alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 40156 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.

LUTHER JAMES BUSH, JR. , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:15

- CR

- 901

- 1

Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * Luther James Bush, Jr., appeals his 44

- month prison sentence resulting from his guilty plea conviction for one count of transportation of an
undocumented alien , in violation of 8 U.S.C. § 1324(a)(1)(A)(ii), (a)(1)(A)(v)(II), (a)(1)(B)(ii ). The district court enhanced Bush’s sentence pur suant to U.S.S.G. § 2L1.1(b)(6) after it determined that Bush intentionally or recklessly created a substantial risk of death or serious bodily injury to the 16 aliens he was

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED Octobe r 27, 2016

Lyle W. Cayce Clerk Case: 16-40156 Document: 00513737108 Page: 1 Date Filed: 10/27/2016No. 16

- 40156

2 transport ing

. Bush contends that the facts of his offense do not warrant the

sen tence enhancemen t. We review a district court’ s interpretation of the Guidelines de novo and review its factual findings for clear error. See United States v. Solis

- Garcia , 420 F.3d 511, 514 (5th Cir. 2005) ; United States v. Cuyler , 298 F.3d 387, 389 (5t h Cir. 2002). The record reflects that Bush was transport ing 16 persons in the sleeper compartment of the tractor

- trailer , that the sleeper compartment was not designed to accommodate 16 persons, and that i t did not have any safety restraints

. As the commentary to § 2L1.1 gives “carrying substantially more passengers than the rated capacity of a motor vehicle” and “harboring persons in a crowded, dangerous, or inhumane condition” as example s of reckless conduct that would support a sentence enhancement under that Guideline, we perceive no error in Bush’ s sentence. See § 2L1.1, comment. (n.5).
AFFIRMED

. Case: 16-40156 Document: 00513737108 Page: 2 Date Filed: 10/27/2016
exv10w2






Exhibit 10.2




December 31, 2008




Stephen Hamilton

Vice-President – Finance

Lighting Science Group Corporation

2100 McKinney Avenue, Suite 1555

Dallas, TX 75201




Re: Satisfaction of our outstanding invoices




Dear Mr. Hamilton:



This letter sets forth our understanding of the terms upon which Lighting Science Group Corporation
(“LSG”) has agreed to satisfy payment of our outstanding invoices and unbilled services in the
amount of $410,000.00 (the “Amount Due”) for services rendered to LSG during July–December, 2008.
The Amount Due includes amounts payable pursuant to the invoices itemized in Exhibit A attached
hereto and $51,655.29 representing our estimated unbilled services rendered through December 31,
2008.



You have advised us that LSG has through action of its board of directors authorized creation of a
series C preferred stock (the “Preferred Stock”) having the rights and preferences set forth in
Exhibit B attached hereto, and a warrant to purchase shares of common stock of LSG (the “Warrant”)
in the form set forth in Exhibit C attached hereto. The Preferred Stock and Warrant will be issued
today and we will be the record holder of the Preferred Stock and Warrant effective today. On or
about January 5, 2009 LSG will deliver to our firm a stock certificate representing 32,157 shares
of the Preferred Stock (the “Preferred Shares”) and the Warrant.



LSG confirms that (1) it will not register the Preferred Stock under section 12 of the Securities
Exchange Act of 1934, and (2) it has received independent counsel with respect to the transaction
contemplated by this letter. We confirm that we are acquiring the Preferred Stock and Warrant for
our own account for investment only and not with a view towards, or for resale in connection with,
the public sale or distribution of the Preferred Stock or Warrant (including the shares of Common
stock underlying the Warrant), except pursuant to sales registered or exempted under the Securities
Act of 1933, as amended.



 









 





Stephen Hamilton, Vice-President – Finance

December 31, 2008

Page Two




Please sign in the place set forth below a copy of this letter, and it will then become an
agreement between us on the terms set forth above. Signatures may be on separate counterparts.



Sincerely,




/s/ Gregory Samuel




Gregory Samuel

For Haynes and Boone, LLP



Accepted and agreed to this 31st day of December, 2008




Lighting Science Group Corporation




	 	 	 	 	 
	By: 

Name:

	 	/s/ Stephen Hamilton
 

Stephen Hamilton
	 	 
	Title:

	 	Vice-President – Finance	 	 






 









 





Exhibit A




Invoices




 









 





Exhibit B




 









 





Exhibit C
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 Annual Report of Mindesta, Inc. (the "Company") on Form 10-K

 A-2

 for the period ended December 31, 2014 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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 operation of the Company.



3. 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.





