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that this opinion should not be published and is not precedent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. 00-31021

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTHONY BROWN,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 99-CR-135-1

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

May 18, 2001

Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.

PER CURIAM:*

Anthony Brown appeals his sentence following his guilty plea

conviction to count 3 of his indictment, possession with intent

to distribute one quarter ounce of cocaine base. Brown argues

that the district court committed plain error by imposing an

illegal five year term of supervised release for his conviction

on count 3 because the pre-sentence investigation report stated

that subsequent analysis revealed that Brown possessed only 1.8

grams of cocaine base in relation to count 3.
No. 00-31021

-2-

Brown did not object to the sentence in the district court.

Therefore, the claim is reviewed under the plain error standard. 

See United States v. Cartwright, 6 F.3d 294, 300 (5th Cir. 1993). 

The error is clear. However, the error does not seriously affect

the fairness, integrity, or public reputation of judicial

proceedings because a reduction of Brown’s term of supervised

release on count 3 would not affect the overall term of his

supervised release, Brown fails to show any meaningful benefit

that he would receive from a correction of the error, and

correction of the error does not call any of Brown’s convictions

into question. See United States v. Meshack, 225 F.3d 556, 577

(5th Cir. 2000), amended on reh’g, ___ F.3d ___, No. 99-50669,

2001 WL 224656, at *1 (5th Cir. Mar. 7, 2001), cert. denied, 121

S. Ct. 834 (2001). Therefore, there was no plain error. See

United States v. Olano, 507 U.S. 725, 732 (1993); United States

v. Fletcher, 121 F.3d 187, 192 (5th Cir. 1997). The judgment of

the district court is affirmed. 

AFFIRMED.
**Exhibit 32**

 

CERTIFICATION PURSUANT TO

18 U.S.C. § 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF2002

 

Inconnection with the Quarterly Report on Form 10-Q for the quarter ended September 30,2009 (the “Report”) of TF Financial Corporation (the “Company”) as filed withthe Securities and Exchange Commission on the date hereof, we, Kent C. Lufkin,President and Chief Executive Officer, and Dennis R. Stewart, Executive VicePresident and Chief Financial Officer (Principal Accounting Officer), herebycertify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of theSarbanes-Oxley Act of 2002, that:

 

(1) TheReport fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934; and

 

(2) Theinformation contained in the Report fairly presents, in all material respects,the financial position and results of operations of the Company.

 
|   |                    |   | /s/ Kent C. Lufkin                                   |
|--------|-------------------------|--------|------------------------------------------------------|
| Date:  | November 16,  2009 |   | Kent  C. Lufkin                                      |
|   |                    |   | President  and CEO                                   |
|   |                    |   | (Principal Executive Officer)                        |
|   |                    |   |                                                 |
|   |                    |   |                                                 |
|   |                    |   | /s/ Dennis R. Stewart                                |
| Date:  | November 16, 2009  |   | Dennis R. Stewart                                    |
|   |                    |   | Executive Vice President and Chief Financial Officer |
|   |                    |   | (Principal Financial & Accounting Officer)  |

 

----
#### Misty Janette CUMMINGS a/k/a Misty Croslin, Appellant, v. STATE of Florida, Appellee.

No. 5D11-242.

District Court of Appeal of Florida, Fifth District.

Oct. 7, 2011.

James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the judgment and sentence imposed upon the appellant, Misty Janette Cummings, in all respects except one. The sentencing transcript indicates that the trial court imposed a $15 cost for the alcohol-drug trust fund. On the judgment and sentence form, however, the box for the $151 rape crisis trust fund was checked in error, and the box for the alcohol-drug trust fund is mistakenly left unchecked. Thus, we remand for the trial court to correct the scrivener’s error.

AFFIRMED in part, REVERSED in part, and REMANDED.

