alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals 

for the Fifth Circuit 

No. 21-50255 

Summary Calendar 

United States of America, 

Plaintiff—Appellee, 

versus

Marcelino Esteban Medina-Castillo, 

Defendant—Appellant. 

Appeal from the United States District Court 

for the Western District of Texas 

USDC No. 5:20-CR-481-1 

Before Jolly, Willett, and Engelhardt, Circuit Judges.

Per Curiam:*

Marcelino Esteban Medina-Castillo pleaded guilty to one count of 

illegal reentry, in violation of 8 U.S.C. § 1326(a) and (b)(1), and was 

sentenced within the guidelines range to 37 months of imprisonment and 

three years of supervised release. On appeal, he argues that the district court 

*

 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opinion should not be published and is not precedent except under the limited 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 

January 4, 2022 

Lyle W. Cayce 

Clerk 

Case: 21-50255 Document: 00516153149 Page: 1 Date Filed: 01/04/2022
No. 21-50255 

2 

plainly erred by failing to provide him with various admonishments required 

by Federal Rule of Criminal Procedure 11(b)(1), at his rearraignment hearing. 

Because Medina-Castillo did not raise any Rule 11 issues in the district 

court, our review is limited to plain error. See United States v. Vonn, 535 U.S. 

55, 58-59 (2002). To show plain error, Medina-Castillo must show a forfeited 

error that is clear or obvious and that affects his substantial rights. See Puckett 

v. United States, 556 U.S. 129, 135 (2009). If he makes such a showing, we 

have the discretion to correct the error but will do so only if it seriously affects 

the fairness, integrity, or public reputation of judicial proceedings. See id. 

In order to demonstrate that an error affected his substantial rights, 

Medina-Castillo must show that there is a “reasonable probability” that he 

would not have pleaded guilty “but for the error.” United States v. 

Dominguez Benitez, 542 U.S. 74, 76 (2004). In analyzing whether a 

defendant’s substantial rights were affected, we examine the entire record. 

Id. Assuming that Medina-Castillo has shown that the district court’s 

omission of various admonishments required by Rule 11(b)(1) were clear or 

obvious errors, he has failed to establish that such errors affected his 

substantial rights. See id. 

The judgment is AFFIRMED. 

Case: 21-50255 Document: 00516153149 Page: 2 Date Filed: 01/04/2022
IV

House Calendar No. 253

105TH CONGRESS

2D SESSION H. RES. 544

[Report No. 105–729]

Providing for consideration of motions to suspend the rules.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 17, 1998

Mr. MCINNIS, from the Committee on Rules, reported the following resolution;

which was referred to the House Calendar and ordered to be printed

RESOLUTION

Providing for consideration of motions to suspend the rules.

1 Resolved, That it shall be in order at any time on

2 Wednesday, September 23, 1998, for the Speaker to enter3 tain motions that the House suspend the rules. The object

4 of any motion to suspend the rules shall be announced

5 from the floor at least two hours prior to its consideration.

6 The Speaker or his designee shall consult with the Minor7 ity Leader or his designee on the designation of any mat8 ter for consideration pursuant to this resolution.
House Calendar No. 253

105TH CONGRESS

2D SESSION H. RES. 544

[Report No. 105–729]

RESOLUTION

Providing for consideration of motions to suspend

the rules.

SEPTEMBER 17, 1998

Referred to the House Calendar and ordered to be

printed
From: Fernando Trias 

Sent: Thursday, September 23, 2021 11:33 AM

To: EO-pilots <labeling-eo@nist.gov>

Subject: Comment for DRAFT Baseline Security Criteria for Consumer IoT Devices

Thank you for publishing the excellent draft paper. I have one comment.

Page 4, Software Update: Perhaps it is covered elsewhere, but since some devices allow 

updates via a physical interface (like USB, serial, or firmware programmer), devices should 

provide a mechanism for validating those updates. If the device provides a debug port (for field 

support access or troubleshooting), the port should provide some physical safeguards to 

prevent unauthorized access. This is also relevant for the Data Protection section.
#### J. T. Ashurst, etc., *v.*W. B. Kern's Admr.

•Equity — Commissioner’s Report — Agreement In.

The mere report of a commissioner of a verbal expression of a desire on the part of appellants could not have the effect of binding them as by an agreement of record unless the report distinctly showed the term of the agreement.

February 15, 1872.

APPEAL, FROM SCOTT CIRCUIT COURT.

Opinion of the Court by Chief

Justice Hardin :

After- the dismission of the cross petitions of Ware and Adams, nothing remained in the pleadings to authorize the judgment for their claims; and the judgment cannot be sustained unless the statement reported by the commissioner, Payne, that it was the desire of Ashurst & Brother that the property should be sold all together, should be construed as sufficiently importing an agreement by Ashurst & Brother that the court might render the judgment, not only for the debt of Kern’s admr. and for a sale of the property, but also for particular sums as due their co-defendants, Ware and Adams.