Date:

July 20,

 2015



By: /s/ Pankaj Modi

Pankaj Modi

Chief Executive Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
LEARN2.COM, INC. FORM 10-Q FOR THE PERIOD ENDED JUNE 30, 2000 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>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          12,236
<SECURITIES>                                         0
<RECEIVABLES>                                    3,086
<ALLOWANCES>                                     1,228
<INVENTORY>                                        544
<CURRENT-ASSETS>                                17,000
<PP&E>                                           4,715
<DEPRECIATION>                                   1,917
<TOTAL-ASSETS>                                  76,326
<CURRENT-LIABILITIES>                            7,257
<BONDS>                                          9,103
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           529
<OTHER-SE>                                      59,022
<TOTAL-LIABILITY-AND-EQUITY>                    76,326
<SALES>                                              0
<TOTAL-REVENUES>                                13,530
<CGS>                                            3,694
<TOTAL-COSTS>                                   20,698
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  18
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (10,844)
<EPS-BASIC>                                     (0.21)
<EPS-DILUTED>                                   (0.21)


</TABLE>
**Exhibit 32**

 

CERTIFICATION PURSUANT TO18 U.S.C. § 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report on Form 10-Q for the quarter ended June 30,2005 (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) The Report fully complies with the requirements of Section 13(a) ofthe Securities Exchange Act of 1934; and

 

(2) The information contained in the Report fairly presents, in allmaterial respects, the financial position and results of operations of theCompany.

 

 
|   | /s/  Kent C. Lufkin                                  |   |
|--------|------------------------------------------------------|--------|
| Date:  | August 5,  2005                                 |   | Kent  C. Lufkin |
|   | President  and CEO                                   |
|   | (Principal  Executive Officer)                       |
|   |                                                 |
|   |                                                 |
|   | /s/  Dennis R. Stewart                               |   |
| Date:  | August 5,  2005                                 |   | Dennis  R. Stewart |
|   | Executive  Vice President and                        |
|   | Chief  Financial Officer                             |
|   | (Principal  Financial & Accounting Officer) |
|        |                                                      |        |  |  |  |

 

----
<PAGE>
<TABLE>
<CAPTION>
OWOSSO CORPORATION
EXHIBIT 11
COMPUTATION OF PER SHARE LOSS
--------------------------------------------------------------------------------------------------------------------------
                                                                                              Three Months Ended
                                                                                       --------------------------------
                                                                                       January 26,          January 27,
                                                                                          2003                 2002
<S>                                                                                    <C>                  <C>
BASIC:

Net loss available for common stockholders                                             $ (575,000)         $(1,890,000)
                                                                                       ==========          ===========
Weighted average number of common shares outstanding                                    5,874,000            5,874,000
                                                                                       ==========          ===========

Basic loss per common share                                                            $    (0.10)        $      (0.32)
                                                                                       ==========          ===========


DILUTED:

Net loss available for common stockholders                                             $ (575,000)        $ (1,890,000)
                                                                                       ==========          ===========

Weighted average number of common shares outstanding                                    5,874,000            5,874,000

Dilutive effect of stock options                                                            -                    -
                                                                                       ----------          -----------

Weighted average number of shares outstanding                                           5,874,000            5,874,000
                                                                                       ==========          ===========

Diluted loss per common share                                                          $    (0.10)        $      (0.32)
                                                                                       ==========          ===========
</TABLE>
<PAGE>



<TABLE>
<CAPTION>
OWOSSO CORPORATION
EXHIBIT 11
COMPUTATION OF PER SHARE EARNINGS
------------------------------------------------------------------------------------------------------------------------------------

                                                          Three Months Ended                               Nine Months Ended
                                                     -------------------------------------------------------------------------------
                                                        July 28,      July 29,                            July 28,   July 29,
                                                          2002          2001                                2002       2001
                                                          ----          ----                                ----       ----


BASIC

<S>                                                  <C>                                           <C>               <C>
Net income (loss) available
     for common shareholders                         $ (1,457,000)  $(1,295,000)                     $  768,000      $ (4,668,000)
                                                     ============   ===========                      ==========      ============
Weighted average number
     of common shares outstanding                       5,874,000     5,865,000                       5,874,000         5,863,000
                                                     ============   ===========                      ==========      ============

Basic earnings (loss) per common share               $      (0.25)  $     (0.22)                     $     0.13      $      (0.80)
                                                     ============   ===========                      ==========      ============



DILUTED:

Net income (loss) available
        for common shareholders                      $ (1,457,000) $ (1,295,000)                     $  768,000      $ (4,668,000)
                                                     ============   ===========                      ==========      ============
Weighted average number
        of common shares outstanding                    5,874,000     5,865,000                       5,874,000         5,863,000

Dilutive effect of stock options                                -             -                               -                 -
                                                     ------------   -----------                      ----------      ------------
Weighted average number
        of common shares outstanding                    5,874,000     5,865,000                       5,874,000         5,863,000


Diluted earnings (loss) per common share             $     (0.25)   $     (0.22)                     $     0.13      $      (0.80)
                                                     ============   ===========                      ==========      ============
</TABLE>




                                       C-1
<PAGE>

                                                                    EXHIBIT 10.4

[COMPASS BANK LOGO]                                        Compass Bank
                                                           P.O. Box 2006
                                                           Dothan, Alabama 36302
                                                           334-712-7030


