alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CERTIFICATIONS

I, Roger Woodward, certify that:

     1. I have reviewed this Quarterly Report on Form 10-Q of 24Holdings 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 issuer as of,
and for, the periods presented in this report;

     4. The issuer's other certifying officer(s) 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 issuer 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 issuer, 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) Evaluated the effectiveness of the issuer'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; and

          (c) Disclosed in this report any change in the issuer's internal
control over financial reporting that occurred during the period covered by the
Quarterly Report that has materially affected, or is reasonably likely to
materially affect, the issuer's internal control over financial reporting; and

     5. The issuer's other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
issuer's auditors and the audit committee of the issuer'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 issuer's ability to record, process, summarize
and report financial information; and

          (b) Any fraud, whether or not material, that involves management or
other employees who have a significant role in the issuer's internal control
over financial reporting.

Date:  August 22, 2005


By: /s/ Roger Woodward
    -----------------------------------
    Name:   Roger Woodward
    Title:  Chief Financial Officer
United States Court of Appeals

for the Fifth Circuit

No. 21-50509

consolidated with

No. 21-50545

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Enrique Cadena-Rodriguez,

Defendant—Appellant.

Appeals from the United States District Court

for the Western District of Texas

USDC No. 4:20-CR-584-1

USDC No. 4:21-CR-58-1

Before Higginbotham, Higginson, and Duncan, Circuit Judges.

Per Curiam:*

Enrique Cadena-Rodriguez appeals his conviction and sentence under 

8 U.S.C. § 1326(a) and (b)(2) for illegally reentering the United States after 

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

December 16, 2021

Lyle W. Cayce

Clerk

Case: 21-50509 Document: 00516134796 Page: 1 Date Filed: 12/16/2021
No. 21-50509

c/w No. 21-50545

2

a deportation. He also appeals the revocation of the supervised release terms

imposed for convictions in a separate proceeding. Because his appellate brief 

does not address the validity of the revocation or the revocation sentence, he 

abandons any challenge to that judgment. See Yohey v. Collins, 985 F.2d 222, 

224-25 (5th Cir. 1993).

For the first time on appeal, Cadena-Rodriguez contends that it 

violates the Constitution to treat a prior conviction that increases the 

statutory maximum under § 1326(b)(2) as a sentencing factor, rather than an 

element of the offense. He correctly concedes that the argument is 

foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he 

wishes to preserve it for further review. The Government has moved without 

opposition for summary affirmance or, alternatively, for an extension of time 

to file its brief.

As the Government asserts and as Cadena-Rodriguez concedes, the 

sole issue raised on appeal is foreclosed by Almendarez-Torres. See United 

States v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. PinedaArrellano, 492 F.3d 624, 625-26 (5th Cir. 2007). Because the Government’s 

position “is clearly right as a matter of law so that there can be no substantial 

question as to the outcome of the case,” Groendyke Transp., Inc. v. Davis, 

406 F.2d 1158, 1162 (5th Cir. 1969), summary affirmance is proper.

Accordingly, the motion for summary affirmance is GRANTED, and 

the judgments of the district court are AFFIRMED. The Government’s 

alternative motion for an extension of time to file its brief is DENIED as 

unnecessary.

Case: 21-50509 Document: 00516134796 Page: 2 Date Filed: 12/16/2021
**Exhibit
31.1**
 
 **CERTIFICATIONS**
 
 
 I,
Richard E. Gathright, certify that:
 
 1.
    I
      have reviewed this quarterly report on Form 10-Q of Streicher Mobile
      Fueling, 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(s) 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:
 
 (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)
    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 the period covered
      by this report based on such evaluation;
and
 
 (c)
    Disclosed
      in this report any change in the registrant’s internal controls over
      financial reporting that occurred during the registrant’s second fiscal
      quarter that has materially affected, or is reasonably likely to
      materially affect, the registrant’s internal control over financial
      reporting.
 
