alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
MICHAEL A. TRIMUAR

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 15

- 5825

_____ ________________________/

Opinion filed April 6, 2016.

An appeal from an order of the Circuit Court for Escambia County

. Michael Jones , Judge

.

Michael A. Trimuar, pro se , Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

RAY, BILBREY, and JAY, JJ., CONCUR.
#### BAYOU RAPIDES LUMBER CO. v. DAVIES.

No. 7673.

Court of Appeal of Louisiana. Second Circuit.

May 30, 1951.

K. Hundley, Alexandria, for appellant.

H. W. Hill, Alexandria, for appellee.

KENNON, Judge.

This is a suit on a note in which plaintiff seeks to recover from defendant the sum of $1850, with interest and ten per cent, additional as attorney’s fees.

Under Article 7, § 10 of the Constitution of 1921, appellate jurisdiction in actions of this sort is vested in the Supreme Court of Louisiana where the *168amount involved, exclusive of interest and costs,- is more than $2000. Amounts claimed as attorney’s fees are included in fixing the jurisdictional amount. Madison v. Prudential Insurance Co. of America, 190 La. 103, 181 So. 871. Consequenfly, the amount of this case for jursidictional purposes is $2035.00 and beyond the appellate jurisdiction assigned to this Court under the above mentioned article of the Constitution.

It is therefore ordered that this appeal be transferred to the Honorable the Supreme Court of the State of Louisiana. Plaintiff-appellant is hereby granted a period of sixty days from and after, the date upon which this decree becomes final within which to effect the transfer and to perfect its appeal' in said Court, failing which action within' the time fixed; this appeal is to stand dismissed.

Costs of this appeal are assessed against plaintiff-appellant. All other costs are to await the final outcome of this suit.
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
STATEMENTS OF INCOME, CONSOLIDATED BALANCE SHEETS, AND CONSOLIDATED STATEMENTS
OF CASH FLOWS, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               MAR-31-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    1,378,489
<OTHER-PROPERTY-AND-INVEST>                     14,091
<TOTAL-CURRENT-ASSETS>                         466,190
<TOTAL-DEFERRED-CHARGES>                        20,030
<OTHER-ASSETS>                                  71,680
<TOTAL-ASSETS>                               1,950,480
<COMMON>                                       278,335
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                            471,521
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<PREFERRED>                                          0
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<SHORT-TERM-NOTES>                                 700
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<LONG-TERM-DEBT-CURRENT-PORT>                        0
<PREFERRED-STOCK-CURRENT>                            0
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<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 672,885
<TOT-CAPITALIZATION-AND-LIAB>                1,950,480
<GROSS-OPERATING-REVENUE>                      955,133
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<TOTAL-OPERATING-EXPENSES>                     836,901
<OPERATING-INCOME-LOSS>                        118,232
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<CASH-FLOW-OPERATIONS>                          93,959
<EPS-PRIMARY>                                     2.88
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</TABLE>
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.                  

###### Environmental Protection Agency

          - [FRL-8709-9] 

# AGENCY:

Environmental Protection Agency. 

# ACTION:

Notice, request for public comments. 

# SUMMARY:

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), as amended, 42 U.S.C. 9622(i), notice is hereby given of a proposed Administrative Agreement for Recovery of Past Response Costs (“Agreement,” Region 9 Docket No. 9-2008-16) pursuant to Section 122(h) of CERCLA concerning the Bodie State Historic Park Site (the “Site”), located in Bodie, Mono County, California. The settling party is the California Department of Parks and Recreation (“DPR”). Through the proposed Agreement, DPR will fully reimburse the United States up to $1,400,000 for response costs incurred at the Site. The Agreement provides DPR with a covenant not to sue for these response costs, and contribution protection. For thirty (30) days following the date of publication of this Notice, the Agency will receive written comments relating to the proposed Agreement. The Agency's response to any comments received will be available for public inspection at EPA's Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105. 

# DATES:

Comments must be submitted on or before October 2, 2008. 

# ADDRESSES:

The proposed Agreement may be obtained from Andrew Helmlinger, in the Office of Regional Counsel, telephone (415) 972-3904. Comments regarding the proposed Agreement should be addressed to Sara Goldsmith at the U.S. Environmental Protection Agency (ORC-3), 75 Hawthorne Street, San Francisco, California 94105, and should reference the Bodie State Historic Park Site, and Region IX Docket No. 9-2008-0016. 

# FOR FURTHER INFORMATION CONTACT:

Andrew Helmlinger, Office of Regional Counsel, (415) 972-3904, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105. 

Dated: August 20, 2008. 

Nancy Lindsay, 

Acting Director, Superfund Division.