If the mere report of a commissioner of a verbal expression of a desire on the part of the Ashursts could, under any circumstances, have the effect of binding them as by an agreement of record, we are of the opinion that the report should, at least, certainly and distinctly show the terms of the agreement intended to be so proved, for the information of the court, and from which it might clearly appear what judgment they meant to consent to; but so far from this, the report does not import any admission of indebtedness to either Ware or Adams in any amount.

*30*Polk, for appellant.*

*Robinson, for appellee.*

The judgment must, therefore, be reversed, but without costs as ¡to Kern’s admr., the error seeming to have resulted from defective preparation on the part of Ware and Adams alone.

Wherefore, the judgment is reversed (at the costs of Ware and Adams) and the cause remanded for further proceedings not inconsistent with this opinion.,
<TABLE> <S> <C>

<ARTICLE>                                        5
<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
     REGISTRANT'S  UNAUDITED  BALANCE  SHEET  AS OF  NOVEMBER  30,  1997 AND THE
     UNAUDITED  STATEMENTS  OF OPERATIONS  AND  STATEMENTS OF CASH FLOWS FOR THE
     NINE MONTHS THEN ENDED AND IS  QUALIFIED  IN ITS  ENTIRETY BY  REFERENCE TO
     SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                                            0000835585
<NAME>                                           C-Phone Corporation
<MULTIPLIER>                                              1
       
<S>                                                     <C>
<PERIOD-TYPE>                                         9-MOS
<FISCAL-YEAR-END>                                FEB-28-1998
<PERIOD-START>                                   MAR-01-1997
<PERIOD-END>                                     NOV-30-1997
<CASH>                                            1,369,118
<SECURITIES>                                              0
<RECEIVABLES>                                       544,551
<ALLOWANCES>                                        160,124
<INVENTORY>                                       1,651,123
<CURRENT-ASSETS>                                  3,494,364
<PP&E>                                            1,124,658
<DEPRECIATION>                                      925,507
<TOTAL-ASSETS>                                    3,746,147
<CURRENT-LIABILITIES>                             1,009,045
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                             53,423
<OTHER-SE>                                        2,683,679
<TOTAL-LIABILITY-AND-EQUITY>                      3,746,147
<SALES>                                           1,202,424
<TOTAL-REVENUES>                                  1,223,431
<CGS>                                             1,982,347
<TOTAL-COSTS>                                     1,991,006
<OTHER-EXPENSES>                                          0
<LOSS-PROVISION>                                     40,124
<INTEREST-EXPENSE>                                      447
<INCOME-PRETAX>                                  (4,445,764)
<INCOME-TAX>                                              0
<INCOME-CONTINUING>                              (4,445,764)
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                     (4,445,764)
<EPS-PRIMARY>                                         (0.86)
<EPS-DILUTED>                                         (0.86)
        

</TABLE>
EXHIBIT 32.2



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

  I,  Shefali  Vibhakar, 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  Telesis  Technology  Corporation  on Form 10-KSB for the fiscal year
ended December 31, 2005 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  Form  10-KSB  fairly  presents  in  all  material  respects  the financial
condition  and  results  of  operations  of  Telesis  Technology  Corporation.

    By:/s/ Shefali Vibhakar
   --------------------------
      Shefali Vibhakar
   Principal Financial Officer

April 3, 2006

<PAGE>
EXHIBIT 99

<PAGE>
                         INDEPENDENT ACCOUNTANTS' REPORT







Board of Directors and Stockholders
SFSB Holding Company

We have  reviewed the  accompanying  consolidated  balance sheet of SFSB Holding
Company and  subsidiary as of September 30, 2000,  and the related  consolidated
statements  of income for the three and  nine-month  period ended  September 30,
2000 and 1999,  consolidated  statement of cash flow for the  nine-month  period
ended September 30, 2000 and 1999, and the consolidated  statement of changes in
stockholders'  equity for the nine-month  period ended September 30, 2000. These
consolidated  financial  statements  are  the  responsibility  of the  Company's
management.

We conducted our review in accordance with standards established by the American
Institute  of  Certified  Public  Accountants.  A review  of  interim  financial
information  consists  principally  of applying  analytical  and  procedures  to
financial  data and making  inquiries of persons  responsible  for financial and
accounting matters. It is substantially less in scope than an audit conducted in
accordance with generally accepted auditing standards, the objective of which is
the  expression  of an opinion  regarding the  financial  statements  taken as a
whole. Accordingly, we do not express such an opinion.

Based on our review, we are not aware of any material  modifications that should
be made to the  accompanying  financial  statements for them to be in conformity
with generally accepted accounting principles.

