alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## 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 NOS. WR-92,587-01, WR- 92,587-02, WR-92,587- 03 & WR-92,587- 04

EX P ARTE F IDEL ANGEL MAR TINEZ, Applicant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. 1073633-A, 1073634-A, 1073636-A & 1073635-A IN THE 209 DISTRICT COURT FROM HARRIS COUNTY

T H

Per curiam . O R D E R Applicant was convicted of murder and three c h a rg es of attempted murder. He was sentenc ed t o forty y ear s’ imprisonment for murder and to twenty y ear s’ imprisonment in eac h att em p t ed murder. Applicant filed these applications for writs of habea s corpus in the county of conviction, and the district cler

k forwa rded the m to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. I n five g rounds for relief

, Applicant contends that his plea was involuntary beca use counsel ignor ed his demands for a jury trial and, ag ainst his wishes, insisted he plead g uilty to the char g es. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Brady v. United States , 397 U.S. 742 (1970). Acc ording ly , the rec ord should be develope d. The trial court is the appropr iate forum for finding s of fac t. T E X . C O D E C R I M . P R O C . ar t

. 1 1 .07, § 3(d). The trial court shall order trial2

counsel to respond to Applicant’s claims. I n developing the rec ord, the t ri al court may use any means set out in Article 11.07, § 3(d)

. I f t he trial court elects t o hold a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appo i n t counsel to repr esent him at the hear ing. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is appointed or reta ined, the trial court shall immediately no t i fy t h i s C o urt of counsel’s na

me. The trial court shall make finding s of fac t and conclusions of law as to whether Applicant’s plea wa s involuntary

. The trial court may make any other findings and conclusions t hat i t deems appropr iate in re sponse to Applicant’s c laims. The trial court shall make findings o f fa ct and conclusions of law withi n ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objec tions, proposed finding s and conclusions, order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.

Filed: J une 9, 2021 Do not publish
Exhibit 35
                                  ----------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWALT, INC.
                       ALTERNATIVE LOAN TRUST 2006-HY11
             MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HY11


      The undersigned does hereby certify that the undersigned is an officer
of Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing
LP (the "Master Servicer"), and does hereby further certify pursuant to
Section 3.16 of the Pooling and Servicing Agreement for the above-captioned
Series (the "Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under my supervision; and

(ii) To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout such calendar year.




/s/ Craig Baingo                                      Dated: March 14, 2007
-----------------

Craig Baingo
Executive Vice President, Finance
EXHIBIT
32.2




THE
PENN TRAFFIC COMPANY




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 The Penn Traffic Company (the “Company”)
on Form 10-Q for the fiscal period ending May 2, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Tod A.
Nestor, Senior Vice President 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 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/ Tod A. NestorTod A. NestorSenior
      Vice President and Chief Financial Officer





June 12.
2009
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.                  

###### Department of the Interior

###### Bureau of Land Management

          - [WY-923-1310-FI; WYW161806]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Notice of Proposed Reinstatement of Terminated Oil and Gas Lease.

# SUMMARY:

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Retamco Operating Inc. for competitive oil and gas lease WYW161806 for land in Carbon County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

# FOR FURTHER INFORMATION CONTACT:

Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at (307) 775-6176.

# SUPPLEMENTARY INFORMATION:

                    The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10.00 per acre, or fraction thereof, per year and 16                    2/3                     percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this                     **Federal Register**                     notice. The lessee has met all the requirements for reinstatement of the lease as set out in sections 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease WYW161806 effective April 1, 2008, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. BLM has not issued a valid lease affecting the lands.                

Pamela J. Lewis,

Chief, Branch of Fluid Minerals Adjudication.

[FR Doc. E8-19962 Filed 8-27-08; 8:45 am]

BILLING CODE 4310-22-P
EXHIBIT 32

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


         In connection with the Quarterly Report of Penn-Pacific  Corp., on Form
10-QSB for the period  ending  June 30,  2003 as filed with the  Securities  and
Exchange  Commission on the date hereof (the "REPORT"),  the  undersigned,  Rose
Fischer,  Chief  Executive  Officer  and  Principal  Accounting  Officer  of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to ss.
906 of the  Sarbanes-Oxley  Act of 2002,  that to the best of my  knowledge  and
belief:

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

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


Date: May 10, 2005


/s/ Rose Fischer
Rose Fischer
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
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.
Exhibit 32.2

CERTIFICATION OF

CHIEF FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report on Form 10-Q of SoOum Corp.(the "Company") for the quarter ending March 31, 2016, I, Ronald Vega, Chief Financial Officer of 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, to the best of my knowledge and belief, that:

1.

