alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
I 

108TH CONGRESS 

2D SESSION H. R. 4617 

To amend the Small Tracts Act to facilitate the exchange of small tracts 

of land, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2004 

Mr. DOOLITTLE introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Agriculture, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To amend the Small Tracts Act to facilitate the exchange 

of small tracts of land, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FACILITATION OF EXCHANGE OF SMALL 

4 TRACTS. 

5 (a) EXPANSION OF AVAILABILITY OF LANDS FOR

6 SALE OR EXCHANGE.—Section 3 of Public Law 97–465 

7 (16 U.S.C. 521e; section 3 of the Act commonly known 

8 as the Small Tracts Act) is amended— 
2 

•HR 4617 IH 

1 (1) by striking ‘‘not practicable’’ and inserting 

2 ‘‘either not practicable or not expedient’’; 

3 (2) by striking ‘‘, which have a value as deter4 mined by the Secretary of not more than 

5 $150,000,’’; and 

6 (3) in paragraph (1)— 

7 (A) by striking ‘‘parcels of forty acres’’ 

8 and inserting ‘‘parcels or portions of parcels of 

9 100 acres’’; and 

10 (B) by striking ‘‘under the mining laws’’. 

11 (b) RULES OR REGULATIONS NOT REQUIRED.— 

12 Nothing in the amendments made by this Act shall require 

13 the Forest Service to issue rules or regulations prior to 

14 any sale, exchange, or interchange under Public Law 97– 

15 465 (16 U.S.C. 521c et seq.). 

16 (c) SPECIAL CASES.—The Forest Supervisor may 

17 complete the following interchanges under Public Law 97– 

18 465 (16 U.S.C. 521c et seq.), as amended by subsection 

19 (a): 

20 (1) An acquisition from Irving N. Christensen 

of that portion of SW1⁄4NW1 21 ⁄4 Section 16, T.19N., 

22 R.9E., MDM., lying southwesterly of California 

State Highway 49 and all that portion of S1⁄2NE1 23 ⁄4

24 Section 17, T.19N., R.9E., MDM., lying southwest25 erly of California State Highway 49 and northeast-
3 

•HR 4617 IH 

1 erly of the North Fork Yuba River, through inter2 change of an approximately equal value of National 

3 Forest System land lying northerly of California 

State Highway 49 within the N1⁄2N1 4 ⁄2 Section 17, 

5 T.19N., R.9E., MDM. The Federal land to be inter6 changed within the specifications of this paragraph 

7 shall be agreed upon by the Forest Supervisor and 

8 Irving N. Christensen. 

9 (2) An acquisition from Dennis W. McCreary 

10 and Cindy M. McCreary of a portion of Lot 19, Sec11 tion 35, T. 20 N., R. 10 E, MDM in Downieville, 

12 Sierra County, California, through interchange of a 

13 portion of National Forest System land in Lot 121, 

14 Section 35, T. 20 N., R. 10 E, MDM in Downieville, 

15 Sierra County, California. The Federal land to be 

16 interchanged within the specifications of this para17 graph shall be agreed upon by the Forest Supervisor 

18 and Dennis W. McCreary and Cindy M. McCreary. 

Æ
Exhibit 32.1

CERTIFICATION PURSUANT TO
                      SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
                                 AS ADOPTED PURSUANT TO
                           SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, the undersigned, as Chief Executive Officer of Microvision, Inc. (the "Company"), does hereby certify that to the undersigned's knowledge:

1)  the Company's Form 10-K for the year ended December 31, 2008 fully complies with the requirements and
   of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

2)   the information contained in the Company's Form 10-K for the year ended December 31, 2008 fairly presents,
      in all material respects, the financial condition and results of operations of the Company.

| |  | /s/ALEXANDER Y. TOKMAN
    Alexander Y. Tokman
    Chief Executive Officer
| |  | --------------------------------------------------------------------------

Date: March 5, 2009

---
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 11-20249

Summary Calendar

WILLIAM SOLOMON LEWIS,

Plaintiff-Appellant

v.

