th e magistrate judge and
dismissing William s ’ 42 U.S.C. § 1983 (200 6 ) complaint under

28 U.S.C. § 1915(e)(2)(B) (200 6 ). We have reviewed the record
and find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. Williams v. Glover , No.

6:10

- cv
- 01591

- TLW (D.S.C. July 11, 2011) . We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would
not aid the decisional process.

AFFIRMED
#### STATE of Missouri, Plaintiff/Respondent, v. James FLANIGAN, Defendant/Respondent. James FLANIGAN, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Nos. 62437, 63955.

Missouri Court of Appeals, Eastern District, Division One.

Feb. 8, 1994.

Tamara Detloff, John Klosterman, Public Defenders, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl A. Caponegro, Asst. Atty. Gen., Jefferson City, for respondent.

Before CRANDALL, P.J., and REINHARD and CRIST, JJ.

*ORDER*

PER CURIAM.

Defendant was convicted by a jury of first-degree assault § 565.050, RSMo 1986; sodomy, § 566.060, RSMo 1986; attempted rape, § 566.030, RSMo 1986; attempted sodomy, § 566.060, RSMo 1986; and four counts of armed criminal action, § 571.015, RSMo 1986. The trial court sentenced him to three concurrent ten year sentences on the sodomy, attempted rape, and attempted sodomy *924counts. Those sentences are to be served consecutively with one seven year sentence on the assault count, and to be served consecutively with four concurrent five year sentences on the armed criminal action counts. Defendant also appeals the denial of his 29.15 motion for post-conviction relief after an evi-dentiary hearing. We affirm.

We have reviewed the record and find the claims of error are without merit; the judgment of the motion court is based on findings of fact that are not clearly erroneous. An opinion would have no precedential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order affirming the judgment pursuant to Rules 30.25(b) and 84.16(b).
FIRST AMENDMENT TO


DISTRIBUTION REINVESTMENT PLAN OF


AMERICAN REALTY CAPITAL HEALTHCARE TRUST,
INC.


 


WHEREAS, American Realty Capital Healthcare
Trust, Inc. (the “Company”) maintains the Distribution Reinvestment Plan of American Realty Capital Healthcare
Trust, Inc. (the “Plan”);


 


WHEREAS, pursuant to Section 11 of
the Plan, the Board of Directors of the Company (the “Board”) may at any time amend the Plan; and


 


WHEREAS, the Company desires to amend
the Plan as set forth herein;


 


NOW, THEREFORE, pursuant to Section
11 of the Plan, effective as of March 30, 2014, Sections 11(b) and 11(c) of the Plan are hereby amended in their entirety to read
as follows:


 


“(b) The Administrator may terminate
a Participant’s individual participation in the Plan and the Company may terminate the Plan itself, at any time by providing
ten (10) days’ prior written notice to a Participant, or to all Participants, as the case may be. The Administrator may suspend
a Participant’s individual participation in the Plan and the Company may suspend the Plan itself, at any time.


 


(c) After termination or suspension of the
Plan or termination or suspension of a Participant’s participation in the Plan, the Administrator will send to each Participant
a check for the amount of any Distributions in the Participant’s account that have not been invested in Shares. Any future
Distributions with respect to such former Participant’s Shares made after the effective date of the termination or suspension
of the Participant’s participation will be sent directly to the former Participant.”


 


IN WITNESS WHEREOF, the Board has
approved the amendment to the Plan as set forth herein and authorized the undersigned officer of the Company to execute this amendment
and the undersigned has caused this amendment to be executed this 30th day of March, 2014.


 


	 	AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC.
	 	 	 
	 	By:	/s/ Thomas P. D’Arcy




	 	 	Name: Thomas P. D’Arcy
	 	 	Title: Chief 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 Bioheart, Inc. (the
Company) on Form 10-Q for the quarter ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned officer of the Company hereby certifies, pursuant to 18 U.S.C. section 906 of the Sarbanes-Oxley Act of 2002, to
such officers knowledge that:




(i)  the Quarterly Report on Form 10-Q of the Company
for the quarterly period ended June 30, 2009 (the Report) fully complies with the requirements of Section 13(a) or Section 15(d), as
applicable, of the Securities Exchange Act of 1934, as amended (subject to the Companys position prevailing in regard to the remaining unresolved
SEC comment, as more fully described in the Report); and




(ii)  the information contained in the Report fairly
presents, in all material respects, the financial condition and results of operations of the Company.




