alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUI T

________________________ No. 16

- 17448 Non

- Argument Calendar

________________________ D.C. Docket No. 8:15

- cr - 00090

- SCB

- MAP

- 1 UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus DIANA LOVERA , Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Southern District of Florida

________________________ (July 28, 2017) Before MARCUS , JILL PRYOR and FAY, Circuit Judges.
PER CURIAM : The Government ’ s motion to dismiss this appeal pursuant to the appeal waiver in Lovera’ s plea agreement is GRANTED. See United States v. Bushert , 997 F.2d 1343, 1350

- 51 (11th Cir. 1993) (sentence appeal waiver will be enforced

Case: 16-17448 Date Filed: 07/28/2017 Page: 1 of 22 if it was made knowingly and voluntarily); United States v. Bascomb , 451 F.3d 1292, 1297 (11th Cir. 2006) (appeal waiver “ cannot be vitiated or altered by comments the court makes during sentencing ” ); United States v. Grinard

- Henry , 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appea l includes waiver of the right to appeal difficult or debatable legal issues or even blatant error). Case: 16-17448 Date Filed: 07/28/2017 Page: 2 of 2
Michigan Supreme

Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

, Justices

I, Larry S. Royster, 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.

May 29, 2015 

# Order

May 29 , 2015

150725 ( 215)( 2 16 )

MARKELL VANSLEMBROUCK, Minor, by and

through ERIC BRAVERMAN, Conservator

, Plaintiff

- Appell ee

, and

KIMBERLY A. VANSLEMBROUCK

, Plaintiff,

v

ANDREW JAY HALPERIN, M.D., and WILLIAM

BEAUMONT HOSPITAL

, Defendant s

- Appell ants,

and

MICHIGAN INSTITUTE OF GYNECOLOGY

AND OBSTETRICS, P.C.,

Defendant. SC: 150725

COA: 309680

Oakland CC: 2006

- 074585

- NH

________________________________________/

On order of the Chief Justice, the motion s of plaintiff

- appellee for leave to file

replies to the answers filed by defendants

- appellants and amice curiae McLaren

Healthcare Corporations and Tenet Healthcare in response to the cons olidated motion for

disclosure are GRANTED

. The replies submitted on May 18, 2015, are accepted for

filing.
**Exhibit 3.2**

AMENDMENT NO. 1 

TO THE AMENDED AND RESTATED BYLAWS 

OF 

INTCOMEX, INC.

Adopted by the Board of Directors on April 17, 2011 

Section 2 of Article IV of the Bylaws of Intcomex, Inc. is amended and restated in its entirety as follows: 

“Section 2. Form. Certificates representing shares in the Corporation shall be signed by the Chairman or Vice Chairman of the Board of Directors, the President or a Vice President and theSecretary or an Assistant Secretary and may be sealed with the seal of the Corporation or a facsimile thereof.” 

 
1
#### The People of the State of New York, Respondent, v Lawrence Blankymsee, Appellant.

Submitted August 27, 2012;

decided September 13, 2012

Motion to vacate this Court’s August 10, 2012 preclusion order granted.
II 

111TH CONGRESS 

2D SESSION S. 3593 

To require the Federal Government to pay the costs incurred by a State 

or local government in defending a State or local immigration law that 

survives a constitutional challenge by the Federal Government in Federal 

court. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2010 

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

to the Committee on the Judiciary 

A BILL 

To require the Federal Government to pay the costs incurred 

by a State or local government in defending a State 

or local immigration law that survives a constitutional 

challenge by the Federal Government in Federal court. 

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

3 SECTION 1. PAYMENT OF ATTORNEYS’ FEES AND COURT 

4 COSTS RELATED TO FEDERAL GOVERNMENT 

5 CHALLENGE OF STATE IMMIGRATION LAW. 

6 Notwithstanding any other provision of law, all attor7 neys’ fees and associated court costs incurred by a State 

8 or unit of local government in the course of defending a 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 3593 IS

1 constitutional challenge to a State law or a municipal ordi2 nance regarding immigration that is brought by the Fed3 eral Government in any Federal court shall be paid by the 

4 Federal Government if the court upholds, in whole or in 

5 part, the challenged State law or municipal ordinance. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
---

**EXHIBIT 13.1**

**CERTIFICATION OF**

**CHIEF EXECUTIVE OFFICER**

**PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

I, Rene G. Carrier, President of Quartz Mountain Resources Ltd.
(the Company), hereby 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:

(i) the Annual Report on Form 20-F of
the Company for the fiscal year ended July 31, 2007 (the Annual Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended; and

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

|Date:  | January 29, 2008 | 
|------ | ---------------- | 
|       |                  | 
|       | /s/ Rene Carrier | 
|By:    | Rene G. Carrier  | 
|Title: | President        | 

This written statement is being furnished to the Securities
and Exchange Commission as an exhibit to the Companys Annual Report on Form
20-F. A signed original of this statement 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.