BRAZORIA COUNTY SHERIFF’S OFFICE; SHERIFF CHARLES WAGNER;

UNIVERSITY OF TEXAS MEDICAL BRANCH,

Defendants-Appellees

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:10-CV-5014

Before DAVIS, STEWART, and CLEMENT, Circuit Judges.

PER CURIAM:*

William Solomon Lewis, Texas prisoner # 73998279, appeals from the

dismissal of his civil rights action, which was brought pursuant to 42 U.S.C.

§ 1983.

“This Court must examine the basis of its jurisdiction, on its own motion,

if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). A timely

“notice of appeal in a civil case is a jurisdictional requirement.” Bowles v.

United States Court of Appeals

Fifth Circuit

F I L E D

November 3, 2011

Lyle W. Cayce

Clerk

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.

Case: 11-20249 Document: 00511653963 Page: 1 Date Filed: 11/03/2011
No. 11-20249

Russell, 551 U.S. 205, 214 (2007). A document may be construed as a notice of

appeal only if it “clearly evinces the party’s intent to appeal.” Mosley, 813 F.2d

at 660 (internal quotation marks and citation omitted). A pleading that both

seeks to appeal and to obtain relief from the district court does not clearly evince

an intent to appeal. See id.

Both of the pleadings Lewis evidently intended to serve as notices of

appeal also sought postjudgment relief from the district court. See Rosenzweig

v. Azurix Corp., 332 F.3d 854, 864 (5th Cir. 2003). Those pleadings therefore did

not clearly evince an intent to appeal, and were ineffective to serve as notices of

appeal. See Mosley, 813 F.2d at 660. Because there is not effective notice of

appeal, we lack jurisdiction over Lewis’s appeal. See Bowles, 551 U.S. at 214. 

Lewis moves for leave to supplement his brief and to have his case placed

under seal. Because we lack jurisdiction over the appeal, Lewis’s motions are

denied.

APPEAL DISMISSED. MOTIONS DENIED.

2

Case: 11-20249 Document: 00511653963 Page: 2 Date Filed: 11/03/2011
_________________________________________ 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

November 25, 2008 Clifford W. Taylor,

 Chief Justice 

136765 & (10)(11) Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, 

Plaintiff-Appellee, Justices 

v SC: 136765 

 COA: 284588 
 Wayne CC: 06-013495

JEFFREY DEWIGHT GASKINS,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the May 8, 2008 order of 

the Court of Appeals is considered, and it is DENIED, because we are not persuaded that 

the questions presented should be reviewed by this Court. The motions for appointment 

of counsel and for remand to the trial court are DENIED. 

p1117 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

November 25, 2008 

 Clerk
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 Quarterly Report of Magnitude Information Systems, Inc.
      (the
      "Company") on Form 10-Q for the quarter ended June 30, 2008 (the "Form 10-Q"),
      I, Rudolf Hauke, Chief Executive Officer of the Company, certify, as of the
      date
      hereof, 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,
      that the Company's Form 10-Q fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information
      contained in the Form 10-Q, fairly presents, in all material respects, the
      financial condition and results of operations of the Company.




Dated:
                    August 17, 2008
                /s/
                Rudolf
                    HaukeRudolf
                    HaukePresident
                    and Chief Executive Officer
* Pursuant to 5 TH C IR

. R. 47.5, the Court has determined th a t

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 FOR THE FIFTH CIRCUIT

_______________________
No. 97-10251 Summary Calendar

_______________________

MICHAEL WAYNE BOHANNAN,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,

Respondent-Appellee.

_________________________________________________________________

Appeal from the United States District Court for the Northern District of Texas

(4:96-CV-326)

_________________________________________________________________ April 1, 1999

Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges. *

EDITH H. JONES, Circuit Judge:

Michael Wayne Bohannan, Texas prisoner # 366986, appeals

the district court’s denial of his 28 U.S.C. § 2254 petition. A

certificate of appealability was granted for Bohannan’s appeal.

