alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED February 14, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41505 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MANUEL SILVA-ARAMBULA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-680-ALL

-------------------- Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges. PER CURIAM: * Manuel Silva-Arambula (Silva) appeals his guilty-plea conviction and sentence for being an alien found unlawfully in the United States after deportation and after having been convicted of an aggravated felony. Silva argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326 (b)(1) and (2) are unconstitutional. Silva’s constitutional challenge is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although Silva contends that Almendarez-Torres was incorrectlyNo. 05-41505 -2- decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey , 530 U.S. 466 (2000), we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). Silva properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review.
AFFIRMED.
#### STATE of Louisiana v. Earl Joseph SMITH.

No. 2010-KK-0567.

Supreme Court of Louisiana.

Oct. 15, 2010.

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court, Div. N, No. 03-09-0913; to the Court of Appeal, First Circuit, No. 2009 KW 2360.

Denied.

KNOLL, J., concurs with reasons.

GUIDRY, J., concurs for Knoll’s reasons.

*194KNOLL, J.,

Concurring.

|,Arguably the trial court erred in suppressing the defendant’s prior conviction, entered by a guilty plea before the Baton Rouge City Court on April 10, 2002, as a predicate offense in the pending charge of driving while intoxicated, fourth offense. However, because the State did not assign this as an error in its writ application, I concur in the denial of the writ.
CONSULTING
AGREEMENT

    


    This Compensation Agreement is dated as
of January 8, 2009 between Green Planet Bioengineering Co. Limited, a Delaware
corporation (the “Company”), and  Darrin M. Ocasio, Esq. (the
“Consultant”).

    


    WHEREAS, the Company has requested the
Consultant to provide the Company with certain SEC related legal services in
connection with their business on a fixed fee basis (the “Services”), and the
Consultant has agreed to provide the Company with the Services; and

    


    WHEREAS, the Company wishes to
compensate the Consultant with shares of its common stock for such services
rendered in satisfaction of the monthly fixed fee;

    


    NOW THEREFORE, in consideration of the
mutual covenants hereinafter stated, it is agreed as follows:

    


    1.           The
Company will register 37,500 shares of the Company’s common stock, par value
$.001 per share, and issue the shares to the Consultant and register such shares
pursuant to a Registration Statement on Form S-8, as set forth in Section 2
below. The shares issued to the Consultant represent consideration for the
Services by the Consultant on behalf of the Company

    


    2.           Shares
to be issued hereunder shall be registered using a Form S-8.  The
Company shall file such Form S-8 with the Securities and Exchange Commission
within five business days of the execution of this agreement.


     

    IN
WITNESS WHEREOF, this Compensation Agreement has been executed by the Parties as
of the date first above written.

    


    
      
        	
                CONSULTANT

              
	 
      
	
                /s/ Darrin M. Ocasio

              
	
                Darrin
      M. Ocasio

              
	 
      
	
                The
      Company:

              
	 
      
	
                GREEN
      PLANET BIOENGINEERING CO. LIMITED

              
	 
      	 
      
	
                By:

              	
                /s/ Min Zhao

              
	
                Min
      Zhao

              
	
                Chief
      Executive officer
#### David LOCKE v. STATE of Louisiana.

No. 2010-OK-2048.

Supreme Court of Louisiana.

Feb. 11, 2010.

In re Locke, David; —Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Washington, 22nd Judicial District Court Div. D, No. 01-CR2-081848; to the Court of Appeal, First Circuit, No. 2010 KW 0896.

Denied.
#### STATE ex rel. Wadelen SUMLIN v. STATE of Louisiana.

No. 2009-KH-2738.

Supreme Court of Louisiana.

Nov. 19, 2010.

In re Sumlin, Wadelen; —Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. G, No. 258,360; to the Court of Appeal, Second Circuit, Nos. 44.805-KA, 44,806-KA.