We have  previously  audited,  in accordance  with generally  accepted  auditing
standards,  the  consolidated  balance  sheet as of December 31,  1999,  and the
related consolidated  statements of income,  changes in stockholders' equity and
cash  flows for the year then ended (not  presented  herein);  and in our report
dated  February  11,  2000,  we  expressed  an  unqualified   opinion  on  those
consolidated financial statements.  In our opinion, the information set forth in
the accompanying  consolidated  balance sheet as of December 31, 1999, is fairly
stated, in all material respects,  in relation to the consolidated balance sheet
from which it has been derived.


/s/S.R. SNODGRASS, A.C.

Wexford, PA
November 8, 2000


S.R. Snodgrass, A.C.
1000 Stonewood Drive
Suite 200 Wexford, PA 15090-8399 Phone: 724-934-0344 Facsimile: 724-934-0345
<PAGE>   1


                                                                     EXHIBIT 11



                        EARNINGS PER SHARE COMPUTATIONS
                      (IN THOUSANDS EXCEPT PER SHARE DATA)



<TABLE>
<CAPTION>
                                               THREE MONTH PERIOD
                                                 ENDED MARCH 31,
                                              ----------------------
                                               1999           1998
                                              -------        -------
<S>                                           <C>            <C>
EARNINGS PER COMMON AND DILUTIVE
  POTENTIAL SHARE:
  Net Income                                  $ 8,750        $ 7,664
                                              =======        =======

  Shares:
  Weighted average number of common
    shares outstanding - Basic                 26,582         25,504
  Effect of dilutive securities (a):
    Stock options                                 302            775
                                              -------        -------
      Adjusted common shares - Diluted         26,884         26,279
                                              =======        =======

EARNINGS PER SHARE - DILUTED                  $  0.33        $  0.29
                                              =======        =======
</TABLE>

(a) Shares issuable were derived using the "Treasury Stock Method" for all
dilutive potential equivalents.
Exhibit 32.1
 CERTIFICATION OF
 CHIEF EXECUTIVE OFFICER AND
 CHIEF FINANCIAL OFFICER
 PURSUANT TO 18 U.S.C. SECTION 1350
  In connection with the accompanying Quarterly Report on Form 10-Q of Aspire International, Inc., for the quarter ending September 30, 2010, I, Bok Wong, Chief Executive Officer and Chief Financial Officer of Aspire International, Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:
  1. Such quarterly Report on Form 10-Q for the quarter ending September 30, 2010, 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 such quarterly Report on Form 10-Q for the quarter ended September 30, 2010, fairly represents in all material respects, the financial condition and results of operations of Aspire International, Inc.
 
 Date: April 14, 2011
Aspire International, Inc.By:
/s/ Bok WongName: Bok WongTitle: Chief Executive Officer andChief Financial Officer
[Federal Register Volume 79, Number 222 (Tuesday, November 18, 2014)]
[Notices]
[Pages 68665-68666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27235]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD615


Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meetings.

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

SUMMARY: The Mid-Atlantic Fishery Management Council's (Council) Summer 
Flounder, Scup, and Black Sea Bass Advisory Panel will hold a public 
meeting, jointly with the Atlantic States Marine Fisheries Commission's 
Summer Flounder, Scup, and Black Sea Bass Advisory Panels.

DATES: The meetings will be held Wednesday, December 3, 2014 from 1:30 
p.m. to 4:30 p.m. For agenda details, see SUPPLEMENTARY INFORMATION.

ADDRESSES: The meeting will be held via webinar with a telephone-only 
connection option. Details on webinar registration and the telephone-
only connection details are available at: http://www.mafmc.org.
    Council address: Mid-Atlantic Fishery Management Council, 800 N. 
State St., Suite 201, Dover, DE 19901; telephone: (302) 674-2331.

FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D. Executive 
Director, Mid-Atlantic Fishery Management Council; telephone: (302) 
526-5255.

SUPPLEMENTARY INFORMATION: The Council and Commission's Summer 
Flounder, Scup, and Black Sea Bass Advisory Panels will discuss 
recreational management measures for the upcoming fishing year. Summer 
flounder recreational measures will be discussed from 1:30 p.m. to 2:30 
p.m., scup measures from 2:30 p.m. to 3:30 p.m., and black sea bass 
measures from 3:30 p.m. to 4:30 p.m.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aid

[[Page 68666]]

should be directed to M. Jan Saunders, (302) 526-5251, at least 5 days 
prior to the meeting date.