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.


|August 19,
2009 |  |  |  | /s/
Mark Borman               
|--------------- |  |  |  | ------------------------------
|                |  |  |  | Name:
Mark Borman             
|                |  |  |  | Title: Chief Financial Officer

---
EXHIBIT 99.1


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

     In connection with the Annual Report of SVT, Inc. (the "Company") on Form
10-K for the year ending December 31, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Sanjay Sethi, Chief
Executive Officer of SVT, Inc., certify, pursuant to 18 U.S.C. Sec. 1350, as
adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:

     1. I have reviewed the Report;

     2. Based on my knowledge, the 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 the Report; and

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

Dated:  April 15, 2003             By: /s/ Sanjay Sethi
                                           -----------------
                                           Sanjay Sethi
                                           Chief Executive Officer

This certification accompanies this Report on Form 10-K pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required
by such Act, be deemed filed by the Company for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended.
[ DO NOT PUBLISH] 

## In the 

# United States Court of Appeals For the Eleventh Circuit

____________________
No. 23

- 12900

Non

- Argument Calendar

____________________
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff

- Appellee,

versus RBF TRUST LLC, a Florida company, et al.,

Defendants,

PAULO FERNANDO DE BASTOS,

Defendant

- Appellant, USCA11 Case: 23-12900 Document: 34-1 Date Filed: 02/12/2024 Page: 1 of 32 Opinion of the Court 23

- 12900

____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:22

- cv

- 61831

- AHS

____________________
Before J ORDAN , J ILL P RYOR , and L AGOA , Circuit Judges.

PER CURIAM: The Securities and Exchange Commission’s (“SEC”) motion to dismiss this appeal for lack of jurisdiction is GRANTED. Paulo Fernando De Bastos appeals from the district court’s order denying his motion for deposition via videoconference. The SEC argues tha t the court’s order was not a final order or an appealable interlocutory order because it was a pretrial discovery order not subject to immediate appeal, De Bastos’s interest in a remote deposition was merely a preference, and the order was not certified for interlocutory review. We agree. We lack jurisdiction to review the court’s order denying De Bastos a remote deposition because it did not end the litigation on the merits, and it is therefore not final and appealable. See 28 U.S.C. § 1291; World Fue l Corp. v. Geithner , 568 F.3d 1345, 1348 (11th Cir. 2009) ; Rouse Constr. Int’l, Inc. v. Rouse Constr. Corp.
, 680 F.2d 743, 745 (11th Cir. 1982) . Additionally, the order is notimmediately appealable under the collateral order doctrine because De Bastos ma y raise arguments about the court’s denial of his motion to appear remotely for his deposition after a final USCA11 Case: 23-12900 Document: 34-1 Date Filed: 02/12/2024 Page: 2 of 323

- 12900 Opinion of the Court 3
judgment is issued in the case. See Plaintiff A v. Schair , 744 F.3d 1247, 1252

- 53 (11th Cir. 2014) ; Richardson

- Merrell, Inc. v. Koller , 472 U.S. 4 24, 430

- 31 (1985) (stating that the collateral order doctrine is narrow, and its “ reach is limited to trial court orders affecting rightsthat will be irretrievably lost in the absence of an immediate appeal”). Accordingly, De Bastos’s appeal is DISMISSED for lack of jurisdiction. USCA11 Case: 23-12900 Document: 34-1 Date Filed: 02/12/2024 Page: 3 of 3
---

Exhibit 32.2

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

I, Ron Kalfus, Chief Financial Officer of MabCure Inc. (the
Company), hereby certify pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of
my knowledge:

| | (a) | the quarterly report on Form 10-Q of the Company, for the
      three month period ended September 30, 2009, and to which this
      certification is attached as Exhibit 32.2 (the Report) fully complies
      with the requirements of Section 13(a) or 15(d) of the Securities Exchange
      Act of 1934, as amended; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                                                                                                                                                                                                 
| | (b) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                                                                                

|By:    | /s/
      Ron Kalfus                         | 
|------ | -------------------------------------------- | 
|Name:  | Ron Kalfus                                   | 
|Title: | Chief Financial Officer                      | 
|       | (Principal Financial and Accounting Officer) | 
|Date:  | November 17, 2009                            | 

A signed original of this written statement required by
Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the
Registrant and will be retained by the Registrant and furnished to the
Securities and Exchange Commission or its staff upon request.

This certification accompanies the Form 10-Q to which it
relates, is not deemed filed with the Securities and Exchange Commission and is
not to be incorporated by reference into any filing of the Registrant under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of this Form 10-Q), irrespective of any general
incorporation language contained in such filing.

---
Exhibit 99.4 Certification by the Chief Financial Officer.


                                  Certification



I, Jeffery D. Joyce, the Chief Financial Officer of Heartland Bancshares,  Inc.,
certify  that (i) the Annual  Report on Form 10-KSB for the annual  period ended
December 31, 2002 fully complies with the requirements of Section 13(a) or 15(d)
of the Securities  Exchange Act of 1934, and (ii) the  information  contained in
the Annual Report on Form 10-KSB for the annual  period ended  December 31, 2002
fairly presents,  in all material respects,  the financial condition and results
of operations of Heartland Bancshares, Inc.




                                          __/s/ Jeffery D. Joyce   ________



                                          _Jeffery D. Joyce______________



                                          _March 28, 2003 _______________