alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00068-CR

Anthony Dwight Richards, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT

NO. CR21914, HONORABLE ED MAGRE, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

A jury found appellant Anthony Dwight Richards guilty of possessing more than one

gram but less than four grams of cocaine with intent to deliver. See Tex. Health & Safety

Code nn. § 481.112 (West 2003). The jury assessed punishment, enhanced by a previous felony

conviction, at seventy-five years in prison.

A police officer investigating a disturbance call stopped an automobile fitting the

description of the vehicle involved in the disturbance. Appellant was the driver and sole occupant

of the car. Appellant was arrested after it was learned that his driver’s license was suspended.

Incident to the arrest, a small bag of cocaine was found in the car where appellant had been sitting.

More cocaine, packaged in two small bags and one larger bag, was found in the car after it

was impounded.
2

Appellant’s court-appointed attorney has filed a motion to withdraw supported by a

brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of

Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record

demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio,

488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State,

516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972);

Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Appellant received a copy of

counsel’s brief and has filed his own pro se brief.

We have reviewed the record, counsel’s brief, and the pro se brief. We agree with

counsel that the appeal is frivolous and without merit. We find nothing in the record that might

arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005)

(holding that it is constitutional error for appellate court to address nonmeritorious arguments raised

in pro se response to Anders brief). Counsel’s motion to withdraw is granted.

The judgment of conviction is affirmed.

__________________________________________

J. Woodfin Jones, Chief Justice

Before Chief Justice Jones, Justices Puryear and Pemberton

Affirmed

Filed: February 19, 2009

Do Not Publish
EXHIBIT 32

                                  CERTIFICATION
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Quarterly Report on Form 10-Q of Lucky Strike
Explorations Inc. (the "Company") for the period ended March 31, 2009, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
Michael Noble, as Chief Executive Officer and Chief Financial Officer of the
Company, hereby certifies, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to
ss.906 of the Sarbanes-Oxley Act of 2002, that:

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

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


Date: May 11, 2008                   By: /s/ Michael Noble
                                         ---------------------------------------
                                         Michael Noble
                                         Chief Executive Officer
                                         Chief Financial Officer

This certification accompanies each Report pursuant to ss. 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 ss.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.
---

CERTIFICATION OFCHIEF EXECUTIVE OFFICER AND CHIEF
FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION
1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

I, Bernie J. Hoing, the Chief Executive Officer and Chief
Financial Officer of Pengram Corporation (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:

| | (i)  | the Quarterly Report on Form 10-QSB of the Company, for
      the fiscal quarter ended August 31, 2007, and to which this certification
      is attached as Exhibit 32.1 (the Report) fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
      1934, as amended; and
| | ---- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                            
| | (ii) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                                                                           

| | By:    | /s/
      Bernie J. Hoing  
| | ------ | ---------------------------
| |        |                            
| | Name:  | BERNIE J. HOING            
| |        |                            
| | Title: | Chief Executive Officer and
| |        | Chief Financial Officer    
| |        |                            
| | Date:  | October 15, 2007           
| |        |                            

A signed original of this written statement required by
Section 906 of the Sarbanes-Oxley Act of 2002 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 accompanies the Form 10-QSB 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 Company under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of the Form 10-QSB), irrespective of any general
incorporation language contained in such filing.

---
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.                  

###### Small Business Administration

          - [Disaster Declaration #11308]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 3.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Illinois (FEMA—1771—DR), dated 06/24/2008.

*Incident:*                         Severe Storms and Flooding.                    

*Incident Period:*                         06/01/2008 through 07/22/2008.                    

# EFFECTIVE DATE:

07/22/2008.

*Physical Loan Application Deadline Date:*                         08/25/2008.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of Illinois, dated 06/24/2008, is hereby amended to establish the incident period for this disaster as beginning 06/01/2008 and continuing through 07/22/2008.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

Herbert L. Mitchell,

Associate Administrator for Disaster Assistance.

[FR Doc. E8-17768 Filed 8-1-08; 8:45 am]

BILLING CODE 8025-01-P
Exhibit 32.2

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                           PURSUANT TO 18 U.S.C. 1350
                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

In connection with the Quarterly Report of Casey Container, Corp. (the
"Company") on Form 10-Q for the quarter ending March 31, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Terry
W. Neild, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:

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

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



/s/ Terry W. Neild
----------------------------------
Terry W. Neild
Chief Financial Officer
May 12, 2010

This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933, as amended, or the
Exchange Act, except to the extent that the Company specifically incorporates it
by reference.

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.
Petition for Writ of Mandamus Denied and Memorandum Opinion filed April

19 , 2013

.

In The



## Fourteenth Court of Appeals

NO. 14

- 13

- 00146

- CV

IN RE Y. GINA LISITS A AND LISITSA LAW CO RPORATION , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS On Appeal from the 333rd District Court

Harris County, Texas Trial Court Cause No. 2011

- 51599

MEMORANDUM OPINION
On February 22, 2013, relator s filed a petition for writ of Mandamus in this
Court. See Tex. Gov’t Code Ann. §22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Joseph J. Halbach, Jr., presiding judge of the 333rd District Court of Harris County to vacate his order of February 20, 20 13, denying relators’ motion for protective order.2