Bohannan argues 1) that his plea agreement was violated

when he was not returned to the Texas Department of Criminal

Justice-Institutional Division (TDCJ) following the revocation of

his mandatory supervision and 2) that he was denied the restoration2

of good-time credits, which had been forfeited when his mandatory

supervision was revoked. He contends that the TDCJ had a policy in

effect at the time of his mandatory-supervision revocation, which

allowed for the restoration of good-time credits, but that by the

time he was placed in a TDCJ facility, the TDCJ policy had changed

to disallow the restoration to prisoners convicted of a violent

offense.

Bohannan has not shown that his plea agreement included

a promise that he would be returned to a TDCJ facility if his

mandatory supervision was revoked and he was again incarcerated.

He has thus not demonstrated that his plea agreement was breached.

See Smith v. Blackburn
, 785 F.2d 545, 548 (5th Cir. 1986) (prisoner

must prove exact terms of alleged promise).

A COA was not granted on the issue whether Bohannan was

denied a constitutional right by not having his good time credits,

which were forfeited when his mandatory supervision was revoked,

restored. We therefore cannot review this issue. S ee La ckey v.

Johnson
, 116 F.3d 149, 151-52 (5th Cir. 1997). Furthermore,

Bohannan’s argument is without merit. S ee Hallmark v. Johnson
, 118

F.3d 1073, 1079-80 (5th Cir.), cert. denied
, 118 S.Ct. 576 (1997).

The district court’s denial of Bohannan’s habeas claims

is AFFIRMED

. The respondent’s motion to amend the appellate record

and Bohannan’s mo tion for injunctive relief pending this court’s

decision on his appeal are DENIED

.
##### 



Exhibit 99.2

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

In connection with the Quarterly Report of AMDL, Inc. (the Company) on Form
10-QSB for the period ended June 30, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Arthur S. Rosten,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §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
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 Company.





| | /s/ Arthur S. Rosten                                   
| | -------------------------------------------------------
| | Arthur S. Rosten
Chief Financial Officer
August 9, 2002
Fourth Court of Appeals

San Antonio, Texas

August 25, 2016

No. 04-15-00552-CR

Jose Carlos LEAL,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2013CR4767

Honorable Mary D. Roman, Judge Presiding

O R D E R

Sitting: Sandee Bryan Marion, Chief Justice 

Karen Angelini, Justice

Marialyn Barnard, Justice 

Rebeca C. Martinez, Justice 

Patricia O. Alvarez, Justice 

Luz Elena D. Chapa, Justice

Jason Pulliam, Justice 

The court has considered the Appellant’s Motion for En Banc reconsideration, and the 

motion is DENIED. 

_________________________________

Sandee Bryan Marion, Chief Justice

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

court on this 25th day of August, 2016.

___________________________________

Keith E. Hottle

Clerk of Court
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 quarterly report of Vasomedical, Inc. and subsidiaries (the “Company”) on Form 10-Q for the period ending February 28, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Jun Ma, as President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:





(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and





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








/s/ Jun Ma.


Jun Ma


President & Chief Executive Officer





Dated:April 14, 2011














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 Vasomedical, Inc. and subsidiaries (the “Company”) on Form 10-Q for the period ending February 28, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Jonathan Newton, as Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:





(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and





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











/s/ Jonathan Newton.


Jonathan Newton


Dated: April 14, 2011                                                                                           Chief Financial Officer
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA *

 * CRIMINAL NO. 07-00415-CG 

v. *

 * 

KINGSLEY LYDELL WRIGHT *

AMENDED PRELIMINARY ORDER OF FORFEITURE

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that pursuant to

Title 21 U.S.C. §853(n)(1) and Federal Rule of Civil Procedure Rule G(4)(a)(iv)(C) in

lieu of newspaper publication, the government may publish notice “by posting notice on

an official internet government forfeiture site for at least 30 consecutive days.” 

All other provisions of the previously entered Preliminary Order of Forfeiture

(Doc.33) shall remain in effect.

DATED this 11th day of March, 2009.