Denied.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                            8869
<SECURITIES>                                         0
<RECEIVABLES>                                     9888
<ALLOWANCES>                                       242
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 19291
<PP&E>                                            6938
<DEPRECIATION>                                    5698
<TOTAL-ASSETS>                                   26618
<CURRENT-LIABILITIES>                             9832
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            31
<OTHER-SE>                                       15928
<TOTAL-LIABILITY-AND-EQUITY>                     26618
<SALES>                                          22143
<TOTAL-REVENUES>                                 22143
<CGS>                                             7810
<TOTAL-COSTS>                                     7810
<OTHER-EXPENSES>                                 12510
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (405)
<INCOME-PRETAX>                                   2253
<INCOME-TAX>                                       856
<INCOME-CONTINUING>                               1397
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      1397
<EPS-PRIMARY>                                     0.40
<EPS-DILUTED>                                     0.40
        

</TABLE>
The HONORABLE CHARLES R. WOLLE, Chief Judge, United States District 1

Court for the Southern District of Iowa.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-3017

___________

Robert H. Rounds, *

*

Appellant, *

*

v. * Appeal from the United States

* District Court for the

Sandy Baker; Sharon Lamb; Chrys * Southern District of Iowa.

Harvey; Nan Horvat; Larry Penland, *

* [UNPUBLISHED]

Appellees. *

___________

 Submitted: April 6, 1998

 Filed: April 15, 1998

___________

Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.

___________

PER CURIAM.

In May 1997, Robert Rounds filed a complaint under 42 U.S.C. § 1983 alleging

that he suffered an unconstitutional search and seizure on March 8, 1995. The district

court dismissed his claim under 28 U.S.C. § 1915(e) because it was barred by the two- 1

year statute of limitations. See Wycoff v. Menke, 773 F.2d 983, 987 (8th Cir.1985),

cert. denied, 475 U.S. 1028 (1986); Iowa Code Ann. § 614.1(2) (West Supp. 1997).
-2-

After careful review of the record, we affirm for the reasons stated by the district court.

See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
#### Fabian MATTHEWS, Appellant, v. STATE of Florida, Appellee.

No. 4D10-687.

District Court of Appeal of Florida, Fourth District.

Feb. 9, 2011.

Fabian Matthews, Sunrise, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant *845Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The State concedes that appellant’s letter should have been treated as a motion to correct a scrivener’s error in court documents. This matter is reversed and remanded. *Wells v. State,*796 So.2d 1276 (Fla. 4th DCA 2001).

*Reversed and remanded.*

GROSS, C.J., HAZOURI and LEVINE, JJ., concur.
IN THE DISTRICT COURT OF APPEAL OF THE STATE O F FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME E XPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED SC OTT MICHAEL BROWN , A ppellant ,
v. Case No. 5D 22

- 722 LT Case No. 2020

- CF

- 010650

- AO

S TATE O F FLORIDA ,

A ppellee

. ________________________________/ Decision filed September 13, 2022 A ppeal from t he Circuit Court for Or ange County , B ob Leblanc, Judge. M atthew J. Metz , Public Defender, and Stev en N. G os ney, Assistant P ublic Defender, Dayt ona B each, for Appellant. A s hley Moody, A ttorney General, Tallahassee, and Daniel P. Caldwell , A s sistant Attor ney General, Daytona Beach, for A ppellee. PER CURIAM. A FFIRMED. COHEN , SASSO and NA RDELLA , JJ., concur.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7319 Enrolled Bill (ENR)]

