alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 December 22, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-50686 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JESUS LORENZO MONTOYA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-02-CR-1827-ALL

-------------------- Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM: * Jesus Lorenzo Montoya appeals his conviction for importation of marijuana and possession of marijuana with intent to distribute. Montoya argues that the evidence fails to show that he knew that a large quantity of marijuana was hidden in his van. He contends that the evidence shows only he acted negligently in agreeing to drive the van across the border, and not that he knowingly possessed or imported marijuana. He also contends thatNo. 03-50686 -2- the trial court erred by instructing the jury on deliberate ignorance. The trial evidence was sufficient to allow a rational jury to find that Montoya knew that there was marijuana hidden under the floor of the van. United States v. Del Aguila-Reyes , 722 F.2d 155, 157 (5th Cir. 1983); United States v. Cano-Guel , 167 F.3d 900, 905 (5th Cir. 1999). Under the facts of the case, we find no error in the trial court’s decision to give a deliberate ignorance instruction. United States v. Saucedo-Munoz , 307 F.3d 344, 348-49 (5th Cir. 2002).
AFFIRMED.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

ADRIAN L. COLLINS,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 240 MAL 2014

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 20th day of August, 2014, the Petition for Allowance of Appeal is

DENIED.
#### Jarold E. BROWN, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

No. 03-3244.

United States Court of Appeals, Federal Circuit.

DECIDED: Aug. 15, 2003.

ORDER

The parties having so agreed, it is

*896ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b).
1 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. 98-50099

Summary Calendar 

__________________

KENNETH LEE JOHNSON,

 Plaintiff-Appellant,

versus

FRED C. TADLOCK; GARY BRITT; MARK SCOTT; WAYNE SCOTT, DIRECTOR,

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; 

J. DOE; J. DOE, II; J. DOE, III; THOMAS JAMES MCKINNEY; 

KENNETH B. GREEN, JR., Warden; RICHARD C. TEDFORD; 

JOHNNY W. SMITH; DENNIS L. HERRON, Captain,

 Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. W-95-CV-325

- - - - - - - - - -

June 17, 1998

Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:1

Kenneth Lee Johnson, Texas prisoner # 515059, appeals from the

district court’s dismissal of his civil rights suit for failure to

serve the defendants and for failure to prosecute. Johnson's

motion to strike and replace his initial brief is GRANTED.
Johnson argues that the district court should not have

dismissed his complaint for failure to serve process, that the

court should have appointed a "special process server" for him, and

that the defendants should have been made to allow him to serve

them. The record reveals that Johnson has not shown good cause for

failing to serve the defendants within the time allowed. FED. R.

CIV. P. 4(c), (m); Lambert v. United States, 44 F.3d 296, 299 (5th

Cir. 1995). In addition, the dismissal of the suit was justified

in the light of Johnson's contumacious conduct. See Berry v.

CIGNA/RSI-CIGNA, 975 F.2d 1188, 1191 (5th Cir. 1992). This appeal

lacks arguable merit and is, therefore, frivolous. Howard v. King,

707 F.2d 215, 219-20 (5th Cir. 1983). It is DISMISSED as such. 

Because of his demonstrated willingness to file frivolous

suits and appeals, Johnson is BARRED from filing any pleadings or

documents of any kind, either in the district courts of this

circuit or in this court, without advance written permission of a

judge of the forum court. Any attempt by Johnson to file frivolous

pleadings in the future will result in further sanctions. 

 MOTION TO STRIKE AND REPLACE THE BRIEF GRANTED; APPEAL

DISMISSED; BAR TO FILINGS RAISED.
EXHIBIT 32.2

SECTION 906 CERTIFICATION - CFO

In connection with the Quarterly Report of Plains Exploration & Production Company
(the Company) on Form 10-Q for the period ending June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Winston M. Talbert, 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, that:

To the
best of my knowledge, after reasonable investigation:



| | (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 result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------

Dated: August 7, 2007



/s/ Winston M. TalbertWinston M. TalbertChief Financial Officer


The foregoing certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and is not being filed as part of the Report or as a separate disclosure document.

