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

for the Fifth Circuit

No. 22-10463

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Jose Salazar-Sanchez, 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:21-CR-169-1

Before Smith, Dennis, and Southwick, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Jose SalazarSanchez has moved for leave to withdraw and has filed a brief in accordance 

with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 

F.3d 229 (5th Cir. 2011). Salazar-Sanchez has not filed a response. We have 

reviewed counsel’s brief and the relevant portions of the record reflected 

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

December 8, 2022

Lyle W. Cayce

Clerk

Case: 22-10463 Document: 00516571797 Page: 1 Date Filed: 12/08/2022
No. 22-10463

2

therein. We concur with counsel’s assessment that the appeal presents no 

nonfrivolous issue for appellate review. 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. 

However, we note that, although Salazar-Sanchez pled guilty to an 

offense under 21 U.S.C. § 841, the written judgment incorrectly cites

21 U.S.C. § 846. Accordingly, we REMAND for correction of the clerical 

error in the written judgment in accordance with Federal Rule of Criminal 

Procedure 36. See United States v. Cooper, 979 F.3d 1084, 1088-89 (5th 

Cir. 2020). 

Case: 22-10463 Document: 00516571797 Page: 2 Date Filed: 12/08/2022
<TABLE> <S> <C>

<ARTICLE>         5

<S>                                                  <C>
<PERIOD-TYPE>                                             12-MOS
<FISCAL-YEAR-END>                                         MAR-31-1999
<PERIOD-END>                                              MAR-31-1999
<CASH>                                                             8,996
<SECURITIES>                                                           0
<RECEIVABLES>                                                  1,238,155
<ALLOWANCES>                                                           0
<INVENTORY>                                                    4,569,328
<CURRENT-ASSETS>                                               5,816,479
<PP&E>                                                         2,149,492
<DEPRECIATION>                                                 (270,371)
<TOTAL-ASSETS>                                                37,444,932
<CURRENT-LIABILITIES>                                            779,606
<BONDS>                                                                0
<PREFERRED-MANDATORY>                                                  0
<PREFERRED>                                                       30,000
<COMMON>                                                         883,509
<OTHER-SE>                                                    35,328,067
<TOTAL-LIABILITY-AND-EQUITY>                                  37,444,932
<SALES>                                                        3,492,407
<TOTAL-REVENUES>                                               3,492,407
<CGS>                                                          3,228,382
<TOTAL-COSTS>                                                  3,228,382
<OTHER-EXPENSES>                                               1,407,538
<LOSS-PROVISION>                                                       0
<INTEREST-EXPENSE>                                                 50284
<INCOME-PRETAX>                                              (1,193,797)
<INCOME-TAX>                                                           0
<INCOME-CONTINUING>                                          (1,193,797)
<DISCONTINUED>                                                         0
<EXTRAORDINARY>                                                        0
<CHANGES>                                                              0
<NET-INCOME>                                                 (1,193,797)
<EPS-BASIC>                                                    (0.011)
<EPS-DILUTED>                                                    (0.011)


</TABLE>
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 239 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
H. RES. 239

Amending the Rules of the House of Representatives to remove the motion 
                              to recommit.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2019

Mr. Richmond submitted the following resolution; which was referred to 
                         the Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
Amending the Rules of the House of Representatives to remove the motion 
                              to recommit.

