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should not be published and is not precedent except under the limited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. 96-41086

_______________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

ROBERT W. SCHMALZRIED,

Defendant-Appellant.

_________________________

Appeal from the United States District Court

for the Eastern District of Texas

(6:95-CV-749)

_________________________

August 14, 1997

Before JOLLY, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

Robert Schmalzried appeals the denial of his motion to vacate,

set aside, or correct his sentence pursuant to 28 U.S.C. § 2255.

Construing his notice of appeal as an application for a certificate

of appealability (“COA”), in accordance with the provisions of the

Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”),
1 See FED. R. APP. P. 22(b) (providing that a notice of appeal shall be

construed as a motion for COA if no express request is filed); see also Orozco,

103 F.3d at 392.

2 See Lucas v. Johnson, 101 F.3d 1045, 1046 (5th Cir. 1996).

2

Pub. L. No. 104-132, 110 Stat. 1214, 1217-18 (1996), we stayed the

briefing schedule pending the disposition of this COA application.

We now order the briefing schedule to be implemented.

The AEDPA amended 28 U.S.C. § 2253 to require the issuance of

a COA as a prerequisite to appealing the denial of a § 2255 motion.

In United States v. Orozco, 103 F.3d 389 (5th Cir. 1996), we held

that the COA requirement applies to § 2255 petitions in which the

notice of appeal was filed on or after the effective date of the

AEDPA, April 24, 1996. Id. at 390-92.

Schmalzried filed his notice of appeal on October 28, 1996.

Therefore, we construed the notice of appeal as a request for a

COA1 and stayed briefing pending the disposition of this

application.2 The intervening decision in Lindh v. Murphy,

117 S. Ct. 2059 (1997), however, eliminates the need to issue a COA

in the instant case. In Lindh, the Court concluded that the

amendments to chapter 153 of title 28 apply only to cases filed

after the effective date of the AEDPA. Id. at 4561. Insofar as

the COA requirement, 28 U.S.C. § 2253(c), falls within chapter 153

of title 28, Lindh has overruled Orozco. Hence, the COA

requirement applies only to § 2255 petitions filed after the

effective date of the AEDPA. United States v. Carter, 117 F.3d

262, 264 (5th Cir. 1997).
3

Schmalzried filed his § 2255 petition on October 13, 1995.

Therefore, a COA is not needed to vest jurisdiction in this court.

Accordingly, we order that a briefing notice shall issue forthwith,

instructing the United States to respond to Schmalzried's brief,

and the appeal shall be submitted for consideration and action in

accordance with the usual procedures.

IT IS SO ORDERED.
EXHIBIT 32

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND 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, Mike P. Kurtanjek, 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,
Avro Energy Inc`s. Quarterly Report on Form 10-Q for the fiscal quarter ended
March 31, 2008 fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and that information contained in such
Quarterly Report on Form 10-Q fairly presents in all material respects the
financial condition and results of operations of Avro Energy Inc.


Date: May 20, 2008                    By: /s/ Mike P. Kurtanjek
                                         ---------------------------------------
                                      Name:  Mike P. Kurtanjek
                                      Title: Chief Executive & Financial Officer
Exhibit 10.2

# 

May 30, 2002
Securities and Exchange Commission
450 Fifth Street, NW.
Washington, D.C. 20549
Ladies and Gentlemen:

In
connection with the audit of our consolidated financial statements as of
December 31, 2001 and for the year then ended, we have received representations
from Arthur Andersen LLP, our independent public accountants that (i) this audit
was subject to Arthur Andersen LLPs quality control system for the U.S.
accounting and auditing practice to provide reasonable assurance that the
engagement was conducted in compliance with professional standards, and (ii)
that there was appropriate continuity of Arthur Andersen personnel working on
the audit and national office consultation. Availability of personnel at foreign
affiliates of Arthur Andersen LLP was not relevant to this audit.

| |  |  | Very truly yours,                |                         
| |  |  | -------------------------------- | ------------------------
| |  |  | SUN INTERNATIONAL HOTELS LIMITED |                         
| |  |  | By:                              | /s/John R. Allison      
| |  |  | Name:                            | John R. Allison         
| |  |  | Title:                           | Executive Vice President
| |  |  |                                  | Chief Financial Officer
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-94,650-01

EX P ARTE EDIBE RTO ANTONIO DEL EON, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 83201-CR- A IN THE 149 DISTRICT COURT T H F ROM BRAZ ORIA COUNTY