A signed original of this written
statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version 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.
[Federal Register Volume 75, Number 206 (Tuesday, October 26, 2010)]
[Notices]
[Page 65639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27053]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel; National Biocontainment 
Laboratories (NBLs) Operations Support.
    Date: November 17, 2010.
    Time: 1 p.m. to 6 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6700B Rockledge Drive, 
Bethesda, MD 20817. (Telephone Conference Call)
    Contact Person: Peter R. Jackson, Ph.D., Scientific Review 
Administrator, Scientific Review Program, Division of Extramural 
Activities, NIAID, NIH, Room 2217, 6700-B Rockledge Drive, MSC, 
7616, Bethesda, MD 20892-7616, 301-496-2550, <a href="/cdn-cgi/l/email-protection#8afae0b2fccae4e3e2a4ede5fc"><span class="__cf_email__" data-cfemail="abdbc193ddebc5c2c385ccc4dd">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: October 20, 2010.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-27053 Filed 10-25-10; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
| logo) ncb  National Cooperative Bank    | 2011 Crystal  Drive  Suite, 8oo  Arlington, Virginia 22202 |
|----------------------------------------------|-----------------------------------------------------------------|

 

 

# February 6, 2018

 

 

RBS Commercial Funding, Inc.as Depositor

600 Washington Blvd.

Stamford, CT 06901

 

RE:     Annual Statement as to Compliance

           WFRBS 2014 C23

 

Dear Sir/Madam:

 

Inaccordance with the Pooling and Servicing Agreement entered into in connectionwith the issuance of the Commercial Mortgage Pass-Through Certificates Series2014-C23, as an authorized officer of National Cooperative Bank, N.A., formerlyNCB, FSB (the “Co-op Special Servicer”), I hereby certify that:

 

a.       A review of theactivities of the Co-op Special Servicer during the preceding calendar year(the “Reporting Period”) and of its performance under the Pooling and ServicingAgreement has been made under my supervision.

 

b.      To the best of myknowledge, based on these reviews, the Co-op Special Servicer has fulfilled allobligations under this agreement in all material respects throughout theReporting Period.

 

Please note that the annualfinancial statement will be sent under separate cover on or before March 31,2018.

 

 

Best regards,

 

/s/ Karyn Mann

Karyn Mann

Senior Vice President,Investor Compliance

National Cooperative Bank,N.A.
<PAGE>

                                                                Exhibit 32.2

                      CERTIFICATION OF PERIODIC REPORT
                      --------------------------------

I, Paul H. Tate, chief financial officer of Frontier Airlines, Inc.
(the "Company"), certify pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350, that:

(1)      the quarterly report on Form 10-Q of the Company for the period
         ended December 31, 2005 (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

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

Dated: January 30, 2006                      /s/ Paul H. Tate
                                          --------------------------------
                                          Paul H. Tate
                                          Chief Financial Officer
# Sitemap

## March 06, 2016

- Home
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- 03
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            - South Corridor in Building 226
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            - Upcoming Cygnus Named SS Rick Husband
# Fourth Court of Appeals

**San Antonio, Texas**

MEMORANDUM OPINION

No. 04

- 23

- 00997

- CV

IN RE SA STRUCTURAL REPAIR SOLUTIONS, LLC A/K/A OLSHAN FOUNDATION

SOLUTIONS

Original Proceeding 1

PER CURIAM

Sitting: Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Lori I. Valenzuela , Justice

Delivered and Filed: December 13, 2023

PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT

On November 13, 2023

, relator filed a petition for writ of mandamus and a n emergency

motion to stay a discovery order from the underlying proceeding pending our final resolution of

the petition for writ of mandamus. On November 20, 2023, we issued an order granting relator’s

emergency motion to stay in part and requested responses from rea l parties in interest and the trial

court. On December 1, 2023 , relator filed an unopposed motion to dismiss its petition for writ of

mandamus as moot. We grant the motion , lift the stay, and dismiss the petition as moot

.