Such Quarterly Report on Form 10-Q for the quarter ending March 31, 2016, fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

2.

The information contained in such Quarterly Report on Form 10-Q for the quarter ending March 31,2016, fairly presents, in all material respects, the financial condition and results of operations of the Company.



Dated:   October 5, 2016

SoOum Corp.



By: /s/ Ronald Vega

Ronald Vega
Exhibit 32.1




CERTIFICATION




The
undersigned officer of China Ruitai International Holdings Co., Ltd. (the
“Company”) hereby certifies that, to his knowledge, the Company’s Quarterly
Report on Form 10-Q to which this certification is attached (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), as applicable, 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:
      May 17, 2010
                  By:
                  /s/ Dian Min MaDian
      Min Ma, Chief Executive Officer
FILED U.S. COURT OF AP P EALS E LEVEN T HC IRC UIT May 28, 2008 THOMAS K. KAH

N CLERK [ DO NO T P UB L I S H] I N THE UN I TE D STATE S C OU RT OF APPE ALS F O R T H E E L E V E N T H C IR C U IT

________________________ N o. 07- 11319 N on -A rgum entC al endar

________________________ D. C. Do c k e tNo . 0 6 - 8 0 8 5 7 - CV- KLR C L E AV ON L . AL L E N, P la in tif f - A p p e llan t, v ersu s C HA R L E S KING , J . F O R D , e t a l. D e f e n d a n ts - A p p e lle e s .

________________________ A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f orthe S outhe rn D i s tr i c tof F l or i da

_________________________ ( M ay 28, 2008) B efo re T JO F L A T , A N D E R S O N an dH U L L , C i rcu i tJu d g es. P E R C U R I A M: A ppe l l a nt , aF l or i dapr i s on i nm a t e , br oughtthi s a c t i on f orda m a ge s unde r42 U . S . C . § 1983 a ga i ns tthe appe l l e e pol i c e of f i c e r s f ora l l e ge dl yus i ng e xc e s s i ve2

forc e i n arr es t i ng hi m on A ug ust26 , 19 97 . T he di stri ctcourt , ac t i ng sua s po nt e, d is m is s e dh is c o m p la in t u n d e r2 8 U .S .C . § 1 9 1 5 ( e ) ( 2 ) ( B ) ( ii) o n th e g r o u n dth a t h is c l a i m i s ba rr e d byF l or i da ’ s f our - y e a rs t atut e of

l i m i t a t i ons . H e now appe a l s the c ourt ’ s rul i ng. T here i s no speci fi c s t atut e of l i m i t at i on s per i od for a ct i on s broug htun der § 1983. O w e ns v. O kur e , 488 U . S . 235, 239, 109 S . C t . 573, 576, 102 L . E d. 2d 594 (198 9). Inst ea d, the st atut e of l i m i t at i on s per i od for § 19 83 cl ai m s i s det erm i ned b yth e s ta te ’s s ta tu te o f

lim ita tio n s f

o rp e r s o n a l in

ju ryc la im s . I d . a t 2 4 0 - 4 1 . “F lo r id a 's f

o u r - y e a rs ta tu te o f

lim ita tio n s [ p e r io d ] ap p lie s to ” § 1 9 8 3 c la im s . C happ el l v. R i ch, 34 0 F . 3d 12 79 , 12 83 (11th C i r. 20 03 ). A pp el l ant ’ s § 19 83 cl ai m ar ose on A ug ust26 , 19 97 . H e del i vere d h i s l aw s u it to p r is o n o f

f ic ia ls f o rf ilin g o n S e p te m b e r6 , 2 0 0 6 , n in e y e a r s la te r . H is c la im i s t i m e - ba rr e d. AFFI RM ED

.
#### Alfred Richards, Respondent, v. Virginia Kidonner and Others, Appellants.

Motion denied.
| **Segment Information - Narrative (Details)** | 6 Months Ended |
|-----------------------------------------------|----------------|
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| **Segment Reporting [Abstract]**              |           |
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| Number of Reportable Segments | segment       | 5              |

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| - Definition
Number of segments reported by the entity. A reportable segment is a component of an entity for which there is an accounting requirement to report separate financial information on that component in the entity's financial statements.
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<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
         THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
BALANCE SHEET OF  PENN-PACIFIC  CORPORATION  AS OF JUNE 30, 2000 AND THE RELATED
STATEMENTS  OF  OPERATIONS  AND CASH FLOWS FOR THE NINE MONTHS THEN ENDED AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.