Per curiam . S L A U G H T E R , J. fi led a concurring opin ion. O P I N I O N Applicant was convicted of murder and sentenc ed to seventy y ear s’ imprisonment. The First Court of Appea ls aff

irmed his conviction. DeLeon v. State , No. 01-19-00695- CR (Tex. App.—Houston [1 Dist.] Aug

. 24, 2021) (not desig nated for publication )

. Ap p l i cant filed this st application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to thi s Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends t h at appellate counsel failed to timely inform Applicant that his conviction had been affir med and advise him of hi s rig ht to file a pro se petition for discretionary revie w. Ba sed on the rec ord, the trial court has deter mined that appellate counsel’s perf ormanc e was defic ient and that Applicant would have timely filed a petition for discretionar y revie w but for2

counsel’s de ficient pe rfor mance . Relief is g rante d. Ex parte W ilson , 956 S.W .2d 25 (Tex. Crim. App. 1997); Ex parte Crow , 180 S.W

. 3 d 135 (Tex. Crim. App. 2005). Applicant may file an out-of-time petition for discretionar

y revie w of the judg ment of the F irst Court of Appea ls in cause number 01-19-00695- CR. Sho uld Applicant decide to file a petition for discretionar y revie w, he must file it with this Court within thi rty

day s from the da te of this Court’s mandate. Copies of this opinion shall be sent to the Te xa s D e p a r tm e n t o f Cr im in al J ustice–Corre ctional I nstitut ions Division and the Boa rd of Par dons and Paroles.

Deliver ed: April 26, 2023 Do not publish
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           21169
<SECURITIES>                                         0
<RECEIVABLES>                                    10107
<ALLOWANCES>                                      1256
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 32054
<PP&E>                                            9308
<DEPRECIATION>                                    5799
<TOTAL-ASSETS>                                   35563
<CURRENT-LIABILITIES>                            11666
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           894
<OTHER-SE>                                       22387
<TOTAL-LIABILITY-AND-EQUITY>                     35563
<SALES>                                          40560
<TOTAL-REVENUES>                                 40560
<CGS>                                            21787
<TOTAL-COSTS>                                    46746
<OTHER-EXPENSES>                                 (573)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  63
<INCOME-PRETAX>                                 (5613)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (5613)
<EPS-BASIC>                                      (.77)
<EPS-DILUTED>                                    (.77)


</TABLE>
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





Each of the undersigned officers of
PHC, Inc. (the “Company”) hereby certifies that, to the best of their knowledge,
the Annual Report on Form 10-K/A for the fiscal year ended June 30, 2009 (the
“Report”), as filed with the Securities and Exchange Commission on the date
hereof, fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended (the “Exchange Act”), and that the
information contained in the report fairly presents, in all material respects,
the financial condition and results of operations of the Company.











Date:  October 5,
2009                                                                                        By:   /s/  Bruce A.
Shear__________


Bruce A.
Shear, President


and Chief Executive Officer





Date:  October
5,
2009                                                                                        By:   /s/  Paula C.
Wurts__________


Paula C. Wurts,


Chief Financial Officer
Exhibit 23

Consent of Independent Registered
Public Accounting Firm

We consent to the incorporation by
reference in the Registration Statement (Form S-8) pertaining to Telular
Corporation Sixth Amended and Restated Stock Incentive Plan of our reports dated
December 11, 2006, with respect to the consolidated financial statements and
schedule of Telular Corporation, Telular Corporation managements assessment of
the effectiveness of internal control over financial reporting, and the
effectiveness of internal control over financial reporting of Telular
Corporation included in the Annual Report on Form 10-K for the year ended
September 30, 2006.

| | Ernst & Young LLP
| | -----------------

Chicago, IllinoisDecember 11,
2006

56

---
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 China Vitup Health Care Holdings, Inc. (the Company) on Form 10-Q for the period ended June 30, 2010 (the Report), I, Chunxiang Li, Chief Financial Officer 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: 1) The Report fully complies with the requirement 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 Company's financial position and results of operations.  August 13, 2010 /s/ Chunxiang Li, Chief Financial Officer
I

104TH CONGRESS

1ST SESSION H. R. 458

To amend the formula for determining the Official Mail Allowance for

Members, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 9, 1995

Mr. UPTON introduced the following bill; which was referred to the Committee

on House Oversight

A BILL

To amend the formula for determining the Official Mail

Allowance for Members, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FORMULA FOR DETERMINING OFFICIAL MAIL

4 ALLOWANCE.

5 (a) IN GENERAL.—Section 311(e)(2)(B)(i) of the

6 Legislative Branch Appropriations Act, 1991 (2 U.S.C.

7 59e(e)(2)(B)(i)) is amended by striking ‘‘3’’ and inserting

8 ‘‘1.5’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 this section shall apply with respect to sessions of Con-
2

•HR 458 IH

1 gress beginning with the second session of the One Hun2 dred Fourth Congress.

