alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 20

- 10367 Conference Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Paul Austin Jones,**

Defendant

— Appellant

**.**

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

- 19

- CR

- 313

- 1

Before **Jones, Clement,** and **Haynes,** Circuit Judges

**. Per Curiam**  **:** *

The Federal Public Defender appointed to represent Paul Austin Jones has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Jones has not filed a response. We have reviewed

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 1, 2021
Lyle W. Cayce Clerk Case: 20-10367 Document: 00515881625 Page: 1 Date Filed: 06/01/2021No. 20

- 10367

2 counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellat e review. Accordingly, counsel’s motion for leave to
withdraw is **GRANTED** , counsel is excused from further responsibilities herein, and the **APPEAL IS DISMISSED**

. See **5th Cir. R.** 42.2

. Case: 20-10367 Document: 00515881625 Page: 2 Date Filed: 06/01/2021
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          OCT-31-1999
<PERIOD-END>                               OCT-31-1999
<CASH>                                        22594000
<SECURITIES>                                         0
<RECEIVABLES>                                 11203000
<ALLOWANCES>                                         0
<INVENTORY>                                  110800000
<CURRENT-ASSETS>                             146918000
<PP&E>                                          551000
<DEPRECIATION>                                  389000
<TOTAL-ASSETS>                               146918000
<CURRENT-LIABILITIES>                         29462000
<BONDS>                                       19700000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 146918000
<SALES>                                      280644000
<TOTAL-REVENUES>                             322915000
<CGS>                                        228859000
<TOTAL-COSTS>                                303269000
<OTHER-EXPENSES>                             (1929000)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               21575000
<INCOME-TAX>                                  21575000
<INCOME-CONTINUING>                           21575000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  21575000
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>
Exhibit 31.1**CERTIFICATION**I, Robert F. McCullough, Jr. certify that:(1) I have reviewed this quarterly report on Form 10-QSB of CytoCore, Inc.; (2) Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; (3) Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the small business issuer as of, and for, the periods presentedin this report; (4) The small business issuer’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the small business issuer and have:a. designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatingto the small business issuer, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;b. evaluated the effectiveness of the small business issuer’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; andc. disclosed in this report any change in the small business issuer’s internal control overfinancial reporting that occurred during the small business issuer’s most recent fiscalquarter (the small business issuer’s fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, the small businessissuer’s internal control over financial reporting; and(5) I have disclosed, based on my mostrecent evaluation of internal control over financial reporting, to the small business issuer’sauditors and the audit committee of the small business issuer’s board of directors (or personsperforming the equivalent functions):a. all significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the smallbusiness issuer’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 asignificant role in the small business issuer’s internal control over financial reporting.       /s/ Robert F. McCullough, Jr.     Robert F. McCullough, Jr.    Chief Executive Officer and    Chief Financial Officer    Dated: November 13, 2007
[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Notices]
[Page 47247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18769]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Revised Fiscal Year 2008 Tariff-Rate Quota Allocations for 
Refined Sugar

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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

SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice of additional country-by-country allocations of the 
in-quota quantity of the tariff-rate quotas for imported refined sugar 
for the period August 14, 2008 through December 31, 2008 (FY 2008).

DATES: Effective Date: August 13, 2008.

ADDRESSES: Inquiries may be mailed or delivered to Leslie O'Connor, 
Director of Agricultural Affairs, Office of Agricultural Affairs, 
Office of the United States Trade Representative, 600 17th Street, NW., 
Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Leslie O'Connor, Office of 
Agricultural Affairs, telephone: 202-395-6127 or facsimile: 202-395-
4579.