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<S>                             <C>
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</TABLE>
#### Patricia Watkins FROMAL, Appellant, v. Harry Lee CARRICO, Chief Justice of the Supreme Court of Virginia, et al., Appellees.

No. 02-7014.

United States Court of Appeals, District of Columbia Circuit.

Nov. 8, 2002.

*2Before EDWARDS, SENTELLE, and HENDERSON, Circuit Judges.

*JUDGMENT*

PER CURIAM.

This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. It is

ORDERED AND ADJUDGED that the district court’s order filed July 30, 2001, be affirmed. Because none of the events giving rise to appellant’s claims occurred in nor any of the parties reside in the District of Columbia, venue is not appropriate in the District of Columbia. See *Laffey v. Northwest Airlines, Inc.,*321 F.Supp. 1041 (D.D.C.1971). Morever, because appellant’s filing in the District of Columbia was not “an erroneous guess” as to where venue ought to be, the district court did not abuse its discretion by dismissing rather than transferring Fromal’s case. *See Goldlawr, Inc. v. Heiman,*369 U.S. 463, 466, 82 S.Ct. 913, 8 L.Ed.2d 39 (1962) (28 U.S.C. § 1406 was enacted to avoid “the injustice which had often resulted to plaintiffs from dismissal of their actions merely because they had made an erroneous guess with regard to the existence of some elusive fact of the kind upon which venue provisions often turn.”).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. *See*Fed. R.App. P. 41(b); D.C.Cir. Rule 41.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-2775

LILLABELLE ESTELLE BUTLER,

Plaintiff - Appellant,

versus

ANDRE R. ROBINSON; JOHN CARROLL BYRNES, In the

Circuit Court for Baltimore City; DELPHIA T.

SIMPSON; CHASE & CHASE; GREGORY COUNTESS,

Legal Aid; STATE OF MARYLAND DEPARTMENT OF SOCIAL SERVICES; OFFICE OF SUPPORT ENFORCEMENT,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. John R. Hargrove, Senior District Judge.

(CA-95-2586-HAR)

Submitted: January 18, 1996 Decided: January 31, 1996

Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Lillabelle Estelle Butler, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying

relief on her 42 U.S.C. § 1983 (1988) complaint. We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Butler v. Robinson, No. CA-95-2586-HAR (D. Md. Sept. 8,

1995). We grant Appellant's motion to expedite this appeal and

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
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

JEREMY JAMES CHERRY,

Defendant

- Appellant. No. 19

- 30127

D.C. No. 2:18

- cr

- 00146

- JCC

- 1

MEMORANDUM *

Appeal from the United States District Court for the Western District of Washington John C. Coughenour, District Judge, Presiding

Submitted October 26, 2020 * *

Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.

Jeremy James Cherry appeals from the district court’s judgment and

challenges the 120

- month sentence imposed following his guilty

- plea conviction

for possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4). We

h ave jurisdiction under 28 U.S.C. § 1291, and we affirm

.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

OCT 30 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 19

- 30127

Cherry contends that , because his prior Washington state conviction for first

degree rape of a child did not require proof of intent, it does not constitute a state

conviction “relating to aggravated sexual abuse, sexual abuse, or abusive sexual

conduct involving a minor or ward

, ” and the district court should not have applied

the 10

- year mandatory minimum under 18 U.S.C. § 2252(b)(2). As Cherry

concedes, this claim is foreclosed by United States v. Sullivan , 797 F.3d 623, 6 40

(9th Cir. 2015) ( prior state offenses were offenses “relating to” sexual abuse of a

minor under § 2252(b)(2) even though they lacked the mens rea requirement of the

generic federal offense) . Because Cherry has not shown that Sullivan is “clearly

irreconcilable” with intervening higher authorit y, Miller v. Gammie , 335 F.3d 889,

900 (9th Cir. 2003) (en banc), we are bound to follow Sullivan

. Se e United States

v. Arriaga

- Pinon , 852 F.3d 1195, 1199 (9th Cir. 2017)

.

In light of this disposition, we need not reach the government’s arguments

that Cherry’s prior conviction is a categorical match for the generic federal offense

of abusive sexual condu ct even without reliance on the “relating to” provision of

§ 2252(b)(2), or that any error in the district court’s application of the mandatory

minimum was harmless.

AFFIRMED.