[FR Doc. E8-20234 Filed 8-29-08; 8:45 am] 

BILLING CODE 6560-50-P
**Exhibit 32.2**

 

**Certification of Chief Financial Officer**

**Certification Pursuant to Section 906**

**of the Sarbanes-Oxley Act of 2002**

**(18 U.S.C. Section 1350)**

 

In connection with theAnnual Report of Primoris Services Corporation (the “Company”) on Form 10-Kfor the period ended December 31, 2009, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Peter J. Moerbeek,Executive Vice President, Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

 

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

 

2.                                       The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

In witness whereof, theundersigned has executed and delivered this certificate as of the date setforth opposite his signature below.

 
| Date: March 10, 2010 | /s/ PETER J. MOERBEEK                               |
|---------------------------|-----------------------------------------------------|
|                      | Peter J. Moerbeek                                   |
|                      | *Executive Vice President, Chief Financial Officer* |

 

The foregoing certificationis being furnished solely to accompany the Report pursuant to 18. U.S.C. Section 1350,and is not being filed for purposes of Section 18 of the SecuritiesExchange Act of 1934, as amended, and is not to be incorporated by referenceinto any filing of the Company, whether made before or after the date hereof,regardless of any general incorporation language in such filing. A signedoriginal of this written statement required by Section 906 has beenprovided to the Company and will be retained by the Company and furnished tothe Securities Exchange Commission or its staff upon request.

 

----
Exhibit 32.1

906 CertificationCEO

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 Intcomex, Inc. (the Company) on Form 10-K for the period ended December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Anthony S. Shalom, Chief Executive 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, 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: March 30, 2007



/s/ Anthony S. ShalomAnthony S. ShalomChief Executive Officer (Chairman of the Board of
Directors)


The certification set forth above is being furnished as an exhibit solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 and is not being filed as part of the Annual Report of Intcomex, Inc. on Form 10-K for the period ended December 31, 2006, or as a separate disclosure documents of we or the certifying officers.
CROSS REFERENCE TABLE FOR INDENTURE



 EXHIBIT 4.3 
  

CROSS-REFERENCE TABLE 
  

					
	Trust
Indenture Act
Section

	 	 	  	Indenture Section


	310 (a)(1)	 	 	  	6.09
	       (a)(2)	 	 	  	6.09
	       (a)(3)	 	 	  	Not Applicable
	       (a)(4)	 	 	  	Not Applicable
	       (a)(5)	 	 	  	6.09; 6.10(d)(2)
	       (b)	 	 	  	6.05; 6.08; 6.09; 6.10
	       (c)	 	 	  	Not Applicable
	311 (a)	 	 	  	6.05; 6.13
	       (b)	 	 	  	6.05; 6.13
	       (c)	 	 	  	Not Applicable
	312 (a)	 	 	  	7.01; 702(a)
	       (b)	 	 	  	7.02(b)
	       (c)	 	 	  	7.02(c)
	313 (a)	 	 	  	7.03
	       (b)	 	 	  	7.03
	       (c)	 	 	  	1.05; 7.03
	       (d)	 	 	  	7.03
	314 (a)	 	 	  	1.05; 7.04
	       (b)	 	 	  	Not Applicable
	       (c)(1)	 	 	  	1.02
	       (c)(2)	 	 	  	1.02
	       (c)(3)	 	 	  	Not Applicable
	       (d)	 	 	  	Not Applicable
	       (e)	 	 	  	1.02
	       (f)	 	 	  	Not Applicable
	315 (a)	 	 	  	6.01; 6.03(c); 6.03(h)
	       (b)	 	 	  	6.02; 6.03
	       (c)	 	 	  	6.01; 6.03
	       (d)	 	 	  	6.03
	       (e)	 	 	  	5.14
	316 (a)	 	 	  	1.01
	       (a)(1)(A)	 	 	  	5.02; 5.12
	       (a)(1)(B)	 	 	  	5.13
	       (a)(2)	 	 	  	Not Applicable
	       (b)	 	 	  	5.08
	       (c)	 	 	  	5.13; 9.07
	317 (a)(1)	 	 	  	5.03
	       (a)(2)	 	 	  	5.04
	       (b)	 	 	  	3.15
	318 (a)	 	 	  	1.07; 9.05
	       (c)	 	 	  	1.07; 9.05



	Note: 	This Cross-Reference Table shall not, for any purpose, be deemed to be a part of the Indenture.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           5,979
<SECURITIES>                                         0
<RECEIVABLES>                                   42,262
<ALLOWANCES>                                     3,235
<INVENTORY>                                    107,886
<CURRENT-ASSETS>                               178,747
<PP&E>                                         160,339
<DEPRECIATION>                                  66,113
<TOTAL-ASSETS>                                 339,944
<CURRENT-LIABILITIES>                           65,619
<BONDS>                                        113,151
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,421
<OTHER-SE>                                     139,428
<TOTAL-LIABILITY-AND-EQUITY>                   339,944
<SALES>                                        162,812
<TOTAL-REVENUES>                               162,812
<CGS>                                          135,998
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   587
<INTEREST-EXPENSE>                               1,668
<INCOME-PRETAX>                                (1,913)
<INCOME-TAX>                                     (861)
<INCOME-CONTINUING>                            (1,052)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,052)
<EPS-PRIMARY>                                    (.08)
<EPS-DILUTED>                                    (.08)
        

</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Joseph Conway WRIGHT, Defendant-Appellant.