Relator s ha ve not established they are entitled to mandamus relief

. Accordingly, we deny relator s ’ petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Christopher, Jamison and McCally.
**Exhibit 32**     The following certifications are being furnished solely to accompany the Report pursuant to 18U.S.C. § 1350, and pursuant to SEC Release No. 33-8238 are being “furnished” to the SEC rather than“filed” either as part of the Report or as a separate disclosure statement, and are not to beincorporated by reference into the Report or any other filing of the Company, whether made beforeor after the date hereof, regardless of any general incorporation language in such filing. Theforegoing certifications shall not be deemed “filed” for purposes of Section 18 of the SecuritiesExchange Act of 1934, as amended, or otherwise subject to the liabilities of Section 18 or Sections11 and 12(a)(2) of the Securities Act of 1933, as amended.**Certification of Chief Executive Officer**     Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, theundersigned officer of Dot Hill Systems Corporation (the “Company”) hereby certifies, to suchofficer’s knowledge, that:     (i) the accompanying Annual Report on Form 10-K of the Company for the annual period endedDecember 31, 2007 (the “Report”) fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934, as amended; and     (ii) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company./s/ DANA W. KAMMERSGARD
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 Annual Report of Spherion Corporation (the "Company") on Form 10-K for the period ending December 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Roy G. Krause, President and 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:



|/s/ROY G. KRAUSERoy G. Krause
President and Chief Executive Officer
March 15, 2005 |  | 
|---------------------------------------------------------------------------------- |  | 

84

---



QuickLinks
Exhibit 31.2
 CERTIFICATION
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Quicksilver Gas Services LP;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 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:
    5.
    
    The registrants other certifying officer 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):
    /s/ Philip CookPhilip CookSenior Vice President  Chief Financial Officer
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 of China Green Creative, Inc.
(the Company) on Form 10-Q for the period ending December 31, 2008 as
filed with the Securities and Exchange Commission on the date hereof, I, Chen
Feng, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002,
that:  1. The Companys Report 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 20, 2009  /s/    Chen Feng Chen Feng, Chief Executive Officer
FILED

United States Court of Appeals

Tenth Circuit

December 15, 2015

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

MATTHEW RUCKER,

Plaintiff - Appellant,

v.

THE VATICAN BANK; THE

WORLD BANK; THE

INTERNATIONAL MONETARY

FUND; THE FEDERAL RESERVE;

THE UNITED STATES FEDERAL

CORPORATION; THE STATE OF

KANSAS CORPORATION,

Defendants - Appellees.

No. 15-3171

(D.C. No. 5:15-CV-03143-SAC-DJW)

(D. Kan.)

ORDER AND JUDGMENT*

Before GORSUCH, O’BRIEN, and BACHARACH, Circuit Judges.

Matthew Rucker, a prisoner housed at the Larned Correctional Mental

Health Facility, seeks leave from this court to proceed in forma pauperis and to

appeal the district court’s dismissal of his complaint as legally frivolous. We do

*

 After examining the briefs and appellate record, this panel has determined

unanimously that oral argument would not materially assist in the determination

of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is

therefore ordered submitted without oral argument. This order is not binding

precedent except under the doctrines of law of the case, res judicata and collateral

estoppel. It may be cited, however, for its persuasive value consistent with Fed.

R. App. P. 32.1 and 10th Cir. R. 32.1.
not see how we can. Even if we were to grant his motion and reach the merits of

his appeal, Mr. Rucker has failed to identify any reasoned basis for reversing the

district court’s order. The district court’s order is affirmed and the appeal is

dismissed. We further note that the district court’s dismissal is Mr. Rucker’s

third strike under 28 U.S.C. § 1915(g), restricting any future actions brought

under that section. Mr. Rucker’s in forma pauperis motion is denied. He is

reminded that he is obliged to pay the filing fee in full.

ENTERED FOR THE COURT

PER CURIAM

- 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 1st Home Buy & Sell Ltd. (the
"Company") on Form 10-Q for the period ending March 31, 2008 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Daniel L. Baxter, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 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 results of operations of the Company.
  /s/
      Daniel L. BaxterDaniel
      L. Baxter
                Principal
      Executive Officer
                May
      14, 2008
Exhibit 31.2
 CERTIFICATION OF CHIEF FINANCIAL OFFICER
  1.
    
    I have reviewed this quarterly report on Form 10-Q of RSC Holdings 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 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)) and internal control over
financial reporting (as defined in Exchange Act Rules 13a-15(f) and
15d-15(f)) 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)
    
    [Not Applicable]c)
    
    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;
andd)
    
    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 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 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; andb)
    
    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.
  /s/ David MathiesonDavid MathiesonSenior Vice President, and
Chief Financial Officer
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3866 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 3866

   To waive temporarily the Medicaid enrollment composition rule for 
               certain health maintenance organizations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 1996

 Mr. Towns (for himself, Mr. Greenwood, and Mr. Franks of Connecticut) 
 introduced the following bill; which was referred to the Committee on 
                                Commerce

_______________________________________________________________________

                                 A BILL

 
   To waive temporarily the Medicaid enrollment composition rule for 
               certain health maintenance organizations.

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

SECTION 1. WAIVER OF 75/25 MEDICAID ENROLLMENT RULE FOR CERTAIN MANAGED 
              CARE ORGANIZATIONS.

    The requirement of section 1903(m)(2)(A)(ii) of the Social Security 
Act is waived with respect to Catholic Health Services Plan of Brooklyn 
and Queens, Inc. (doing business as Fidelis Health Plan), Managed 
Healthcare Systems of New York, Inc., and Health Partners of 
Philadelphia, Inc., for contract periods through December 31, 1999.
                                 <all>
```