This certification accompanies this Annual Report on Form
20-F pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not,
except to the extent required by such Act, be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the
"Exchange Act"). Such certification will not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933, as amended, or the
Exchange Act, except to the extent that the Company specifically incorporates it
by reference.

---
S04Y1284.

#### IN THE MATTER OF RICHARD W. SUMMERS.

(597 SE2d 364)

Per curiam.

This disciplinary matter is before the Court on the Petition for Voluntary Discipline filed by Respondent Richard W. Summers pursuant to Bar Rule 4-227 (b) (2) prior to the State Bar’s issuance of a Formal Complaint. In his petition, Summers seeks the imposition of a six-month suspension for his admitted violations of Standard 65 (A) of Bar Rule 4-102 (d) and Rule 1.15 (I) of the Georgia Rules of Professional Conduct found at Bar Rule 4-102 (d). Although violations of Standard 65 and Rule 1.15 (I) are punishable by disbarment, the State Bar recommends that this Court accept Summers’ voluntary petition.

In his petition, Summers admits that he received a $25,000 settlement check on behalf of a client which he placed in trust on the client’s behalf. He further admits that he held the check between September 1997 and July 2002 and acknowledges that for periods during this time the balance in his trust account was insufficient to cover his obligation to his client. As a result, he agrees that he violated Standard 65 (A) and Rule 1.15 (I). In mitigation, we note that Summers timely made a good faith effort to rectify the consequences of his misconduct and make the client whole, that he has exhibited a cooperative attitude toward the disciplinary proceedings, and that he is remorseful. As Summers’ request for a six-month suspension is consistent with this Court’s prior decisions, see *In the Matter of Kenneth L. Drucker,*274 Ga. 536 (556 SE2d 129) (2001); *In the Matter of Thomas P. deRosay,*268 Ga. 868 (494 SE2d 339) (1998), we agree *58that it is the appropriate sanction in this matter. Accordingly, we accept Summers’ petition for voluntary discipline and he hereby is suspended from the practice of law in Georgia for a period of six months. He is reminded of his duties under Bar Rule 4-219 (c).

Decided June 7, 2004.

*William P. Smith III, General Counsel State Bar, Jenny K. Mittelman, Assistant General Counsel State Bar,*for State Bar of Georgia.

*James E. Spence, Jr.,*for Summers.

*Six-month suspension.*

*All the Justices concur.*
EX 31.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
            PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Clay Calello, certify that:

     1.  I  have   reviewed  this  annual  report  on  Form  10-KSB  of  Cardiff
International, Inc.

     2. Based on my  knowledge,  this annual  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 annual
report;

     3. Based on my knowledge,  the financial  statements,  and other  financial
information  included  in this annual  report,  fairly  present in all  material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this annual report;

     4. The  registrant's  other  certifying  officers and I are responsible for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

          a) designed  such  disclosure  controls and  procedures to ensure that
     material information relating to the registrant, including its consolidated
     subsidiaries,  is  made  known  to  us by  others  within  those  entities,
     particularly  during  the  period  in which  this  annual  report  is being
     prepared;

          b) evaluated the effectiveness of the registrant's disclosure controls
     and procedures as of a date within 90 days prior to the filing date of this
     annual report (the "Evaluation Date"); and

          c)  presented  in  this  annual  report  our  conclusions   about  the
     effectiveness  of the  disclosure  controls  and  procedures  based  on our
     evaluation as of the Evaluation Date.

     5. The registrant's other certifying  officers and I have disclosed,  based
on our most  recent  evaluation,  to the  registrant's  auditors  and the  audit
committee  of  registrant's  board  of  directors  (or  persons  performing  the
equivalent functions):

          a) all significant deficiencies in the design or operation of internal
     controls which could adversely affect the  registrant's  ability to record,
     process,  summarize and report  financial data and have  identified for the
     registrant's auditors any material weaknesses in internal controls; and

          b) any fraud,  whether or not material,  that  involves  management or
     other employees who have a significant  role in the  registrant's  internal
     controls; and

     6. The registrant's other certifying  officers and I have indicated in this
annual report whether there were significant  changes in internal controls or in
other factors that could  significantly  affect internal controls  subsequent to
the date of our most recent  evaluation,  including any corrective  actions with
regard to significant deficiencies and material weaknesses.