        H.R.7319

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen

                                 An Act

 
  To amend the Federal Assets Sale and Transfer Act of 2016 to provide 
   flexibility with respect to the leaseback of certain Federal real 
                    property, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. LEASEBACK RESTRICTION.
    Section 12(b)(4) of the Federal Assets Sale and Transfer Act of 
2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended--
        (1) by inserting ``for a period of greater than 3 years'' 
    before the period at the end;
        (2) by striking ``None of the'' and inserting the following:
            ``(A) In general.--None of the''; and
        (3) by adding at the end the following:
            ``(B) Requirements.--A leaseback under this paragraph--
                ``(i) shall expire on or before the last day of the 3-
            year period beginning on the date of the sale of the 
            respective property;
                ``(ii) may not contain any options to extend or renew 
            the leaseback;
                ``(iii) may only be entered into once for purposes of 
            temporarily housing the Federal agency in the property at 
            the time of the sale; and
                ``(iv) shall only be for the purpose of facilitating 
            the sale of the respective property.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
Hennion & Walsh, Inc. S-6/A


Exhibit 4.1



 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


240 Greenwich
Street, 22W Floor, New York, NY 10286


 


 


 


November 30, 2021


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


SmartTrust 543 (the “Fund”)


 


Dear Sirs:


The Bank of New York Mellon
is acting as trustee for the Fund, consisting of the unit investment trust (the “Trust”) included in the Registration
Statement relating to the Fund. We enclosed a list of the securities to be deposited in the Trust on the date hereof. The prices indicated
therein reflect our evaluation of such securities as of close of business on November 29, 2021, in accordance with the valuation method
set forth in the applicable Standard Terms and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New
York Mellon as the party performing the evaluations of the Trust securities in the Registration Statement (No. 333-258828) filed with
the Securities and Exchange Commission with respect to the registration of the sale of the Units of the Trust and to the filing of this
consent as an exhibit thereto.


 


Very truly yours,


 


/s/ GERARDO CIPRIANO               


Gerardo Cipriano


Vice President
#### Luis Reinaldo PEDRAYES, Appellant, v. The STATE of Florida, Appellee.

No. 3D11-629.

District Court of Appeal of Florida, Third District.

April 27, 2011.

Rehearing Denied June 3, 2011.

Grisel Ybarra, Miami, for appellant.

Pamela Jo Bondi, Attorney General, for appellee.

Before GERSTEN, CORTINAS, and SALTER, JJ.

PER CURIAM.

Affirmed. *Hernandez v. State,*61 So.3d 1144 (Fla. 3d DCA 2011).
##### 



EXHIBIT 32.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 As of the date hereof, I, John Kunze, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Plumtree
Software, Inc. on Form 10-K for the fiscal year ended December 31, 2004 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information
contained in such Annual Report on Form 10-K fairly presents in all material respects the financial
condition and results of operations of Plumtree Software, Inc. A signed original of this written statement required by Section 906 has been provided by Plumtree
Software, Inc. and will be retained by Plumtree Software, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request. By: /s/ John KunzeName: John KunzeTitle: Chief Executive OfficerDate: March 11, 2005
 43
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 Cardinal Communications, Inc. (the
      "Company") on Form 10-KSB/A for the period ending December 31, 2005, as filed
      with the Securities and Exchange Commission on the date hereof (the "Report"),
      I, Edouard A. Garneau, 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:





(1)
      The
      Report fully complies with the requirements of section 3(a) or 15(d) of the
      Securities and 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.