PALMER, MONACO and EVANDER, JJ., concur.
POWER OF ATTORNEY                    Exhibit (24)


We, the undersigned  directors of HSB Group, Inc., hereby  individually  appoint
Robert C.  Walker and Roberta A.  O'Brien,  and each of them  singly,  with full
power of substitution to each, our true and lawful  attorneys with full power to
them and each of them  singly,  to sign  for us in our  names in the  capacities
stated below the Form 10-K Annual Report, pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934, for the fiscal year ended December 31, 1999 for
HSB Group,  Inc., and any and all amendments to said Form 10-K, and generally to
do all such things in our name and on our behalf in our  capacities as directors
that will  enable the Company to comply with the  provisions  of the  Securities
Exchange Act of 1934, as amended,  and all  requirements  of the  Securities and
Exchange  Commission,  which  relate to said Form 10-K and the  filing  thereof,
hereby ratifying and confirming our signatures as they may be signed by our said
attorneys  or any  one of  them to said  Form  10-K  and any and all  amendments
thereto.

Pursuant to the requirements of the Securities  Exchange Act of 1934, this Power
of Attorney has been signed by the following  persons in the  capacities  and on
the date indicated.

(Signature)                          (Title)                     (Date)



/s/ Richard H. Booth             President, Chief             March 28, 2000
Richard H. Booth               Executive Officer
                                  and Director

/s/ Joel B. Alvord
Joel B. Alvord                      Director                  March 27, 2000


/s/ Colin G. Campbell
Colin G. Campbell                   Director                  March 26, 2000


/s/ Richard G. Dooley
Richard G. Dooley                   Director                  March 27, 2000

<PAGE>


  (Signature)                      (Title)                       (Date)


/s/ William B. Ellis
William B. Ellis                    Director                  March 25, 2000


/s/ E. James Ferland
E. James Ferland                    Director                  March 27, 2000


/s/ Henrietta Holsman Fore
Henrietta Holsman Fore              Director                  March 27, 2000


/s/ Simon W. Leathes
Simon W. Leathes                    Director                  March 28, 2000
[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Page 60138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24380]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-73,458]


Chrysler Financial Services Americas, LLC, a Subsidiary of Finco 
Intermediate Holding Co., LLC, Troy Customer Contact Center, Troy, 
Michigan; Notice of Affirmative Determination Regarding Application for 
Reconsideration

    By application dated September 3, 2010, the petitioner requested 
administrative reconsideration of the negative determination regarding 
workers' eligibility to apply for Trade Adjustment Assistance (TAA) 
applicable to workers and former workers of the subject firm. The 
determination was issued on July 23, 2010. The Department's Notice of 
Determination was published in the Federal Register on August 6, 2010 
(75 FR 47635).
    The initial investigation resulted in a negative determination 
based on the findings that there have not been increased imports of 
services like or directly competitive with the financial services 
supplied by the subject firm, and there has not been a shift in the 
supply of services by the firm to a foreign country. In addition, the 
subject firm is not a supplier or downstream producer to a firm that 
employed a worker group eligible to apply for TAA.
    The request for reconsideration states that ``the workers at 
Chrysler Financial Services, Troy, Michigan were engaged in activities 
that initiated the need to produce automotive vehicles and automotive 
vehicle parts * * * multiple production facilities within the Chrysler 
Group has lost production due to imports which resulted in the decrease 
in sales'' which contributed importantly to the workers' separations.
    The Department has carefully reviewed the request for 
reconsideration and the existing record, and has determined that the 
Department will conduct further investigation to determine if the 
workers meet the eligibility requirements of the Trade Act of 1974, as 
amended.

Conclusion

    After careful review of the application, I conclude that the claim 
is of sufficient weight to justify reconsideration of the U.S. 
Department of Labor's prior decision. The application is, therefore, 
granted.

    Signed at Washington, DC, this 21st day of September 2010.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-24380 Filed 9-28-10; 8:45 am]
BILLING CODE 4510-FN-P
#### STATE of Louisiana v. Ronald SEWELL.

No. 2011-KD-0959.

Supreme Court of Louisiana.

May 18, 2011.

In re State of Louisiana; —Plaintiff; Applying For Supervisory and/or Remedí*968al Writs, Parish of Orleans, Criminal District Court Div. E, No. 504-936; to the Court of Appeal, Fourth Circuit, No. 2011-K-0637.