 5.
    The
      registrant's other certifying officer(s) 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):
 
 (a)
    All
      significant deficiencies and material weakness 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; and
 
 (b)
    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.
 
 
 Date:
February 14, 2005
 
 /s/
Richard E. Gathright
 Richard
E. Gathright
 President
and Chief Executive Officer
 
  
 24
#### The People of the State of New York, Respondent, *v.*Robert E. Truax, Appellant.

County Court, Niagara County,

February 21, 1957.

*650
      *William H. Earl*for respondent.

*James Degnan*for appellant.

Frank J. Kronenberg, J.

Defendant was convicted in Justice’s Court of speeding in violation of subdivision 1 of section 56 of the Vehicle and Traffic Law.

He appealed, alleging that the evidence was insufficient to show that he was the driver of the automobile and to show that there was undue speed.

As to the first ground of appeal, a supplemental return has been filed which this court, in the interests of justice, accepts under section 758 of the Code of Criminal Procedure. The return as supplemented shows that defendant admitted that he was driving the automobile.

As to the second ground of appeal, the evidence shows that the automobile appeared to have veered off the left side of the highway, breaking off six concrete posts and rolled over twice during its progress in traveling 344 feet and eventually came to rest against a tree. This circumstantial evidence was sufficient to warrant a finding by the trier of facts that the automobile was proceeding at an unsafe speed. That physical evidence distinguished this case from such ones as. *People*v. *Burkhalder*(203 Misc. 532) and *People*v. *Furber*(5 Misc 2d 614). The *Furber*case contains an illuminating discussion by Judge Tabor as to when direct evidence of the rate of speed is necessary.

The judgment is affirmed.
<PAGE>

                                                                    EXHIBIT 23.1


                         INDEPENDENT AUDITORS' CONSENT



We consent to the incorporation by reference into Colorado MEDtech, Inc.'s
Registration Statements File Nos. 333-17207 (Form S-8), 333-93689 (Form S-3),
333-70755 (Form S-8), 333-64705 (Form S-3) and 333-50168 (Form S-8) of our
report dated August 14, 2002, with respect to the consolidated balance sheet of
Colorado MEDtech, Inc. as of June 30, 2002, and the related consolidated
statements of operations, shareholders' equity and comprehensive income (loss),
and cash flows for the year then ended, which report appears in the June 30,
2002, annual report on Form 10-K/A of Colorado MEDtech, Inc. The consolidated
balance sheet as of June 30, 2001 and the consolidated statements of operations,
shareholders' equity and comprehensive income (loss) and cash flows for the
years ended June 30, 2001 and 2000 were audited by other auditors who have
ceased operations. Our report contains an explanatory paragraph discussing our
audit of: (i) certain adjustments made to restate the June 30, 2001 balance
sheet and statement of shareholders' equity and comprehensive income (loss) for
the year then ended to reclassify notes receivable from related parties, (ii)
certain transitional disclosures required by SFAS 142 "Goodwill and Other
Intangible Assets" and reflected in the June 30, 2001 and 2000 financial
statements, and (iii) certain adjustments that were applied to restate the
disclosures for reportable segments reflected in the June 30, 2001 and 2000
financial statements.



KPMG LLP


Denver, Colorado,

     May 21, 2003.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable R. Brooke Jackson

Civil Action No. 11-CV-02551-RBJ-KLM

CARLA ELLIS,

Plaintiff,

v.

ENHANCED RECOVERY COMPANY, LLC, a Delaware limited liability company,

Defendant.

ORDER TO SET SCHEDULING CONFERENCE

This matter comes before the Court sua sponte. The parties are ordered to set an initial 

scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and 

D.C.COLO.LCivR 16.1 no later than 45 days after all responsive pleadings are filed. Each 

party’s lead trial counsel shall attend the conference. The conference shall be held in Courtroom 

A-702, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. The parties are 

directed to jointly contact Mary DeRosa by telephone at (303) 844-4694 or by email at 

Jackson_Chambers@cod.uscourts.gov to obtain a scheduling conference date. 