Date:  October 21, 2005


/s/ Clay Calello
Clay Calello
Vice President and Director
July 16, 2015

JUDGMENT

The Fourteenth Court of Appeals

HERBERT LERELLE ELLIS, Appellant

NO. 14-15-00518-CR V.

THE STATE OF TEXAS, Appellee

________________________________

Today the Court heard its own motion to dismiss the appeal from the 

judgment signed by the court below on May 4, 2015. Having considered the 

motion and found it meritorious, we order the appeal DISMISSED.

We further order this decision certified below for observance.
EXHIBIT 32.2
------------



                         SECTION 1350 CERTIFICATION


In connection with the Quarterly Report of Landauer, Inc. (the "Company")
on Form 10-Q for the period ending December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
James M. O'Connell, 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:

      i.    The Report fully complies with the requirements of
            section 13(a) or 15(d) of the Securities Exchange
            Act of 1934; and

      ii.   The information contained in the Report fairly presents,
            in all material respects, the financial condition and
            result of operations of the Company.



                                    /s/ James M. O'Connell
                                    ------------------------------
                                    Chief Financial Officer

February 8, 2005


































[Signed originals of these written statements required by Section 906 have
been provided to Landauer, Inc. and will be retained by Landauer, Inc. and
furnished to the Securities and Exchange Commission or its staff upon
request.]


                                     24
<PAGE>   1
                                                                    Exhibit 23.2


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT

We have issued our report dated January 23, 1998, except for Note 18 as to which
the date is March 15, 1998, on the consolidated financial statements of Beverly
Bancorporation, Inc. and Subsidiaries (not presented separately) as of December
31, 1997 and for each of the two years in the period ended December 31, 1997,
included in the Annual Report on Form 10-K of St. Paul Bancorp, Inc. for the
year ended December 31, 1998. We hereby consent to the incorporation by
reference of the said report in the Registration Statements filed by St. Paul
Bancorp, Inc. on Form S-8(File No. 33-11890 pertaining to the St. Paul Federal
for Savings Profit Sharing and Savings Plan filed on October 29, 1987, File No.
33-55773 pertaining to the St. Paul Bancorp, Inc. Stock Option Plan filed on
October 5, 1994, File No. 33-60609 pertaining to the St. Paul Bancorp, Inc. 1995
Incentive Plan filed on June 27, 1995, File No. 333-31195 pertaining to the St.
Paul Bancorp, Inc. Employee Incentive Plan filed on July 14, 1997, File No.
333-53227 pertaining to the St. Paul Bancorp, Inc. 1995 Incentive Plan, as
amended, filed on May 21, 1998, and File No. 333-58509 pertaining to the Beverly
Bancorporation 1994 Incentive Stock Option Plan and the Beverly Bancorporation
1997 Incentive Stock Option Plan filed on July 6, 1998.)


                                                           /s/GRANT THORNTON LLP

Chicago, Illinois
March 26, 1999



                                       2
<PAGE>
                                                                    EXHIBIT 4.19



                              CERTIFICATE OF TRUST

                                       OF

                           BORGWARNER CAPITAL TRUST I


                  This Certificate of Trust is being executed as of November 16,
2001 for the purpose of creating a business trust pursuant to the Delaware
Business Trust Act, 12 Del. C.ss.ss. 3801 et seq. (the "Act").

                  The undersigned hereby certify as follows:

                  1. Name. The name of the business trust is BorgWarner Capital
Trust I (the "Trust").

                  2. Delaware Trustee. The name and business address of the
Delaware resident trustee of the Trust meeting the requirements of Section 3807
of the Act are as follows:

                           Bank One Delaware, Inc.
                           300 King Street
                           Suite 4014
                           Wilmington, Delaware 19801

                  3. Effective. This Certificate of Trust shall be effective
immediately upon filing in the Office of the Secretary of State of the State of
Delaware.

                  4. Counterparts. This Certificate of Trust may be executed in
one or more counterparts.


<PAGE>


                  IN WITNESS WHEREOF, the undersigned, being all of the trustees
of the Trust, have duly executed this Certificate of Trust as of the day and
year first above written.

                                         BANK ONE DELAWARE, INC.,
                                         as Delaware Trustee



                                         By: /s/ MARLA S. ROTH
                                             -----------------------------------
                                             Name: Marla S. Roth
                                             Title: Vice President


                                         /s/ JEFFREY L. OBERMAYER
                                         ---------------------------------------
                                         Jeffrey L. Obermayer, as Trustee


                                         /s/ MARGARET E. ANNETT
                                         ---------------------------------------
                                         Margaret E. Annett, as Trustee


                                         /s/ DENNIS KROL
                                         ---------------------------------------
                                         Dennis Krol, as Trustee



                                      -2-
#### Ron Jebran et al., Appellants, v LaSalle Business Credit, LLC, Respondent.