SUPPLEMENTARY INFORMATION: Pursuant to Additional U.S. Note 5 to 
chapter 17 of the Harmonized Tariff Schedule of the United States 
(HTS), the United States maintains a tariff-rate quota for imports of 
refined sugar.
    Section 404(d)(3) of the Uruguay Round Agreements Act (19 U.S.C. 
3601(d)(3)) authorizes the President to allocate the in-quota quantity 
of a tariff-rate quota for any agricultural product among supplying 
countries or customs areas. The President delegated this authority to 
the United States Trade Representative under Presidential Proclamation 
6763 (60 FR 1007).
    On August 6, 2008, the Secretary of Agriculture increased the in-
quota quantity of the tariff-rate quota for refined sugar for FY 2008 
by 272,155 metric tons raw value, none of which is for specialty 
sugars. A total of 40,000 metric tons raw value is being allocated to 
Canada. A total of 68,278 metric tons raw value is being allocated to 
Mexico. The remaining 163,877 metric tons raw value of the in-quota 
quantity may be supplied by any country on a first-come, first-served 
basis, subject to any other provision of law. The certificate of quota 
eligibility is required for sugar entering under the tariff-rate quota 
for refined sugar that is the product of a country that has been 
allocated a share of the tariff-rate quota for refined sugar.

Susan C. Schwab,
United States Trade Representative.
[FR Doc. E8-18769 Filed 8-12-08; 8:45 am]
BILLING CODE 3190-W8-P
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

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and accompanies this Annual Report of Telular Corporation (the
"Company") on Form 10-K/A Amendment No. 1 for the period ended September 30,
2003 (the "Report").

I, Kenneth E. Millard, Chairman and Chief Executive Officer of the Company, and
I, Jeffrey L.Herrmann, Executive Vice President, Chief Operating Officer and
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, to the
best of 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.

/s/ Kenneth E. Millard
Kenneth E. Millard
Chairman and Chief Executive Officer
March 16, 2004

/s/ Jeffrey L. Herrmann
Jeffrey L. Herrmann
Executive Vice President, Chief Operating Officer and Chief Financial Officer
March 16, 2004


                                       49
No. 71-1332.

#### San Antonio Independent School District et al. *v.*Rodriguez et al.,

411 U. S. 1. Motions of respondents for leave to proceed *in forma pauperis nunc pro tunc*and to retax costs denied.
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
STATEMENT OF INCOME, STATEMENT OF CASH FLOWS, BALANCE SHEET, AND STATEMENT OF
COMMON STOCKHOLDER'S EQUITY, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000201533
<NAME> CONSUMERS ENERGY COMPANY
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                        4,021
<OTHER-PROPERTY-AND-INVEST>                        615
<TOTAL-CURRENT-ASSETS>                             480
<TOTAL-DEFERRED-CHARGES>                         1,821
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                   6,937
<COMMON>                                           841
<CAPITAL-SURPLUS-PAID-IN>                          645
<RETAINED-EARNINGS>                                491
<TOTAL-COMMON-STOCKHOLDERS-EQ>                   1,977
<PREFERRED-MANDATORY>                              395
<PREFERRED>                                         44
<LONG-TERM-DEBT-NET>                               806
<SHORT-TERM-NOTES>                                 151
<LONG-TERM-NOTES-PAYABLE>                        1,201
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                       55
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                         86
<LEASES-CURRENT>                                    33
<OTHER-ITEMS-CAPITAL-AND-LIAB>                   2,189
<TOT-CAPITALIZATION-AND-LIAB>                    6,937
<GROSS-OPERATING-REVENUE>                        1,126
<INCOME-TAX-EXPENSE>                                53
<OTHER-OPERATING-EXPENSES>                         939
<TOTAL-OPERATING-EXPENSES>                         992
<OPERATING-INCOME-LOSS>                            134
<OTHER-INCOME-NET>                                   2
<INCOME-BEFORE-INTEREST-EXPEN>                     136
<TOTAL-INTEREST-EXPENSE>                            42
<NET-INCOME>                                        94
<PREFERRED-STOCK-DIVIDENDS>                          9
<EARNINGS-AVAILABLE-FOR-COMM>                       85
<COMMON-STOCK-DIVIDENDS>                            79
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                             293
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
#### ESTES v. ÆTNA CASUALTY & SURETY CO. et al.

