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

For the Seventh Circuit
Chicago, Illinois 60604

July 16, 2010

Before

RICHARD D. CUDAHY, Circuit Judge

MICHAEL S. KANNE, Circuit Judge

JOHN W. DARRAH, District Judge *

SUGANTHAN PATHMAKANTHAN,

Petitioner

,

Nos. 08

‐ 1644 & 08

‐ 3777 v.

ERIC H. HOLDER, JR., Attorney General of the United States,
Respondent

. Petition for Review of an Order of the

Board of Immigration Appeals.

No. A099

‐ 031

‐ 921

O R D E R

The slip opinion issued in the above

‐ entitled cause on July 16, 2010, is amended as

follows:

On page 1, the caption should reflect the proper party designations as Petitioner and Respondent

.

__________

* Honorable John W. Darrah, United States District Judge for the Northern District of Illinois, is sitting by
designation.
#### UNITED STATES of America, Plaintiff-Appellee v. Rodrigo MENDOZA, Defendant-Appellant.

No. 08-41013

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 22, 2009.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal, Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Rodrigo Mendoza has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Mendoza has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 20 22

- 4188

_____________________________
N ORMAN H. G. S MITH , Appellant,

v.

S TATE O F F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County

. John F. Simon
, Jr., Judge

. February 26, 2024

P ER C URIAM

.
A FFIRMED

. O STERHAUS , C.J., and R OBERTS and M.K. T HOMAS , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Norman H. G. Smith, pro se
, Appellant.

Ashley Moody, Attorney General, and Daren L. Shippy, Assistant Attorney General, Tallahassee
, for Appellee.
**Exhibit 32.2**

**Certification of Chief Financial Officer Required by Rule 13a-4(b)and Section 1350 of Chapter 63 of Title 18 of the United States Code**

            I, J. Reid Porter, the Chief Financial Officer of IMC Global Inc., certify that (i) the Quarterly Report on Form 10-Q for the Quarterly Period ended June 30, 2003 of IMC Global Inc. fullycomplies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information contained in such report fairly presents, in all material respects, the financial condition and results of operations of IMC Global Inc.

             J. Reid Porter            J. Reid Porter

August 12, 2003

 

*Return to IMC Global Inc. Form10-Q*
II 

111TH CONGRESS 

1ST SESSION S. 2492 

To extend and modify the temporary suspension of duty on certain sector 

mold press machines. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mr. GRAHAM introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend and modify the temporary suspension of duty 

on certain sector mold press machines. 

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

3 SECTION 1. CERTAIN SECTOR MOLD PRESS MACHINES. 

4 (a) IN GENERAL.—Heading 9902.84.89 of the Har5 monized Tariff Schedule of the United States (relating to 

6 certain sector mold press machines) is amended— 

7 (1) by striking the article description and in8 serting the following: ‘‘Sector mold press machines, 

9 numerically controlled, the foregoing to be used in 

10 production of radial tires designed for off-the-highVerDate Nov 24 2008 22:39 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2492.IS S2492

jlentini on DSKJ8SOYB1PROD with BILLS
2 

•S 2492 IS

1 way use with a rim measuring 63.5 cm or more in 

2 diameter (provided for in subheading 4011.20.10, 

3 4011.61.00, 4011.63.00, 4011.69.00, 4011.92.00, 

4 4011.94.40, or 4011.99.45), and parts thereof (pro5 vided for in subheading 8477.51.00 or 8477.90.85)’’; 

6 and 

7 (2) by striking ‘‘12/31/2009’’ and inserting 

8 ‘‘12/31/2011’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) apply to goods entered, or withdrawn from 

11 warehouse for consumption, on or after the 15th day after 

12 the date of the enactment of this Act. 