A meeting for the purposes of attempting to agree on a scheduling order and satisfying 

the requirements of Fed. R. Civ. P. 26(f) should be held no later than 21 days before the 

proposed scheduling order is tendered. The proposed scheduling order, which should be 

prepared as described in Appendix F to the local rules, should be tendered no later than five days 

before the scheduling conference. The proposed scheduling order should set forth the parties’

agreement or their respective positions on the matters set forth in Appendix F. A copy of 

instructions for the preparation of a scheduling order and a form scheduling order can be 

downloaded from the Court’s website (http://www.cod.uscourts.gov/Forms.aspx).

DATED this 12th day of October, 2011.

BY THE COURT: 

___________________________________

R. Brooke Jackson

United States District Judge

Case 1:11-cv-02551-RBJ Document 3 Filed 10/12/11 USDC Colorado Page 1 of 1
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTINGFIRM**

 

We consent to theincorporation by reference in the Registration Statement on Form S-8 ofMainSource Financial Group, Inc. (No. 33-45395) of our reports, datedFebruary 10, 2006, on the consolidated financial statements of MainSourceFinancial Group, Inc. as of December 31, 2005 and 2004 and for eachof the three years in the period ended December 31, 2005 and with respect to MainSource Financial Group, Inc.management’s assessment of the effectiveness of internal control over financialreporting and the effectiveness of internal control over financial reporting asof December 31, 2005, which reports appear in the Annual Report on Form 10-Kof MainSource Financial Group, Inc.

 

 

Crowe Chizek and Company LLC

 

March 9, 2006

Indianapolis, Indiana

 

----
<PAGE>

EXHIBIT 32.1

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

In connection with the Quarterly Report of DCB Financial Corp (the "Company") on
Form 10-Q for the period ending March 31, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Jeffrey Benton,
President and Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as enacted 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/ Jeffrey Benton

Jeffrey Benton
President and Chief Executive Officer
May 6, 2005

                                                                              32
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02550-RPM

SIAMAK AMIRINOOR,

Plaintiff,

v.

THE UNITED STATES OF AMERICA,

Defendant.

_____________________________________________________________________

ORDER VACATING ORDERS 

_____________________________________________________________________

This civil action having been reassigned to permit a coordinated approach to the

management with all five civil actions pending before this Court and in anticipation of a

conference to be held in all five actions to enable the development of a coordinated

case management order, it is 

ORDERED that the order of reference to Magistrate Judge Michael Watanabe is

vacated and the Scheduling Order entered February 21, 2012, is vacated and it is also

ORDERED that the defendant’s Motion to Reassign Case to AP Docket is

denied.

Dated: April 23rd, 2012.

 BY THE COURT:

s/Richard P. Matsch

_________________________________

Richard P. Matsch, Senior District Judge

Case 1:11-cv-02550-RPM Document 28 Filed 04/23/12 USDC Colorado Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02603-REB-KMT

DAVID C. ROSS,

Plaintiff,

v.

COLORADO DEPARTMENT OF TRANSPORTATION,

Defendant.

FINAL JUDGMENT

Pursuant to Fed. R. Civ. P. 58(a) and the orders entered in this case, Final 

Judgment is entered.

A. Pursuant to the Order [#55] entered by Judge Robert E. Blackburn on

November 14, 2012, which order is incorporated by reference,

IT IS ORDERED as follows:

1. That Defendant’s Memorandum Brief in Support of Combined Motion To

Dismiss and Motion for Summary Judgment [#19], filed June 29, 2012, is GRANTED

IN PART;

2. That the motion for summary judgment is GRANTED; and

3. That plaintiff’s claims arising under Title VII for hostile work environment, failure

to accommodate, discrimination, and retaliation (the First, Second, and Seventh Claims

for Relief) are DISMISSED WITH PREJUDICE.