    Resolved, That rule XIX of the Rules of the House of 
Representatives is amended by striking clause 2 (providing for the 
motion to recommit) and by redesignating clauses 3 and 4 as clauses 2 
and 3, respectively.
                                 <all>
```
[980 NE2d 527, 956 NYS2d 478]

#### The People of the State of New York, Appellant, v James A. Harris, Jr., Respondent.

Decided November 27, 2012

*913APPEARANCES OF COUNSEL

*Francis D. Phillips, II, District Attorney,*Middletown *(Andrew R. Kass*of counsel), for appellant.

*Warren S. Hecht,*Forest Hills, for respondent.

*914OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed. There is support in the record for the Appellate Division’s determination that defendant unequivocally invoked his right to counsel while in custody, and that mixed question of law and fact is beyond our further review. We agree with the Appellate Division that the hearing court’s error in failing to suppress defendant’s statements was not harmless beyond a reasonable doubt and that defendant is entitled to a new trial.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott.
EXHIBIT 32.2  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350   I, Cynthia A. Van Horn, Chief Financial Officer and Treasurer of Blue Ridge Real Estate Company and Big Boulder Corporation (together, the “Registrants”), certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:  (1) The Registrants’ Annual report on Form 10-K/A for the period ended October 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (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 Registrants.  Date:  December 18, 2012 /s/ Cynthia A. Van Horn Cynthia A. Van Horn Chief Financial Officer and Treasurer (Principal Financial Officer)
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

Assigned on Briefs February 03, 2015

PHILANDER BUTLER v. STATE OF TENNESSEE

Appeal from the Criminal Court for Shelby County

No. 8808249, 9004544, 9006943 James M. Lammey, Judge

No. W2014-01366-CCA-R3-CO - Filed July 14, 2015

___________________________

CAMILLE R. MCMULLEN, J., dissenting.

For reasons stated in State v. Kevin M. Thompson, No. E2014-01358-CCA-R3-

CD, 2015 WL 1548852 (Tenn. Crim. App. Apr. 1, 2015), and State v. Sean Blake, No. 

W2014-00856-CCA-R3-CO, 2015 WL 112801 (Tenn. Crim. App. Jan. 8, 2015), I would 

remand this matter to the trial court for appointment of counsel if the Defendant is 

indigent and an evidentiary hearing pursuant to Tennessee Rule of Criminal Procedure 

36.1. Accordingly, I respectfully dissent. 

_________________________________

CAMILLE R. MCMULLEN, JUDGE
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       2,799,777
<SECURITIES>                                         0
<RECEIVABLES>                                  230,482
<ALLOWANCES>                                         0
<INVENTORY>                                    221,210
<CURRENT-ASSETS>                             3,745,596
<PP&E>                                      50,774,929
<DEPRECIATION>                              30,977,716
<TOTAL-ASSETS>                              23,579,606
<CURRENT-LIABILITIES>                        2,036,925
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,992,014
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                23,579,606
<SALES>                                     18,655,995
<TOTAL-REVENUES>                            18,655,995
<CGS>                                                0
<TOTAL-COSTS>                               17,230,808
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             818,994
<INCOME-PRETAX>                                737,590
<INCOME-TAX>                                   342,997
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   394,593
<EPS-PRIMARY>                                      .20
<EPS-DILUTED>                                      .20
        

</TABLE>
**Exhibit
      99.4**








CERTIFICATE
      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 (the “Report”) on the Form 10-QSB/A of
          Loma Verde Inc. (the “Company”) for the six months ended March
          31, 2006, as filed with the Securities and Exchange Commission on the date
          hereof, I, Virgilio Santana, Chief Accounting Officer, Chief Financial
          Officer
          and Director, 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 and belief:


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





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





September
          1, 2006


VIRGILIO
      SANTANA


Virgilio
      Santana


Chief
      Accounting Officer, Chief


Financial
      Officer and Director












-1-