No. 14980.

Court of Appeal of Louisiana. Orleans.

Dec. 10, 1934.

For former opinion, see 157 So. 395.

PER CURIAM.

Our original decree was rendered against Alberta Kinsey and ¿Etna Casualty & Surety Company, in solido. Our attention is called to the fact that by supplemental petition the ¿Etna Life Insurance Company was substituted as a party defendant for ¿Etna Casualty & Surety Company. The decree should, therefore, have been rendered against Alberta Kinsey and ¿Etna Life Insurance Company.

It is therefore ordered, -adjudged, and de-screed that our decree be amended by the substitution of- ¿Etna Life Insurance Company fpr ¿Etna Casualty & Surety Company, and as thus amended that it be reinstated. The application of Alberta Kinsey for a rehearing is refused. The right of ¿Etná Life Insurance Company to apply for rehearing is reserved.

Decree amended.

Rehearing refused.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case No. 09-MC-51117

v.

Hon. John Corbett O’Meara

MICHAEL BURT,

Defendant,

and

PRUDENTIAL INSURANCE 

COMPANY OF AMERICA,

Garnishee.

______________________________/

ORDER DENYING MOTION FOR RECONSIDERATION

Before the court is Defendant Michael Burt’s motion for reconsideration of the court’s

March 7, 2012 order denying application to proceed in forma pauperis on appeal. The court

finds that Defendant has failed to “demonstrate a palpable defect by which the court and the

parties . . . have been misled.” LR 7.1(h)(3), and therefore denies the motion.

SO ORDERED.

s/John Corbett O’Meara 

United States District Judge

Date: April 18, 2012

5:09-mc-51117-JCO-MKM Doc # 45 Filed 04/18/12 Pg 1 of 2 Pg ID 169
-2-

I hereby certify that a copy of the foregoing document was served upon the parties of

record on this date, April 18, 2012, using the ECF system and/or ordinary mail.

s/William Barkholz 

Case Manager

5:09-mc-51117-JCO-MKM Doc # 45 Filed 04/18/12 Pg 2 of 2 Pg ID 170
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22

- 6053

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.
ALHAKKA CAMPBELL , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. Henry E. Hudson , Senior District Judge. ( 3:18

- cr - 00124

- HEH

- 1 )

Submitted : April 14, 2022 Decided: April 19, 2022

Before DIAZ and RUSHING , Circuit Judges , and KEENAN, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.
Alhakka Campbell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6053 Doc: 9 Filed: 04/19/2022 Pg: 1 of 22 PER CURIAM: Alhakka Campbell appeals the district c ourt’s order denying his motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), as amended by the First Step Act of 2018, Pub. L. No. 115

- 391, § 603(b)(1), 132 Stat. 5194, 5239. Upon review
of the record , we discern no abuse of discret ion in the district court’s determination that the pertinent 18 U.S.C. § 3553(a) factors weighed against compassionate release. See
United States v. Kibble , 992 F.3d 326, 329 (4th Cir.) (providing standard of review and outlining steps for evaluating comp assionate release motions) , cert. denied , 142 S. Ct. 383 (2021). Accordingly, we deny Campbell’s motion to remand and for a certificate of appealability and affirm the district court’s order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED USCA4 Appeal: 22-6053 Doc: 9 Filed: 04/19/2022 Pg: 2 of 2
Exhibit 4.1 


   





 Alaia Capital, LLC 


 10 Corbin Drive 


 Darien, Connecticut 06820 


   


 February 13, 2020 


   





 m+ funds Trust, Series 6-4 


 Defined Preservation Fund 


 c/o The Bank of New York Mellon, as Trustee 


 2 Hanson Place, 12th Floor 


 Brooklyn, New York 11217 







   


		 Re: 	 m+ funds Trust, Series 6-4 (the “Trust”) 



   


   


 Ladies and Gentlemen: 


   


 We have examined Amendment No. 2 to
the Registration Statement (File No. 333-235760) for the above captioned Trust. We hereby consent to the use in the Registration
Statement of the references to Alaia Capital, LLC as evaluator. 