3 SEC. 2. TRANSFER OF CERTAIN FUNDS PROHIBITED.

4 Section 101(c)(2) of the Legislative Branch Appro5 priations Act, 1993 (2 U.S.C. 95b(c)(2)), is amended by

6 striking ‘‘ ‘‘OFFICIAL MAIL COSTS’’,’’.

Æ
#### In the Matter of the Estate of Glen Hoover, Deceased. Claims of James Riley Hargis and Alpha Toomey, v. Mary Weinbrenner, Executor.

Gen. No. 66-43.

Fifth District.

October 22, 1966.

Miller & Pfaff, of Salem, for appellant; Raemer & Albright, of Salem, for appellees.

Opinion by

JUSTICE MORAN.

Not to be published in full.
```

[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Notices]
[Page 46891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18588]

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

DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2008-0052]

Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to Delete a System of Records.

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

SUMMARY: The Department of the Army is deleting a system of records in 
its existing inventory of record systems subject to the Privacy Act of 
1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
September 11, 2008 unless comments are received which result in a 
contrary determination.

ADDRESSES: Send comments to the Department of the Army, Records 
Management and Declassification Agency, Privacy Division, 7701 
Telegraph Road, Alexandria, VA 22315.

FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at (703) 428-6508.

SUPPLEMENTARY INFORMATION: The Department of the Army systems of 
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the address above.
    The Department of Army proposes to delete a system of records 
notice from its inventory of record systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended. The proposed deletion is not 
within the purview of subsection (r) of the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, which requires the submission of new or 
altered systems reports.

    Dated: August 1, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
A0037-1 DAPE

System name:
    Resource Management and Cost Accounting Files (February 22, 1993, 
58 FR 10002).

Reason:
    These records are now covered under notice T7905, Labor Cost and 
Reporting System (August 16, 2007, 72 FR 46040).

 [FR Doc. E8-18588 Filed 8-11-08; 8:45 am]
BILLING CODE 5001-06-P
```
IB

Private Calendar No. 1

104TH CONGRESS

1ST SESSION H. R. 418

[Report No. 104–358]

For the relief of Arthur J. Carron, Jr.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. STUPAK introduced the following bill; which was referred to the

Committee on the Judiciary

NOVEMBER 28, 1995

Committed to the Committee of the Whole House and ordered to be printed

A BILL

For the relief of Arthur J. Carron, Jr.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. WAIVER OF TIME LIMITATIONS.

4 The time limitations set forth in section 3702(b) of

5 title 31, United States Code, shall not apply with respect

6 to a claim by Arthur J. Carron, Jr., of Bark River, Michi7 gan, for amounts due to him by the Department of the

8 Navy. The amounts due are represented by the following
2

HR 418 RH

1 checks that were received but not negotiated by Arthur

2 J. Carron, Jr.:

3 (1) Treasury check number 2,831,843, dated

4 October 18, 1966, in the amount of $10,850.74 for

5 salary and expenses.

6 (2) Treasury check number 10,445,856, dated

7 January 29, 1971, in the amount of $1,361.00 for

8 salary and expenses.

9 (3) Treasury check number 71,681,041, dated

10 April 1, 1971, in the amount of $562.25 for retire11 ment pay.

12 SEC. 2. DEALINE.

13 Section 1 shall apply only if Arthur J. Carron, Jr.,

14 or his authorized representative, submits a claim pursuant

15 to such section before the expiration of the 3-month period

16 beginning on the date of the enactment of this Act.

Private Calendar No. 1

104TH CONGRESS

1ST SESSION H. R. 418

[Report No. 104–358]

A BILL

For the relief of Arthur J. Carron, Jr.

NOVEMBER 28, 1995

Committed to the Committee of the Whole House and

ordered to be printed
#### Phillip G. PATRICK, Appellant, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent.