    Dated: November 13, 2014.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2014-27235 Filed 11-17-14; 8:45 am]
BILLING CODE 3510-22-P
Exhibit 31.1

Certification of Principal Executive Officer

I, William C.
Mills III, certify that:



| | 1. | I have reviewed this Amendment No. 1 to the annual report on Form 10-K/A of Stereotaxis, 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;
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |  |  |  |  |                              
|----------------- |  |  |  |  |  | -----------------------------
|Date: May 2, 2014 |  |  |  |  |  | /s/ William C. Mills III     
|                  |  |  |  |  |  | William C. Mills III         
|                  |  |  |  |  |  | Chief Executive Officer      
|                  |  |  |  |  |  | Stereotaxis, Inc.            
|                  |  |  |  |  |  | (Principal Executive Officer)
**EXHIBIT 10.56**MEMORANDUM OF AGREEMENTThe attached Amendment No. 4 to the Amended & Restated Brokerage Business Quota Share ReinsuranceAgreement has been submitted for regulatory approval. The participating companies below haveagreed to the attached Amendment No. 4 pending regulatory approval.     /s/ Francis M. Colalucci Tower Insurance Company of New York 9/18/2007 Date       /s/ Francis M. Colalucci 9/18/2007       Tower National Insurance Company Date       /s/ Michael C. Haines 9/18/2007       Preserver Insurance Company Date       /s/ Michael C. Haines 9/18/2007       North East Insurance Company Date       /s/ Michael C. Haines 9/18/2007       Mountain Valley Indemnity Company Date       /s/ Joseph P. Beitz 9/9/2007       CastlePoint Reinsurance Company Date       /s/ Roger A. Brown 9/19/2007       CastlePoint Insurance Company Date  
1

 
Amendment No.4ToAmended and Restated
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

WESTERN DIVISION 

UNITED STATES OF AMERICA ) 

) No. 20 CR 50036 

 vs. ) 20 CR 50028 

) 

DAVID LUIS SILVA-CASTRO ) Magistrate Judge Lisa A. Jensen 

 

JOINT STATUS REPORT 

 Per this Court’s order, counsel for the government and the defendant submit 

the following status report: 

 Defense counsel has completed the review of the discovery. Defense counsel 

has received and reviewed the proposed plea agreement provided by the government. 

Defense counsel previously met with the defendant about the proposed plea 

agreement but needs to have an additional meeting with the defendant to review 

certain matters relating to the proposed plea agreement. In addition, a legal issue 

that potentially relates to plea negotiations and the potential range of sentences at 

issue has led to a circuit split and is currently pending before the Seventh Circuit. 

The case pending before the Seventh Circuit has been fully briefed and was argued 

before the Court in December 2021. The Seventh Circuit, however, has not yet issued 

its decision. 

The defense requests a 60-day continuance on these cases to allow defense 

counsel to confer with defendant regarding the developing law and possible outcomes. 

The government does not object to the requested continuance. 

 

Case: 3:20-cr-50028 Document #: 54 Filed: 05/17/22 Page 1 of 3 PageID #:105
2 

 The government moves for the time to be excluded for purposes of the Speedy 

Trial Act until the next status date pursuant to 18 U.S.C. § 3161(h)(7) because the 

ends of justice served by the continuance outweigh the best interest of the public and 

the defendant in a speedy trial, and the failure to grant the continuance would deny 

counsel for the defendant reasonable time necessary for effective preparation, 

including time necessary for defense counsel to consult with defendant regarding 

potential resolution of these cases and advise defendant about the developing law and 

possible outcomes, taking into account the exercise of due diligence. The defendant 

has no objection to the exclusion of time until the next status date. 

Jointly submitted by: 

s/ Mark Byrd 5/17/2022 

MARK BYRD DATE 

Attorney for David Luis Silva-Castro 

 

s/ Talia Bucci 5/17/2022 

TALIA BUCCI DATE 

Assistant United States Attorney 

Case: 3:20-cr-50028 Document #: 54 Filed: 05/17/22 Page 2 of 3 PageID #:106
CERTIFICATE OF FILING AND SERVICE 

I, TALIA BUCCI, certify that on May 17, 2022, in accordance with Fed. R. 

Crim. P. 49, Fed. R. Civ. P. 5, LR5.5, and the General Order on Electronic Case Filing 

(ECF), the following document: 

JOINT STATUS REPORT 

was served pursuant to the district court’s ECF system as the ECF filers. 

 s / Talia Bucci 

 TALIA BUCCI 

 Assistant United States Attorney 

 327 South Church Street, Suite 3300 

 Rockford, IL 61101 

 (815) 987-4444 

 

Case: 3:20-cr-50028 Document #: 54 Filed: 05/17/22 Page 3 of 3 PageID #:107
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00137-CV

Roderick Lee Mitchell, M.D., Appellant

v.

Texas Medical Board, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT

NO. D-1-GN-13-000240, HONORABLE TIM SULAK, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant has filed a motion to dismiss his appeal. We grant the motion and dismiss

the appeal. See Tex. R. App. P. 42.1(a).

__________________________________________

David Puryear, Justice

Before Justices Puryear, Pemberton and Rose

Dismissed on Appellant’s Motion

Filed: June 26, 2013