No. 03-4308.

United States Court of Appeals, Fourth Circuit.

Submitted July 18, 2003.

Decided Aug. 12, 2003.

William F. Nettles, IV, Assistant Federal Public Defender, Florence, South Carolina, for Appellant. Sean Kittrell, Office of the United States Attorney, Charleston, South Carolina, for Appellee.

Before LUTTIG, TRAXLER, and KING, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

PER CURIAM.

Joseph Conway Wright pleaded guilty to one count of possession of a firearm by a convicted felon, 18 U.S.C. § 922(g)(1) (2000). He was sentenced to 112 months in prison. Wright appeals. His attorney has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), raising two claims but stating that there are no meritorious issues for appeal. Wright has filed a pro se supplemental brief. We affirm.

Wright, a convicted felon, entered a store carrying a gun. Wright admits that he “showed” the gun to a store employee who confronted him. In South Carolina, pointing or presenting a firearm at another person is a felony punishable by five years in prison. S.C.Code Ann. § 16-23-410 (2003).

Our review of the record discloses full compliance with Fed.R.Crim.P. 11. Further, the four-level enhancement under *U.S. Sentencing Guidelines Manual*§ 2K2.1(b)(5) (2002) was proper, in light of Wright’s violation of § 16-23-410. Finally, because ineffective assistance of counsel is not apparent on the face of the record, Wright should raise this claim, if at all, in a motion brought pursuant to 28 U.S.C. § 2255 (2000), rather than on direct appeal. *See United States v. Richardson,*195 F.3d 192, 198 (4th Cir.1999).

We therefore affirm. As required by *Anders,*we have reviewed the entire record and have found no meritorious issues for appeal. This court requires that counsel inform his client, in writing, of his right to petition the Supreme Court of the United States for further review. If Wright requests that a petition be filed, but counsel believes that such a petition would be frivolous, counsel may move in this court to withdraw from representation. Counsel’s motion must state that counsel served a copy of the motion on Wright. 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.*
#### UNITED STATES of America, Appellee, v. Jose SANCHEZ-GONZALES, also known as Jesus Sandoval-Chiquete, also known as Jesus C. Sandoval, also known as Francisco Cardena Rivera, Appellant.

No. 03-1394.

United States Court of Appeals, Eighth Circuit.

Submitted Aug. 1, 2003.

Decided Aug. 15, 2003.

Before RILEY, HANSEN, and SMITH, Circuit Judges.

PER CURIAM.

Jose Sanchez-Gonzales, a/k/a Jesus Sandoval, pled guilty to illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a), and possessing with intent to distribute 100 kilograms or more of a mixture or substance containing marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(l)(B)(vii). The district court1 sentenced him to concurrent prison terms of 24 months on the illegal-reentry count and 120 months on the drug count, to be followed by concurrent supervised-release terms totaling 8 years. On appeal, counsel has moved to withdraw and has filed a brief under *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

We find no plain error in the court’s acceptance of the guilty plea. *See United States v. Vonn,*535 U.S. 55, 58-59, 122 S.Ct. 1043, 152 L.Ed.2d 90 (2002). Further, we have reviewed the record independently under *Penson v. Ohio,*488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

1

. The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.
Exhibit
32.2




CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002


In
connection with the Quarterly Report of Penn Virginia Corporation (the
“Company”) on Form 10-Q for the quarter ended March 31, 2010, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Frank
A. Pici, Executive Vice President and 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, to the best of my knowledge,
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
7, 2010




/s/
      Frank A. PiciFrank
      A. PiciExecutive
      Vice President and Chief Financial
Officer




This
written statement is being furnished to the Securities and Exchange Commission
as an exhibit to the Report.  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.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                         0000078716
<NAME>                        PIONEER HI-BRED
<MULTIPLIER>                                   1,000,000
<CURRENCY>                                           USD

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              AUG-31-1999
<PERIOD-START>                                 SEP-01-1998
<PERIOD-END>                                   MAY-31-1999
<EXCHANGE-RATE>                                1.0
<CASH>                                         68
<SECURITIES>                                   20
<RECEIVABLES>                                  1045
<ALLOWANCES>                                   54
<INVENTORY>                                    453
<CURRENT-ASSETS>                               1,593
<PP&E>                                         1,193
<DEPRECIATION>                                 558
<TOTAL-ASSETS>                                 2,363
<CURRENT-LIABILITIES>                          596
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       280
<OTHER-SE>                                     1,152
<TOTAL-LIABILITY-AND-EQUITY>                   2,363
<SALES>                                        1,700
<TOTAL-REVENUES>                               1,700
<CGS>                                          849
<TOTAL-COSTS>                                  849
<OTHER-EXPENSES>                               458
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             18
<INCOME-PRETAX>                                387
<INCOME-TAX>                                   98
<INCOME-CONTINUING>                            289
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   289
<EPS-BASIC>                                  1.20
<EPS-DILUTED>                                  1.20



</TABLE>