# Science Education

The National Institute of Mental Health (NIMH) creates and shares resources to help teach kids about mental health and the brain. NIMH staff also participate in outreach events and activities to promote neuroscience and STEM (science, technology, engineering, and math) education for elementary, middle, and high school students in the Washington, D.C., area.

## Email Updates

Sign up to receive the Discover NIMH newsletter with free education and outreach materials.

Type email address...  

----

##### Resources for Students and Educators

Watch, download, and order a variety of videos, coloring books, and hands-on quizzes and activities to use at home or in the classroom to educate kids about various topics related to mental health. 

Find additional educational resources about mental health and other topics on NIH’s STEM Teaching Resources website. **

----

##### Digital Shareables on Mental Health

We offer free digital shareables to educate kids and your community about the brain and mental health.

----

##### Brain Awareness Week

Brain Awareness Week is a global campaign to foster public enthusiasm and support for brain science. During the week, NIMH highlights facts and resources about the brain on its social media channels.

----

##### Women Leading Mental Health Research

NIMH’s Women Leading Mental Health Research webpage highlights women who are early-career scientists conducting NIMH-funded research that advances our mission of transforming the understanding and treatment of mental illnesses. Learn why their work is important and read their advice for young girls and women interested in pursuing a career in mental health research.
#### Cooperstown Holstein Corporation, Appellant, v Town of Middlefield, Respondent.

Submitted July 1, 2013;

decided August 29, 2013

*1037Motion by the American Petroleum Institute et al. for leave to file a brief amici curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6020

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. WILLIAM JAMES LOWERY, III, Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., Senior District Judge. (8:05-cr-00524-HMH-3; 8:08-cv-70040-HMH)

Submitted: July 28, 2009 Decided: August 12, 2009

Before NIEMEYER, KING, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William James Lowery, III, Appellant Pro Se. Regan Alexandra Pendleton, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.PER CURIAM: William James Lowery, III, seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district

court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000);

Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Lowery has not made the requisite showing. * Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal

* Although the district court reviewed the speedy trial claim under the Sixth Amendment instead of under the Speedy Trial Act, 18 U.S.C. § 3161 (2006), there was no ineffective assistance of counsel related to the speedy trial claim under the Act, as Lowery claimed.

23 contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
N OTE : This disposition is nonprecedential. 

# United States Court of Appeals **for the Federal Circuit**

______________________
RICHARD T. BOWEN, Petitioner,

v.

DEPARTMENT OF THE NAVY, Respondent.

____________________

2010-3065

______________________ Appeal from the Merit Systems Protection Board in No. SF0752090040-I-2.

______________________
JUDGMENT

______________________

A LI M. S ACHANI , Attorney at Law, Chatsworth, California, argued for petitioner.

A LLISON K IDD -M ILLER , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were T ONY W EST , Assistant Attorney General, J EANNE E. D AVIDSON , Director, and R EGINALD T. B LADES , J R ., Assistant Director. Of counsel on the brief was B RENDA V OSGUANIAN , United States Department of the Navy, of Port Hueneme, California.

______________________

T HIS C AUSE having been heard and considered, it is

O RDERED and A DJUDGED :P ER C URIAM (L OURIE , L INN , and M OORE , Circuit Judges ).

AFFIRMED. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

November 8, 2010

_ /s/ Jan Horbaly

______________ Date Jan Horbaly Clerk
(October 24, 2006)

#### The People of the State of New York, Respondent, v James Wilson, Appellant.

[823 NYS2d 41]

Order, Supreme Court, New York County (Ruth L. Sussman, *489J.), entered on or about April 12, 2005, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Except as noted, the People met their burden of establishing various risk factors bearing a sufficient total point score to support a level three sex offender adjudication. We agree with defendant that the People failed to present clear and convincing evidence that he received regular parole supervision. Accordingly, the court should not have assessed five points for that category. Even without those five points, defendant is left with more than enough points for a level three classification. We reject defendant’s arguments concerning other risk factors at issue. The court also correctly declined to reduce defendant’s status to level two because the factors that he alleged to demonstrate his lower risk of committing another sexual offense did not establish a special circumstance warranting a downward departure *(see People v Guaman,*8 AD3d 545 [2004]).