Denied.
<PAGE>   1

                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

     We consent to the incorporation by reference of our report dated September
26, 2000, except for Note 19, as to which the date is October 26, 2000, with
respect to the consolidated financial statements and schedule included in the
Annual Report on Form 10-K of Blue Rhino Corporation for the year ended July 31,
2000, in the following:

     - Form S-8 (No. 333-80909) pertaining to the Company's Amended and Restated
       Stock Option Plan for Non-Employee Directors;

     - Form S-8 (No. 333-80907) pertaining to the Company's 1994 Stock Incentive
       Plan;

     - Form S-8 (No. 333-80911) pertaining to the Company's 1998 Stock Incentive
       Plan;

     - Form S-8 (No. 333-94039) pertaining to the Company's Employee Stock
       Purchase Plan.

                                                 /s/ ERNST & YOUNG LLP

Winston-Salem, North Carolina
October 27, 2000
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
QUARTERLY PERIOD ENDED JUNE 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FORM 10-Q FILED WITH THE SECURITIES AND EXCHANGE
COMMISSION.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          23,566
<SECURITIES>                                         0
<RECEIVABLES>                                    4,339
<ALLOWANCES>                                      (40)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                28,483
<PP&E>                                           3,131
<DEPRECIATION>                                   (586)
<TOTAL-ASSETS>                                  31,126
<CURRENT-LIABILITIES>                            6,409
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        38,926
<OTHER-SE>                                    (14,843)
<TOTAL-LIABILITY-AND-EQUITY>                    31,126
<SALES>                                          2,074
<TOTAL-REVENUES>                                 3,100
<CGS>                                               72
<TOTAL-COSTS>                                      592
<OTHER-EXPENSES>                                 5,486
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  27
<INCOME-PRETAX>                                (2,674)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,674)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,674)
<EPS-PRIMARY>                                   (0.13)
<EPS-DILUTED>                                   (0.13)
        

</TABLE>
EX-10.2






Exhibit 10.2




Waiver Agreement



In consideration for the benefits I will receive as a result of my employer’s participation in the
United States Department of the Treasury’s TARP Capital Purchase Program, I hereby voluntarily
waive any claim against the United States or my employer for any changes to my compensation or
benefits that are required to comply with the regulation issued by the Department of the Treasury
as published in the Federal Register on October 20, 2008.



I acknowledge that this regulation may require modification of the compensation, bonus, incentive
and other benefit plans, arrangements, policies and agreements (including so-called “golden
parachute” agreements) that I have with my employer or in which I participate as they relate to the
period the United States holds any equity or debt securities of my employer acquired through the
TARP Capital Purchase Program.



This waiver includes all claims I may have under the laws of the United States or any state related
to the requirements imposed by the aforementioned regulation, including without limitation a claim
for any compensation or other payments I would otherwise receive, any challenge to the process by
which this regulation was adopted and any tort or constitutional claim about the effect of these
regulations on my employment relationship.




	 	 	 	 	 
	 

	 	 

[insert name]
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

I, David M. Bronson, Executive Vice President and Chief Financial Officer of PSS World Medical, Inc. (the
Company), hereby certify that the Companys Quarterly Report on Form 10-Q for the three months ended September 26, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that the information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.



|                                                    
|----------------------------------------------------
|/s/ David M. Bronson                                
|David M. Bronson                                    
|Executive Vice President and Chief Financial Officer

November 5, 2008
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>               DEC-31-1998
<PERIOD-START>                  JAN-01-1998
<PERIOD-END>                    SEP-30-1998
<EXCHANGE-RATE>                           1
<CASH>                            1,795,810
<SECURITIES>                              0
<RECEIVABLES>                       459,948
<ALLOWANCES>                              0
<INVENTORY>                         385,565
<CURRENT-ASSETS>                  2,922,044
<PP&E>                              228,186
<DEPRECIATION>                            0
<TOTAL-ASSETS>                    3,958,665
<CURRENT-LIABILITIES>             1,223,509
<BONDS>                                   0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<COMMON>                         13,712,572
<OTHER-SE>                      (10,977,416)
<TOTAL-LIABILITY-AND-EQUITY>      3,958,665
<SALES>                           4,862,713
<TOTAL-REVENUES>                  4,862,713
<CGS>                               929,934
<TOTAL-COSTS>                       929,934
<OTHER-EXPENSES>                  5,008,793
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                  (66,812)
<INCOME-PRETAX>                  (1,009,202)
<INCOME-TAX>                              0
<INCOME-CONTINUING>              (1,009,202)
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                     (1,009,202)
<EPS-PRIMARY>                          (.16)
<EPS-DILUTED>                          (.16)
        