B. Pursuant to the Order Granting Defendant’s Motion To Dismiss [#66] entered

by Judge Robert E. Blackburn on March 14, 2013, which order is incorporated by

Case 1:11-cv-02603-REB-KMT Document 67 Filed 03/18/13 USDC Colorado Page 1 of 2
reference,

IT IS ORDERED as follows:

1. That Defendant's Memorandum Brief in Support of Combined Motion To

Dismiss and Motion for Summary Judgment [#19], filed June 29, 2012, is GRANTED

IN PART;

2. That the motion to dismiss is GRANTED;

3. That plaintiff’s claims arising under the First Amendment (Third, Fourth, and

Fifth Claims for Relief) and under state law (Sixth Claim for Relief) are DISMISSED WITH

PREJUDICE;

4. That JUDGMENT IS ENTERED on behalf of defendant, the Colorado

Department of Transportation, against plaintiff, David C. Ross, on plaintiff’s claims

arising under the First Amendment (Third, Fourth, and Fifth Claims for Relief) and under

state law (Sixth Claim for Relief);

5. That JUDGMENT IS ALSO ENTERED on behalf of defendant, the Colorado

Department of Transportation, against plaintiff, David C. Ross, as to plaintiff’s claims

arising under Title VII for hostile work environment, failure to accommodate,

discrimination, and retaliation (the First, Second, and Seventh Claims for Relief); and

6. That defendant is AWARDED its costs to be taxed by the clerk of the court

pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.

DATED at Denver, Colorado, this 18th day of March, 2013.

FOR THE COURT:

JEFFREY P. COLWELL, CLERK

By: s/Edward P. Butler 

Edward P. Butler

Deputy Clerk

Case 1:11-cv-02603-REB-KMT Document 67 Filed 03/18/13 USDC Colorado Page 2 of 2
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from Winthrop
Interim Partners I, A Limited Partnership and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<MULTIPLIER>      1

<S>                                          <C>
<PERIOD-TYPE>                                       YEAR
<FISCAL-YEAR-END>                            DEC-31-1997
<PERIOD-START>                               JAN-01-1997
<PERIOD-END>                                 DEC-31-1997
<CASH>                                                13
<SECURITIES>                                           0
<RECEIVABLES>                                          0
<ALLOWANCES>                                           0
<INVENTORY>                                            0
<CURRENT-ASSETS>                                       0
<PP&E>                                                 0
<DEPRECIATION>                                         0
<TOTAL-ASSETS>                                        13
<CURRENT-LIABILITIES>                            233,175
<BONDS>                                                0
<COMMON>                                               0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<OTHER-SE>                                      (233,162)
<TOTAL-LIABILITY-AND-EQUITY>                          13
<SALES>                                                0
<TOTAL-REVENUES>                                       0
<CGS>                                                  0
<TOTAL-COSTS>                                     34,830
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     0
<INCOME-PRETAX>                                  (34,830)
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                              (34,830)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                     (34,830)
<EPS-PRIMARY>                                       (.34)
<EPS-DILUTED>                                       (.34)



</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Action No. 11-cr-00409-WYD-01

UNITED STATES OF AMERICA,

Plaintiff,

vs.

WILLIAM G. BALLANTINE

Defendant.

ORDER TO SURRENDER IN LIEU OF

TRANSPORTATION BY THE UNITED STATES MARSHAL

 IT IS ORDERED that Defendant, WILLIAM G. BALLANTINE, having been

sentenced in the above-named case to the custody of the Bureau of Prisons, is to

surrender himself by reporting to FDC SEATAC, 2425 South 200th Street, Seattle,

Washington, on December 11, 2012, by 12:00 noon, and will travel at his own expense.

 DATED at Denver, Colorado, this 11th day of December 2012.

BY THE COURT:

s/ Wiley Y. Daniel _

WILEY Y. DANIEL

Chief United States District Judge

Case 1:11-cr-00409-WYD Document 69 Filed 12/11/12 USDC Colorado Page 1 of 1