PER CURIAM

1 This proceeding arises out of Cause No. 2022CI00994 , styled Tuan Thanh Truong and Lieu N. Truong v. SA

Structural Repair Solutions, LLC a/k/a Olshan Foundation Solutions , pending in the 224th Judicial District Court

, Bexar County, Texas, the Honorable Norma Gonzales presi ding.
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




       In connection with the Quarterly Report of Berkeley Technology Limited on
Form  10-Q for the  period  ended  September  30,  2008 as  filed  with the U.S.
Securities and Exchange Commission (the "Report"), I, Ian K. Whitehead, as Chief
Financial Officer of the registrant, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted by ss. 906 of the Sarbanes-Oxley Act of 2002, that to 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
registrant.



Date:  November 14, 2008                         By:    /s/  Ian K. Whitehead

                                                        Ian K. Whitehead
                                                        Chief Financial Officer
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.
 Department of Justice Drug Enforcement Administration
 This is notice that on July 22, 2010, Cody Laboratories Inc., 601 Yellowstone Avenue, Cody, Wyoming 82414-9321, made application by renewal to the Drug Enforcement Administration (DEA) for registration as an importer of the basic classes of controlled substances listed in schedule II: Drug
ScheduleRaw Opium (9600)
IIConcentrate of Poppy Straw (9670)
II
 The company plans to import narcotic raw materials for manufacturing and further distribution to its customers. The company is registered with DEA as a manufacturer of several controlled substances that are manufactured from raw opium, poppy straw, and concentrate of poppy straw. As explained in the Correction to Notice of Application pertaining to Rhodes Technologies, 72 FR 3417 (2007), comments and requests for hearings on applications to import narcotic raw material are not appropriate. As noted in a previous notice published in the 
                    **Federal Register**
                     on September 23, 1975, (40 FR 43745), all applicants for registration to import a basic class of any controlled substances in schedule I or II are, and will continue to be, required to demonstrate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, that the requirements for such registration pursuant to 21 U.S.C. 958(a); 21 U.S.C. 823(a); and 21 CFR 1301.34(b), (c), (d), (e), and (f) are satisfied. Dated: October 19, 2010. Joseph T. Rannazzisi, Deputy Assistant Administrator,Office of Diversion Control,Drug Enforcement Administration.


[FR Doc. 2010-27023 Filed 10-25-10; 8:45 am] BILLING CODE 4410-09-P
# STS-89 and Mir 24 crews at the hatch opening

S89-E-5352 (28 Jan 1998) --- This Electronic Still Camera (ESC) image shows the commanders' farewell handshake, thus bringing the eighth Shuttle/Mir joint activities to an end.  The commanders, cosmonaut Anatoliy Y. Solovyev, Mir-24 commander (on the left); and astronaut Terrence W. Wilcutt, STS-89 commander, are posing in the Docking Module (DM) between the Space Shuttle Endeavour and the Russian Mir Space Station.  The Shuttle crew dropped off astronaut Andrew S. W. Thomas and picked up astronaut David A. Wolf, cosmonaut guest researcher onboard Mir since September 1997.  Thomas will be the last American astronaut to serve a tour aboard the Mir as a cosmonaut guest researcher.  This ESC view was taken on January 28, 1998, at 22:27:56 GMT.

                    -  Facebook PinterestX
-  LinkedIn Emailhttps://www.nasa.gov/image-detail/amf-s89e5352/Copy URL to clipboard>DownloadShareTakenMarch 4, 1998ProducerJSCSize1920x1280pxPIA Numbers89e5352The National Aeronautics and Space Administration
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-  									Page Last Updated:								  								Apr 17, 2023								 
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-  								Responsible NASA Official:							  								Abigail Bowman
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-30851

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

DANIEL DAVID GARZA,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 5:16-CR-297-1

Before REAVLEY, GRAVES, and HO, Circuit Judges. 

PER CURIAM:*

Daniel David Garza appeals his conviction for conspiracy to distribute 

and to possess with intent to distribute five grams or more of

methamphetamine actual and possession of a firearm in furtherance of a drug 

trafficking offense. He argues that the district court erred in denying his 

motion to suppress because the officer initiating the traffic stop did not have 

an objectively reasonable suspicion that a traffic violation occurred. He 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

July 11, 2018

Lyle W. Cayce

Clerk

 Case: 17-30851 Document: 00514550906 Page: 1 Date Filed: 07/11/2018
No. 17-30851

2

contends that the video from the patrol unit did not show a traffic violation 

prior to the officer initiating the stop. Garza argues that the officer’s testimony 

that he did not activate the patrol unit’s lights and video recorder immediately 

upon observing the traffic violation due to safety concerns was not credible. 