/s/ Callie V. S. Granade

CALLIE V. S. GRANADE

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:07-cr-00415-CG-M Document 51 Filed 03/11/09 Page 1 of 1
<PAGE>   1



                                  EXHIBIT 5.1

August 11, 1998



Venus Exploration, Inc.
1250 N.E. Loop 410, Suite 1000
San Antonio, Texas  78209


Gentlemen:

We have acted as special counsel to Venus Exploration, Inc., a Delaware
corporation (the "Company"), in connection with the preparation of the
Registration Statement on Form S-8 (the "Registration Statement") filed with the
Securities and Exchange Commission under the Securities Act of 1933, as amended,
relating to the registration of 1,500,000 shares of Common Stock, par value
$0.01 per share (the "Common Stock"), of the Company that may be issued pursuant
to the 1997 Incentive Plan of Venus Exploration, Inc. (the "Plan"). The law
covered by the opinions expressed herein is limited to the Federal law of the
United States and the General Corporation Law of the State of Delaware.

In connection therewith, we have examined (i) the Certificate of Incorporation
and the Bylaws of the Company; (ii) minutes and records of the corporate
proceedings of the Company with respect to the adoption of the Plan and the
granting of awards thereunder; and (iii) such other documents as we have deemed
necessary for the expression of the opinion contained herein.

In making the foregoing examination, we have assumed the genuineness of all
signatures and the authenticity of all documents submitted to us as originals,
and the conformity to original documents of all documents submitted to us as
certified or photostatic copies. Furthermore, we have assumed that the exercise
prices of all stock options that may be granted under the Plan will equal or
exceed the par value per share of the Common Stock. As to questions of fact
material to this opinion, where such facts have not been independently
established, and as to the content and form of the Certificate of Incorporation,
Bylaws, minutes, records, resolutions and other documents or writings of the
Company, we have relied, to the extent we deem reasonably appropriate, upon
representations or certificates of officers or directors of the Company and upon
documents, records and instruments furnished to us by the Company, without
independent check or verification of their accuracy.

Based upon the foregoing, and having due regard for such legal considerations as
we deem relevant, we are of the opinion that the 1,500,000 shares of Common
Stock covered


<PAGE>   2
Venus Exploration, Inc.
August 11, 1998
Page 2


by the Registration Statement which may be issued from time to time in
accordance with the terms of the Plan have been duly authorized for issuance by
the Company, and, when so issued in accordance with the terms and conditions of
the Plan and any related option or other applicable agreements, will be validly
issued, fully paid and nonassessable.

We hereby consent to the filing of this opinion with the Securities and Exchange
Commission as an exhibit to the Registration Statement and to the reference to
our firm under the caption, "Item 5. Interests of Named Experts and Counsel" in
the Registration Statement.


Very truly yours,

/s/ HAYNES AND BOONE, LLP

Haynes and Boone, LLP
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
     FINANCIAL STATEMENTS CONTAINED IN THE COMPANY'S FORM 10-QSB FOR THE QUARTER
     ENDED JUNE 30, 1998 AND IS  QUALIFIED  IN ITS ENTIRETY BY REFERENCE TO SUCH
     FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1
<CURRENCY>                           U.S. DOLLAR
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                    SEP-30-1998
<PERIOD-START>                       OCT-01-1997
<PERIOD-END>                         JUN-30-1998
<EXCHANGE-RATE>                                1
<CASH>                                   676,700
<SECURITIES>                                   0
<RECEIVABLES>                            983,277
<ALLOWANCES>                              29,500
<INVENTORY>                              969,556
<CURRENT-ASSETS>                       2,830,248
<PP&E>                                 9,180,275
<DEPRECIATION>                         2,700,746
<TOTAL-ASSETS>                        10,447,686
<CURRENT-LIABILITIES>                  1,371,320
<BONDS>                                2,801,821
<COMMON>                                  70,359
<PREFERRED-MANDATORY>                          0
<PREFERRED>                            2,500,000
<OTHER-SE>                             3,704,186
<TOTAL-LIABILITY-AND-EQUITY>          10,447,686
<SALES>                               11,047,646
<TOTAL-REVENUES>                         117,574
<CGS>                                  7,920,510
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                       2,703,439
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                       280,219
<INCOME-PRETAX>                          261,052
<INCOME-TAX>                               3,500
<INCOME-CONTINUING>                      257,552
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                             257,552
<EPS-PRIMARY>                                .03
<EPS-DILUTED>                                .02
        

</TABLE>