Æ 


jlentini on DSKJ8SOYB1PROD with BILLS
<PAGE>
 
                                 EXHIBIT 23.1
                                 ------------

                    Consent of Certified Public Accountants

Re:  Registration Statement on Form S-8 (No. 33-54986) 
     Registration Statement on Form S-8 (No. 33-54988) 
     Registration Statement on Form S-8 (No. 33-54990) 
     Registration Statement on Form S-8 (No. 33-73350) 
     Registration Statement on Form S-8 (No. 33-22423)  

     We consent to incorporation by reference in the registration statements 
referenced above of BREED Technologies, Inc. of our report dated July 25, 1997
relating to the combined and consolidated statements of earnings, retained 
earnings, and cash flows of the Momo Group as of and for the year ended June 30,
1997 which report appears in the amended June 30, 1997 annual report on Form 
10-K/A of BREED Technologies, Inc.


/s/ KPMG Peat Marwick, LLP
KPMG Peat Marwick, LLP
Tampa, Florida
September__, 1998
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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 Annual Report of Thornburg Mortgage, Inc. (the Company) on Form 10-K/A for the
year ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Clarence G. Simmons, III, Senior Executive Vice President and 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:



|(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/ Clarence G. Simmons, III                                                                      
|Clarence G. Simmons, III Senior Executive
Vice President and Chief Financial Officer March 9, 2008



1
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-10531

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

EMILIO GARZA,

Defendant-Appellant

Appeals from the United States District Court

for the Northern District of Texas

USDC No. 4:16-CR-261-1

Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.

PER CURIAM:*

Emilio Garza appeals the 188-month sentence imposed following his 

guilty plea conviction for being a felon in possession of a firearm. He contends 

that our recent decision in United States v. Herrold, 883 F.3d 517 (5th Cir. 

2018) (en banc), petition for cert. filed (Apr. 18, 2018) (No. 17-1445), supports 

his argument that his prior Texas burglary convictions do not support an 

enhancement under the Armed Career Criminal Act (ACCA). 

 

* 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

November 21, 2018

Lyle W. Cayce

Clerk

 Case: 17-10531 Document: 00514732519 Page: 1 Date Filed: 11/21/2018
No. 17-10531

2

This court reviews preserved objections to the application of an ACCA 

enhancement de novo, see United States v. McGee, 460 F.3d 667, 668 (5th Cir. 

2006), applying the law in effect at the time that it renders a decision, see

Henderson v. United States, 568 U.S. 266, 271, 279 (2013). We held in Herrold

that, in light of Mathis v. United States, 136 S. Ct. 2243 (2016), a conviction 

under Texas Penal Code § 30.02(a) cannot serve as an ACCA predicate offense 

because the statute is indivisible and sets forth offenses broader then the 

generic definition of burglary. See Herrold, 883 F.3d at 537. Thus, the district 

court erred in applying the ACCA enhancement to Garza’s sentence based on 

his Texas burglary convictions. See id. The Government acknowledges this 

error and makes no attempt to argue that the error was harmless. Accordingly, 

the judgment is VACATED and the case is REMANDED for resentencing. 

 Case: 17-10531 Document: 00514732519 Page: 2 Date Filed: 11/21/2018
Exhibit 32.3

 

**CERTIFICATION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER**

 

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Books-A-Million, Inc. (the “Company”) hereby certifies, to the best of such officer’s knowledge, that:

 

 (i)          the accompanying Annual Report on Form 10-K of the Company for the fiscal year ended February 2, 2008 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

 

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

 

|   | Dated:  April 14, 2008 | /s/ Sandra B. Cochran   |
|--------|------------------------|-----------------------------------|

|   | Sandra B. Cochran |
|--------|-------------------|

|   | President and Chief Executive Officer |
|--------|---------------------------------------|
EXHIBIT 32.2

Certification Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002
(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), I, William D.
Hibbetts, Senior Vice President and Chief Financial Officer of Pioneer Drilling Company, a Texas corporation (the "Company"), hereby certify, to my knowledge, that:



|Dated: February 7, 2005 | /s/WILLIAM D. HIBBETTSWilliam D. Hibbetts Senior Vice President and Chief Financial
Officer
|----------------------- | -------------------------------------------------------------------------------------------

---



QuickLinks
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-2285 

ANDREA G. BRIGGS,

Plaintiff - Appellant,

versus

ELEVATOR CONTROL CORPORATION, a/k/a Elcon

Enterprises, Incorporated; GORDON R. ENGLAND,

Secretary of the Navy,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Catherine C. Blake, District Judge. (CA05-1185-CCB)