[824 NYS2d 224]

Appeal from order, Supreme Court, New York County (Helen E. Freedman, J.), entered on or about January 17, 2006, which denied plaintiffs’ motion to file a second amended complaint, and granted defendant’s motion to dismiss the complaint, deemed to be appeal from judgment, same court and Justice, entered January 18, 2006, dismissing the complaint, and so considered, said judgment unanimously affirmed, with costs.

Flaintiffs’ motion to amend was not supported by an affidavit of merit from a person with knowledge, nor was the cause of action for fraud pleaded in sufficient detail (CFLR 3016 [b]). Even assuming that the affirmation by their counsel was sufficient, plaintiffs, who had no fiduciary or special relationship with defendant, could not establish a cause of action for aiding and abetting fraud, since they failed to allege any communications with defendant, let alone that defendant had made any misrepresentations, or had any duty to disclose the same *(National Westminster Bank v Weksel,*124 AD2d 144 [1987], *lv denied*70 NY2d 604 [1987]).

Flaintiffs allege simply that defendant remained silent regarding a purported misrepresentation in a loan agreement between plaintiffs and defendant’s borrower, which is insufficient to sustain a claim for aiding and abetting unless the defendant owes an independent duty to the plaintiff *(Albion Alliance Mezzanine Fund, L.P v State St. Bank & Trust Co.,*8 Misc 3d 264, 271 [2003], *affd*2 AD3d 162 [2003]). Even assuming that there was a misrepresentation in the loan agreement and that defen*425dant was responsible for it, plaintiffs cannot demonstrate the requisite reasonable reliance to support a fraud claim based on a provision contained in the loan agreement in which they acknowledged that they had all of the information necessary to make an informed transaction with respect to the loan *(Permasteelisa, S.p.A. v Lincolnshire Mgt., Inc.,*16 AD3d 352 [2005]).

Since New York does not recognize a substantive tort of conspiracy and plaintiffs have not properly pleaded any other causes of action, the action was properly dismissed *(Agostini v Sobol,*304 AD2d 395 [2003]). Concur—Tom, J.P., Marlow, Sullivan, McGuire and Malone, JJ.
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-14-00431-CR

Raul Resendez Herrera

v.

The State of Texas

§

§

§

§

§

From Criminal District Court No. 3

of Tarrant County (1322964D)

April 14, 2016

Opinion by Justice Walker

(nfp)

JUDGMENT ON REHEARING

After reviewing the State’s motion for rehearing, we grant the motion. We 

withdraw our February 18, 2016 opinion and judgment and substitute the 

following.

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed, and we lift the stay previously ordered by this court on 

March 11, 2016.

SECOND DISTRICT COURT OF APPEALS 

By _/s/ Sue Walker____________________

 Justice Sue Walker
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350**

 

In connection with the Quarterly Report ofBuckeye GP Holdings L.P. (“BGH”) on Form 10-Q for the period ended September 30,2009 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I,Forrest E. Wylie, Chief Executive Officer ofMainLine Management LLC, the general partner of BGH, hereby certify, to myknowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

 

(1)           The Report fully complies with therequirements of Section 13(a) of the Securities Exchange Act of 1934,as amended; and

 

(2)           The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of BGH.

 

 
|                         | MAINLINE  MANAGEMENT LLC, as general partner of BGH |
|------------------------------|-----------------------------------------------------|
|                         |                                                |
| Date:  November 3, 2009 | /s/ FOREST E.  WYLIE                                |
|                         | Forrest E. Wylie                                    |
|                         | *Chief  Executive Officer*                          |

 

----
#### In the Matter of Norse Energy Corp. USA, Appellant, v Town of Dryden et al., Respondents. Dryden Resources Awareness Coalition, Proposed Intervenor.

Submitted June 24, 2013;

decided August 29, 2013

Motion by the Associated General Contractors of New York State, LLC, 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.
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 Intcomex, Inc. (the Company) on Form 10-Q for the period
ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Anthony S. Shalom, Chief Executive Officer of Intcomex, Inc., 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:



| | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange
| | --- | ----------------------------------------------------------------------------------------------------



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

Date: December 22, 2006



/s/ Anthony ShalomAnthony ShalomChief Executive Officer (Chairman of the Board of
Directors)


The certification set forth above is being furnished as an exhibit solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 and is not being filed as part of the Quarterly Report on Form 10-Q for the period ended September 30, 2006, or as a separate disclosure documents of we or the certifying officers.