   


 You are hereby authorized to file a
copy of this letter with the Securities and Exchange Commission. 


   


   










	   	 Very
    truly yours, 	   
	   	   	   
	   	 Alaia
    Capital, LLC 	   
	   	   	   
	   	 By: 	 /s/
    Oscar Loynaz 	   	   
	   	   	 Name:
    Oscar Loynaz 	   
	   	   	 Title:  Managing
    Director
EXHIBIT 23.1
                          INDEPENDENT AUDITORS CONSENT



The Board of Directors
Stratasys, Inc.:

We hereby consent to the incorporation by reference in the registration
statements of Stratasys, Inc. on Forms SB-2 (Registration No. 33-99108), S-8
(Registration No. 93362) and S-3 (Registration No. 333-4185), of our report on
the financial statements of Stratasys, Inc. and to the reference to our firm
under the heading "experts" in the prospectuses included in such registration
statements.


                                         Rothstein, Kass & Company, P.C.


Roseland, New Jersey
March 27 , 1997
<PAGE>
Exhibit 12.1

                             SUMMIT PROPERTIES INC.
               CALCULATION OF RATIOS OF EARNINGS TO FIXED CHARGES
                             (DOLLARS IN THOUSANDS)


<TABLE>
<CAPTION>

                                                                        YEAR ENDED DECEMBER 31,
                                                                     2001        2000        1999        1998       1997
                                                                  ----------  ----------  ----------  ----------  ----------
<S>                                                               <C>         <C>         <C>         <C>         <C>
Income before minority interest of
    unitholders in Operating Partnership and
    extraordinary items                                            $ 77,316    $ 86,814    $ 59,760    $ 66,475    $ 31,934
Interest:
    Expense incurred                                                 39,854      38,649      37,282      32,550      20,902
    Amortization of deferred financing costs                          1,404       1,072         992         956       1,057
    Rental fixed charges                                                291         280         159         133         115
                                                                  ----------  ----------  ----------  ----------  ----------
    Total                                                          $118,865    $126,815    $ 98,193    $100,114    $ 54,008
                                                                  ==========  ==========  ==========  ==========  ==========

Fixed charges:
    Interest expense                                               $ 39,854    $ 38,649    $ 37,282     $32,550     $20,902
    Interest capitalized                                             11,080      11,117       7,888       6,143       5,876
    Dividends to preferred unitholders in operating parthership      12,420      12,420       6,698           -           -
    Rental fixed charges                                                291         280         159         133         115
    Amortization of deferred financing costs                          1,404       1,072         992         956       1,057
                                                                  ----------  ----------  ----------  ----------  ----------
      Total                                                        $ 65,049    $ 63,538    $ 53,019    $ 39,782    $ 27,950
                                                                  ==========  ==========  ==========  ==========  ==========

Ratio of earnings to fixed charges                                     1.83        1.99        1.85        2.52        1.93
                                                                  ==========  ==========  ==========  ==========  ==========


</TABLE>
#### The People of the State of New York ex rel. Lydia A. Dent, Relator, v. John H. Bogart, Commissioner of Licenses for the City of New York, Respondent.

Writ sustained and proceedings annulled, with fifty dollars costs and disbursements. Ho opinion. Settle order on notice.
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 TJS Wood Flooring, Inc. (the Company) on Form 10-QSB for the period ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brandi Iannelli, Chief Executive and Chief Financial 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 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.  /s/ Brandi Iannelli Brandi Iannelli Title: President and Chief Financial Officer   April 3, 2008
#### Albert Rosenblatt, Appellant, v. The City of New York, Respondent.

Judgment affirmed, with costs. No opinion.
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 March  31, 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.  May 17, 2010 /s/ Chunxiang Li Chief Financial Officer