Submitted: May 18, 2006 Decided: May 25, 2006

Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Andrea G. Briggs, Appellant Pro Se. James A. Frederick, Assistant

United States Attorney, Baltimore, Maryland; Daniel Leonard Shea,

BRAULT, GRAHAM, SCOTT & BRAULT, Rockville, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Andrea G. Briggs appeals from the district court’s order

denying relief in her civil action. We have reviewed the record

and find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. See Briggs v. Elcon Enters.,

No. CA-05-1185-CCB (D. Md. Oct. 19, 2005). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

AFFIRMED
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
periodic report of Dynacq Healthcare, Inc. (the Company) on Form 10-K for the year ended August 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Chiu M. Chan, President
and Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of 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 Company.



|                         |  |                                      
|------------------------ |  | -------------------------------------
|Dated: November 19, 2010 |  | /s/ Chiu M. Chan                     
|                         |  | Chiu M. Chan                         
|                         |  | President and Chief Executive Officer
|                         |  | Dynacq Healthcare, Inc.
<PAGE>

                                                                    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

I, Randall L. Herrel, Sr., in my capacity as Chairman, President and Chief
Executive Officer of Ashworth, Inc. (the "Registrant"), do hereby certify in
accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

      1. the Quarterly Report of the Registrant, on Form 10-Q for the quarter
ended January 31, 2005 (the "Report"), to which this certification is attached
as an exhibit fully complies with the requirements of Section 13(a) or Section
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.

Dated: March 11, 2005            /s/Randall L. Herrel, Sr.
                                 Randall L. Herrel, Sr.,
                                 Chairman, President and Chief Executive Officer
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 Berkeley Technology Limited on Form
10-K for the year ended December 31, 2006 as filed with the U.S.  Securities and
Exchange Commission (the "Report"),  I, Arthur I. Trueger, as Executive Chairman
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:  March 23, 2007                            By:    /s/  Arthur I. Trueger
                                                        Arthur I. Trueger
                                                        Executive Chairman
**Exhibit31.1**

** **

**CERTIFICATION**

 

I, Neil Leibman, Chief Executive Officer ofGexa Corp., certify that:

 

1.             I have reviewed this quarterly report on Form 10-Q ofGexa Corp.;

 

2.             Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport;

 

3.             Based on my knowledge, the financial statements, andother financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;

 

4.             The registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:

 

(a)           Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

 

(b)           Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures as of the end of theperiod covered by this report based on such evaluation; and

 

(c)           Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during the registrant’smost recent fiscal quarter that has materially affected, or is reasonablylikely to materially effect, the registrant’s internal control over financialreporting; and

 

5.             The registrant’s other certifying officers and I havedisclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalentfunctions):

 

(a)           All significant deficiencies and material weaknesses inthe design or operation of controls over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and

 

(b)           Any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’s internalcontrol over financial reporting.

 
| /s/ Neil Leibman        |   |
|-------------------------|--------|
| Neil Leibman            |
| Chief Executive Officer |
| Dated: May 21, 2004     |

 

1

----
#### Jennifer D. Martino, Respondent, v Michael A. Stolzman, Respondent, and Michael Oliver et al., Appellants. (Action No. 1.) Judith A. Rost, Respondent, v Michael A. Stolzman et al., Respondents, and Michael Oliver et al., Appellants. (Action No. 2.)

Decided October 26, 2010

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that the order appealed from does not finally determine the actions within the meaning of the Constitution.
**EXHIBIT 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in theRegistration Statements No. 333-83676 and 333-83682 on Form S-8 of our reports dated March 8, 2006, relating to the financial statements and financial statements schedule of ManTech International Corporation, and management’s report on theeffectiveness of internal control over financial reporting, appearing in the Annual Report on Form 10-K of ManTech International Corporation for the year ended December 31, 2005. 

/s/    DELOITTE & TOUCHE LLP 

McLean, Virginia 

March 8, 2006
No. 499.

#### Memphis Natural Gas Co. *v.*Beeler, Attorney General of Tennessee, et al.

See *ante,*p. 649.
## Contact Information

Bethesda MD20892

twann.carter-hudson@nih.gov

July 2022

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