</TABLE>
#### James E. CLARK, Petitioner, v. STATE of Florida, Respondent.

No. 5D11-2307.

District Court of Appeal of Florida, Fifth District.

Sept. 2, 2011.

Robert Wesley, Public Defender, and Harold Wesley, Assistant Public Defender, Orlando, for Appellant.

James E. Clark, Raiford, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the judgment and sentence in case number 2010-CF-012797-A-O, in the Circuit Court in and for Orange County, Florida. *See*Fla. R.App. P. 9.141(c)(5)(D).

PETITION GRANTED.

GRIFFIN, SAWAYA and MONACO, JJ., concur.
#### Charles ARMSTRONG, Appellant, v. State of MISSOURI; Mel Carnahan; City of Vinita Park; Virginia Bira; Vinita Park Police Department; 911 Emergency System of St. Louis County; Robert Hartz; Richard Aites; St. Louis County; St. Louis County Correctional/Justice Department Center and Jail Personnel; the 21st Judicial Circuit of Missouri, Appellees.

No. 00-2647.

United States Court of Appeals, Eighth Circuit.

Submitted Dec. 22, 2000.

Filed Jan. 5, 2001.

Before McMILLIAN, BOWMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

Charles Armstrong appeals the district court’s1 order dismissing his pro se civil rights complaint against multiple defendants. After careful review of the record, we conclude that Mr. Armstrong’s complaint was frivolous and failed to state a claim. *See*28 U.S.C. § 1915(e)(2)(B)®, (ii); Fed.R.Civ.P. 8(a)(2), (e)(1); *Bray v. Alexandria Women’s Health Clinic,*506 U.S. 263, 267-68, 113 S.Ct. 753, 122 L.Ed.2d 34 (1993); *West v. Atkins,*487 U.S. 42, 48, 108 S.Ct. 2250,101 L.Ed.2d 40 (1988). Accordingly, we affirm. *See*8th Cir. R. 47A(a).

1

. The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri.
#### STATE ex rel. John A. THOMAS, Jr. v. STATE of Louisiana.

No. 2010-KH-1553.

Supreme Court of Louisiana.

Sept. 16, 2011.

In re Thomas Jr., John A; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial *1138District Court Div. 3, No. 220,793; to the Court of Appeal, Second Circuit, No. 45650-KH.

Denied.
Exhibit 32.1
 CERTIFICATION
 
 Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, Pehong Chen, Chief Executive
Officer of BroadVision, Inc. (the "Company"), and Shin-Yuan Tzou, Chief
Financial Officer of the Company, each hereby certifies that, to the best of his
knowledge:
  1. The
Company's Quarterly Report on Form 10-Q for the period ended June 30, 2008, and
to which this Certification is attached as Exhibit 32.1 (the "Periodic Report"),
fully complies with the requirements of Section 13(a) or Section 15(d) of the
Exchange Act; and
 
 2. The
information contained in the Periodic Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
  day of
August, 2008.
 /s/  Pehong
      ChenPehong
      Chen
                  Chief
      Executive Officer
  /s/  Shin-Yuan
      TzouShin-Yuan
      Tzou
                  Chief
      Financial Officer


This
certification accompanies the Form 10-Q to which it relates, is not deemed filed
with the Securities and Exchange Commission and is not to be incorporated by
reference into any filing of BroadVision, Inc. under the Securities Act of 1933,
as amended, or the Securities Exchange Act of 1934, as amended (whether made
before or after the date of the Form 10-Q), irrespective of any general
incorporation language contained in such filing.