Dated: October 5, 2007/s/ Edouard
                A. GarneauName:
                Edouard A. GarneauChief Executive
                Officer
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
CONSOLIDATED  FINANCIAL STATEMENTS OF HORIZON FINANCIAL SERVICES CORPORATION FOR
THE SIX MONTH PERIOD ENDED DECEMBER 31, 1999 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>             JUN-30-2000
<PERIOD-END>                  DEC-31-1999
<CASH>                              3,887
<INT-BEARING-DEPOSITS>                  0
<FED-FUNDS-SOLD>                        0
<TRADING-ASSETS>                        0
<INVESTMENTS-HELD-FOR-SALE>        16,276
<INVESTMENTS-CARRYING>                  0
<INVESTMENTS-MARKET>                    0
<LOANS>                            58,111
<ALLOWANCE>                           381
<TOTAL-ASSETS>                     82,038
<DEPOSITS>                         60,906
<SHORT-TERM>                       12,561
<LIABILITIES-OTHER>                   436
<LONG-TERM>                             0
<COMMON>                               10
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<OTHER-SE>                          8,125
<TOTAL-LIABILITIES-AND-EQUITY>     82,038
<INTEREST-LOAN>                     2,364
<INTEREST-INVEST>                     535
<INTEREST-OTHER>                      177
<INTEREST-TOTAL>                    3,076
<INTEREST-DEPOSIT>                  1,307
<INTEREST-EXPENSE>                  1,719
<INTEREST-INCOME-NET>               1,357
<LOAN-LOSSES>                          48
<SECURITIES-GAINS>                   (225)
<EXPENSE-OTHER>                     1,094
<INCOME-PRETAX>                       221
<INCOME-PRE-EXTRAORDINARY>            221
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                          153
<EPS-BASIC>                           .18
<EPS-DILUTED>                         .17
<YIELD-ACTUAL>                       7.80
<LOANS-NON>                           774
<LOANS-PAST>                            0
<LOANS-TROUBLED>                        0
<LOANS-PROBLEM>                       595
<ALLOWANCE-OPEN>                      343
<CHARGE-OFFS>                          12
<RECOVERIES>                            2
<ALLOWANCE-CLOSE>                     381
<ALLOWANCE-DOMESTIC>                  381
<ALLOWANCE-FOREIGN>                     0
<ALLOWANCE-UNALLOCATED>                34


</TABLE>
EXHIBIT 32.1


CERTIFICATIONS





The undersigned, as the Chief Executive Officer of Valley Financial Corporation, certifies that the Form 10-Q for the quarter ended March 31, 2010, which accompanies this certification, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of Valley Financial Corporation at the dates and for the periods indicated.  The foregoing certification is made solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code and is subject to the knowledge and willfulness qualifications contained in Title 18, Chapter 63, Section 1350(c).





Dated:  May 13, 2010








/s/ Ellis L. Gutshall


Chief Executive Officer





36
#### James GARRISON, Petitioner, v. STATE of Florida, Respondent.

No. 1D10-2831.

District Court of Appeal of Florida, First District.

June 25, 2010.

Rehearing Denied Aug. 2, 2010.

James Garrison, pro se, Petitioner.

Bill McCollum, Attorney General, Tallahassee, for Respondent.

*298PER CURIAM.

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

HAWKES, C.J., BENTON and LEWIS, JJ., concur.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7230 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 7230

 To designate the facility of the United States Postal Service located 
     at 226 West Main Street in Lake City, South Carolina, as the 
              ``Postmaster Frazier B. Baker Post Office''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2018

Mr. Clyburn (for himself, Mr. Norman, Mr. Duncan of South Carolina, Mr. 
 Wilson of South Carolina, Mr. Rice of South Carolina, Mr. Gowdy, and 
 Mr. Sanford) introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
     at 226 West Main Street in Lake City, South Carolina, as the 
              ``Postmaster Frazier B. Baker Post Office''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. POSTMASTER FRAZIER B. BAKER POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 226 West Main Street in Lake City, South Carolina, shall be 
known and designated as the ``Postmaster Frazier B. Baker Post 
Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Postmaster 
Frazier B. Baker Post Office''.
                                 <all>
```
Nebraska Court of Appeals Memorandum Opinions

NOT Selected for Posting to Court Website

(released the week prior to April 19, 2022)

The following memorandum opinions were filed by the Nebraska Court of 

Appeals and can be viewed using SSCALES:

None Available

The above-listed memorandum opinions can be viewed online through the 

appellate court case search available by subscription through Nebraska.gov:

http://www.nebraska.gov/subscriber/.

Current subscribers to Nebraska.gov can search appellate court cases here:

https://www.nebraska.gov/courts/sccales/.