Having reviewed the record, we conclude that the officer’s testimony is 

not “so unbelievable on its face that it defies physical laws.” See United States 

v. Casteneda, 951 F.2d 44, 48 (5th Cir. 1992) (internal quotation marks and 

citation omitted). Likewise, Garza’s arguments do not suffice to permit a 

“definite and firm conviction” that the magistrate judge and the district court 

erred in finding the officer’s testimony credible. United States v. Hearn, 563 

F.3d 95, 101 (5th Cir. 2009) (internal quotation marks and citation omitted). 

Viewing the evidence in the requisite light most favorable to the Government, 

we conclude that the officer’s decision to conduct a traffic stop was justified at 

its inception because the officer had reasonable suspicion that the driver 

committed a traffic violation. See United States v. Pack, 612 F.3d 341, 347 (5th 

Cir. 2010); United States v. Lopez-Moreno, 420 F.3d 420, 430 (5th Cir. 2005). 

Accordingly, the judgment of the district court is AFFIRMED.

 Case: 17-30851 Document: 00514550906 Page: 2 Date Filed: 07/11/2018
Exhibit 10.34

                                    AGREEMENT


This  agreement  was made and is effective on the 30th day of  September,  1999,
between Reconditioned  Systems,  Inc. (an Arizona corporation,  "RSI") and Wayne
Collignon.

                                    RECITALS

1.   RSI and Mr.  Collignon  entered into an  Employment  Agreement  and certain
     amendments thereto.

2.   RSI and Mr. Collignon wish to cancel the Employment Agreement.

                                   AGREEMENTS

1.   The Employment Agreement  between  RSI and Mr.  Collignon  will be canceled
effective  immediately  upon execution of this agreement and Mr.  Collignon will
tender a resignation letter to RSI.

2.   RSI will pay Mr. Collignon $430,484  as follows:  $260,000 on November  10,
1999,  $90,000 on January 3, 2000, and $80,484 via relief of a note and interest
owed RSI by Mr. Collignon.

3.   Mr.  Collignon  will give back to RSI 50,000 shares of RSI Common Stock and
100,000 options to purchase RSI Common Stock at $1.00 per share.

4.   By executing this agreement,  Mr.  Collignon  agrees that RSI's purchase of
his stock and stock options represents fair value and that he is not entitled to
any additional amount if the price of RSI's Common Stock goes up in the future.

5.   RSI will publicly announce Mr.  Collignon's  resignation within one week of
the  execution  of this  agreement  and receipt of Mr.  Collignon's  resignation
letter.

6.   Mr.  Collignon  has the  option to remain  with RSI on a  consulting  basis
through  January 3, 2000 for which he will be paid $3,846.15  bi-weekly.  If Mr.
Collignon  elects to leave prior to January 3, 2000,  the  bi-weekly  consulting
fees will discontinue.

7.   On December 31, 1999 Mr. Collignon will receive his standard bonus which is
equal to 5% of the pre-tax  profits earned by RSI from July 1, 1999 to September
30, 1999. This will be Mr. Collignon's final bonus.

8.   Mr. Collignon will be free to compete with RSI on the earlier of January 4,
2000 or the day on which he elects to discontinue his consulting services.

9.   Mr.  Collignon  will  indemnify  RSI for any  expenses  it incurs on claims
brought before January 3, 2000 as a direct result of any improper actions by him
while he was an employee of RSI.

10.  The  validity,   interpretation,   construction  and  performance  of  this
Agreement  shall be governed by the laws of the State of Arizona  without regard
to its conflicts of law principles.


<PAGE>

IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of
November 5, 1999.

                                           /s/ Wayne R. Collignon
                                           -------------------------------------
                                           Wayne R. Collignon


                                           /s/ Dirk D. Anderson
                                           -------------------------------------
                                           Dirk D. Anderson, Secretary/Treasurer