Defendant’s challenge to the choice of risk factors made by the Legislature and the Board of Examiners of Sex Offenders *(see*Correction Law § 168-Z [5]) is unavailing *(see People v Joe,*26 AD3d 300 [2006], *lv denied*7 NY3d 703 [2006]; *see also People v Bligen,*33 AD3d 489 [2006] [decided herewith]). We have considered and rejected defendant’s remaining claims. Concur—Buckley, PJ., Saxe, Williams, Sweeny and Malone, JJ.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 1669

BRENDA COLEMAN GILLIS , Debtor

- Appellant ,

v. SUZANNE WADE , Trustee

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. John A. Gibney, Jr., District Judge. ( 3:20

- cv
- 00244

- JAG )

Submitted : October 22, 2020 Decided: October 26, 2020

Before WYNN, FLOYD, and THACKER , Circuit Judges.

Dismissed by un published per curiam opinion

.

Brenda Coleman Gillis , Appellant Pro Se

.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Brenda Coleman Gillis appeals the district court’s order denying her leave to proceed in forma pauperis in her appeal from the bankruptcy court’s order in the underlying Chapter 13 proceeding. We have reviewed the record and find no reversible error. Accordingly, we deny leave to proceed in forma pauperis and we dismiss the appeal for the reasons stated by the district court. Gillis v. Wade , No. 3:20

- cv
- 00244

- JAG ( E.D. Va. May 11, 2020) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
----

Exhibit 32.2

CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350) 

In connection with the Quarterly Report of mPhase Technologies, Inc., a NewJersey corporation (the "Company"), on Form 10Q/A for the quarter ended September30, 2009, as filed with the Securities and Exchange Commission (the "Report"),I, Martin S Smiley, Chief Financial Officer of the Company certify, pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that tohis knowledge: 

1. 

The Report fully complies withthe requirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and 

2. 

The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company. 

/s/ Martin S. Smiley                Martin S.SmileyChief Financial Officer 

April 16, 2010

----
Smith Barney Futures Management LLC
                                    388 Greenwich Street, 7th Floor
                                     New York, New York 10013-2396



June 11, 2002



John W. Henry & Company, Inc.
301 Yamato Road, Suite 2200
Boca Raton, Fl. 33431-4931

Attn: Mr. Ken Webster

         Re:      Management Agreement Renewals

Dear Mr. Webster:

     We are writing with respect to your  management  agreements  concerning the
commodity pools to which reference is made below (the "Management  Agreements").
We are extending the term of the Management Agreements through June 30, 2003 and
all other provisions of the Management Agreements will remain unchanged.

o        Shearson Mid-West Futures Fund
o        Shearson Lehman Select Advisors Futures Fund L.P.
o        JWH Strategic Allocation Master FD LLC
o        Smith Barney Mid-West Futures Fund L.P. II
o        Smith Barney Westport Futures Fund L.P.
o        Hutton Investors Futures Fund, L.P. II  (HIFF II)
o        AURORA 2001

    Please acknowledge receipt of this modification by signing one copy of this
letter and returning it to the attention of Mr. Daniel  McAuliffe at the address
above or fax to  212-723-8985.  If you have any  questions  I can be  reached at
212-723-5435.

Very truly yours,

SMITH BARNEY FUTURES MANAGEMENT LLC



By:      /s/ Daniel R. McAuliffe, Jr
        -----------------------------
         Daniel R. McAuliffe, Jr.
         Chief Financial Officer & Director

AGREED AND ACCEPTED
JOHN W. HENRY & COMPANY, INC.

By:    /s/ Ken Webster
      -----------------------------

Print Name: Ken Webster
      -----------------------------
       Chief Financial Officer
DRMcA/sr
Fourth Court of Appeals

San Antonio, Texas

January 19, 2018

No. 04-17-00035-CV

Robert MEDINA and Christina Medina,

Appellants

v.

Timothy K. BOWERS,

Appellee

From the 150th Judicial District Court, Bexar County, Texas

Trial Court No. 2013-CI-11752

Honorable Michael E. Mery, Judge Presiding

O R D E R

The appellants’ motion for extension of time to file reply brief is hereby GRANTED. 

Time is extended to February 11, 2018.

_________________________________

Irene Rios, Justice

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

court on this 19th day of January, 2018.

___________________________________

KEITH E. HOTTLE,

Clerk of Court