August 17, 2001


Mr. Richard Bailey
Boyd Bros. Transportation, Inc.
3275 Highway 30
Clayton, AL 36016


RE:  CREDIT AND SECURITY AGREEMENT BETWEEN COMPASS BANK ("BANK") AND BOYD
     BROS. TRANSPORTATION, INC. ("BORROWER") DATED APRIL 11, 2000


Dear Richard:

For the period ending June 30, 2001, Boyd Bros. Transportation, Inc. was in
violation of Section 6.01 of the above referenced Credit and Security Agreement
(as amended, the "Agreement"). You have requested and Bank has agreed to waive
the default under the Loan Agreement existing as of June 30, 2001 solely by
virtue of the violation of Section 6.01 of the Agreement, as outlined above.
This one-time limited waiver is effective only in the specific instance and for
the purpose for which given and nothing contained or provided herein shall be
construed as granting a waiver of any default except as specifically set forth
herein or as allowing Borrower to violate or fail to perform fully (i) Section
6.01 after June 30, 2001 or (ii) any other provisions of the Loan Documents at
any time.

Further, Compass Bank agrees to modify the covenant of this section as follows:

         Cash Flows-to-Current Maturities of Long-Term Debt
         This covenant referenced in Section 6.01 of the above-referenced
         Agreement will change from 1.2:1.0 to 1.1:1.0. On January 1, 2002, the
         covenant will return to 1.2:1.0 as defined in the Agreement.

If the terms of this letter are acceptable to you, please execute this letter
below and return the original hereof to the Bank.


Sincerely,

/s/ Jim Tate

Jim Tate                                         AGREED AND ACCEPTED
Vice President
                                                 /s/ Richard Bailey, its COO/CFO
                                                -------------------      -------
                                                Boyd Bros. Transportation, Inc.
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT AUDITORS**

 

The Board of Directors 

Plumtree Software, Inc.: 

 

We consent to the incorporation by reference in registration statements (Nos. 333-102520 and 333-89766) on Form S-8 of PlumtreeSoftware, Inc. of our report dated January 14, 2003, relating to the consolidated balance sheets of Plumtree Software, Inc. and subsidiaries as of December 31, 2002 and 2001 and the related consolidated statements of operations, stockholders’equity and comprehensive income (loss), and cash flows for each of the years in the three-year period ended December 31, 2002, which report appears in this annual report on Form 10-K of Plumtree Software, Inc. 

 

/s/    KPMG LLP

 

Mountain View, California

March 21, 2003
|   | i.                             The Report fully complies with the requirements of Section 13(a) or 15(d)      of the Securities Exchange Act of 1934;and |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | ii.                          The information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      Company. |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:           |  /S/      F. KIM COX                   |
|--------------------|----------------------------------------------------------------------------------------------------|
| Name:         | F.      Kim Cox                                                                                    |
| Title:        | Chief      Financial Officer                                                                  |
|               |                                                                                               |
| Date:         | February      19, 2008                                                                             |
#### Andre C. SMITH, Petitioner, v. STATE of Florida, Respondent.

No. 1D10-4306.

District Court of Appeal of Florida, First District.

Oct. 5, 2010.

Andre C. Smith, pro se, Petitioner.

Bill McCollum, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied on the merits.

WEBSTER, DAVIS, and VAN NORTWICK, JJ., concur.
Fourth Court of Appeals

San Antonio, Texas

October 5, 2018

No. 04-18-00454-CV

Charlene MENDEZ,

Appellant

v.

Jeremy DELGADO,

Appellee

From the 45th Judicial District Court, Bexar County, Texas

Trial Court No. 2017-CI-10408

Honorable Karen H. Pozza, Judge Presiding

ORDER

Appellant’s motion for extension of time to file her brief is GRANTED. We ORDER 

appellant to file her brief on or before December 4, 2018. NO FURTHER EXTENSIONS WILL 

BE GRANTED. 

_________________________________

Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 5th day of October, 2018.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
<TABLE> <S> <C>


<ARTICLE>                     5

<CIK>                         0000921052
<NAME>                    WNC CALIFORNIA HOUSING TAX CREDITS IV, L.P., SERIES 4
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              MAR-31-2000
<PERIOD-START>                                 APR-01-1999
<PERIOD-END>                                   JUN-30-1999
<EXCHANGE-RATE>                                1
<CASH>                                             691,656
<SECURITIES>                                             0
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                   691,656
<PP&E>                                                   0
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                   7,396,099
<CURRENT-LIABILITIES>                                    0
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 0
<OTHER-SE>                                       7,260,419
<TOTAL-LIABILITY-AND-EQUITY>                     7,369,099
<SALES>                                                  0
<TOTAL-REVENUES>                                    15,016
<CGS>                                                    0
<TOTAL-COSTS>                                       20,246
<OTHER-EXPENSES>                                   187,528
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                   (192,758)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                               (192,758)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                      (192,758)
<EPS-BASIC>                                          (17)
<EPS-DILUTED>                                            0




</TABLE>