No. 69559.

Missouri Court of Appeals, Eastern District, Division One.

Feb. 25, 1997.

Timothy F. Devereux, Clayton, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Sp. Asst. Atty. Gen., Mo. Department of Revenue, Jefferson City, for respondent.

Before DOWD, P.J., and REINHARD and GARY M. GAERTNER, JJ.

PER CURIAM.

Appellant, Phillip G. Patrick (“driver”), appeals the judgment of the Circuit Court of St. Louis County sustaining the suspension of his driving privileges by respondent, the Director of Revenue for the State of Missouri (“Director”). We remand.

Driver was arrested for driving a motor vehicle while intoxicated in violation of RSMo § 302.505,1 and his driving privileges were suspended. The suspension was sustained after an administrative hearing. Driver sought a trial *de nemo*in the circuit court pursuant to RSMo § 302.535. The presiding judge for the circuit court assigned driver’s case to a traffic court commissioner, who heard the case and entered findings and rec*952ommendations sustaining driver’s suspension. The findings and recommendations were adopted and confirmed as the judgment of the circuit court. Driver’s appeal followed.

On appeal, driver contends the presiding judge acted without jurisdiction in assigning his ease to the traffic court commissioner, and the commissioner acted without jurisdiction in hearing the case. We agree. RSMo § 302.535 provides that petitions for trials *de novo*shall be filed in the circuit court and heard by a circuit judge or an associate circuit judge, not a traffic court commissioner. *Chamberlain v. Director of Revenue,*921 S.W.2d 138, 139 (Mo.App. E.D.1996). The order entered here, after a trial *de novo*heard by a traffic court commissioner, is without legal effect. *Id.*at 138. Driver’s petition remains pending in the circuit court. *Id.*at 139. *See also Klipsch v. Lohman, Director of Revenue,*931 S.W.2d 197 (Mo.App. E.D.1996); *Battle v. Director of Revenue, State of Missouri,*930 S.W.2d 533 (Mo.App. E.D.1996). Accordingly, we remand for a hearing.

1

. All statutory references are to RSMo 1994.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4232 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 4232

To designate the United States Post Office building located at 251 West 
Lancaster Street in Fort Worth, Texas, as the ``Jim Wright Post Office 
                              Building''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 1996

   Mr. Pete Geren of Texas introduced the following bill; which was 
      referred to the Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL

 
To designate the United States Post Office building located at 251 West 
Lancaster Street in Fort Worth, Texas, as the ``Jim Wright Post Office 
                              Building''.

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

SECTION 1. JIM WRIGHT POST OFFICE BUILDING.

    (a) Designation.--The United States Post Office building located at 
251 West Lancaster Street in Fort Worth, Texas, is designated as the 
``Jim Wright Post Office Building''.
    (b) References.--Any reference in any law, map, regulation, 
document, paper, or other record of the United States to the United 
States Post Office building referred to in subsection (a) is deemed to 
be a reference to the ``Jim Wright Post Office Building''.
                                 <all>
```
#### Caroline A. Hickok, as Executrix, etc., of Chauncey L. Hickok, Deceased, Respondent, v. Auburn Light, Heat and Power Company, Appellant.

Order affirmed, with ten dollars costs and disbursements. All concurred.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM SEC FORM
10-K AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       3,269,859
<SECURITIES>                                         0
<RECEIVABLES>                                  417,069
<ALLOWANCES>                                    60,935
<INVENTORY>                                  2,401,953
<CURRENT-ASSETS>                             6,947,635
<PP&E>                                      28,939,638
<DEPRECIATION>                               5,646,712
<TOTAL-ASSETS>                              46,279,488
<CURRENT-LIABILITIES>                        6,984,231
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  2,000,000
<COMMON>                                        56,365
<OTHER-SE>                                   5,071,589
<TOTAL-LIABILITY-AND-EQUITY>                46,279,488
<SALES>                                     55,307,206
<TOTAL-REVENUES>                            55,307,206
<CGS>                                       12,715,861
<TOTAL-COSTS>                               42,419,861
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           2,664,938
<INCOME-PRETAX>                            (2,287,498)
<INCOME-TAX>                                 (173,017)
<INCOME-CONTINUING>                        (2,114,481)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
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<EPS-PRIMARY>                                   (0.80)
<EPS-DILUTED>                                   (0.80)
        

</TABLE>