alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-40117

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN PABLO CONTRERAS,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-95-CR-175-1

- - - - - - - - - -

August 21, 1996

Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Juan Pablo Contreras has appealed his convictions for

conspiracy to possess with intent to distribute marijuana and for

possession of marijuana with intent to distribute. Based upon a

careful review of the evidence, we hold that a rational juror

could have convicted Contreras of these crimes based upon the

evidence presented at the trial. See United States v.
No. 96-40117

- 2 -

Rodriguez-Mireles, 896 F.2d 890, 893 (5th Cir. 1990). 

AFFIRMED.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 41383 Conference Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. JOEL TORRES

- SALAS , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:14

- CR

- 379

- 1

Before DAVIS , JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Joel Torres

- Salas raises an argument that is foreclosed by United States v. Teran

- Salas , 767 F.3d 453, 458

- 62 (5th Cir. 2014), cert. denied , 135 S. Ct. 1892 (2015)

. In Teran

- Salas , we determined that the appellan t was not entitled to relief based merely on the existence of a theoretical possibility that the defendant could be convicted under Texas Health & Safety Code § 481.112(a) for conduct that would not

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 1 6 , 2015 Lyle W. Cayce Clerk Case: 14-41383 Document: 00513080099 Page: 1 Date Filed: 06/16/2015No. 14

- 41383

2 qualify as a federal drug trafficking offense. See Teran

- Salas , 767 F.3d at 458. Torres

- Salas has not demonstrated “a realistic probability that Texas would prosecute under an ‘administering’ theory in a way that does not also constitute either ‘dispensing’ or ‘distributing’ under the federal sentencing guidel ines.” Id. at 461

- 62. Torres

- Salas also raises an argument that is foreclosed by our holding in United States v. Martinez

- Lugo , 782 F.3d 198, 204

- 05 (5th Cir. 2015) , that an enhancement under § 2L1.2(b)(1)(A)(i) for a prior conviction of a drug trafficking offense is warranted regardless whether a conviction for the prior offense required proof of remuneration or commercial activity. A ccordingly, the Government’s unopposed motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. Case: 14-41383 Document: 00513080099 Page: 2 Date Filed: 06/16/2015
EXHIBIT 23(b)




                       CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in Registration Statements (Form
S-8, Nos. 33-17196, 33-44822, 33-44877, 33-44876, 33-22459, 33-38491,
33-54075, 33-54079, 33-54077, 333-47833, 333-28273 and Form S-3, No.
33-6001) pertaining to various stock option and employee savings plans of
Wellman, Inc. of our report dated 29 January 1998, with respect to the
consolidated financial statements of Wellman International Limited and
Subsidiaries at 31 December 1997 and 1996 and for each of the three years in
the period ended 31 December 1997, included  in this Annual Report (Form
10-K) of Wellman, Inc.






KPMG
Chartered Accountants
Registered Auditors



Dublin, Ireland

23 March 1998
**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 Renaissance Acquisition Corp. (the “Company”) on Form 10-Q for the quarter ended September 30, 2008, as filed with the Securities and Exchange Commission (the “Report”), I, Barry W. Florescue, Chief Executive 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 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. |
|                          |   |                                                                                                                                                 |
| Date:  November 13, 2008 |   |
|                          |   |
|                          |   |
|                          |   | /s/ Barry W. Florescue                                                                                                                               |
|                          |   | Barry W. Florescue                                                                                                                                   |
|                          |   | Chief Executive Officer                                                                                                                              |
|                          |   | (and principal financial and accounting officer)                                                                                                     |
|                          |   |
|                               |        |                                                                                                                                                      |  |  |

 

----
**EXHIBIT 32.2**

**CERTIFICATIONPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT**

August 11, 2006

U. S. Securities and Exchange Commission450 Fifth Street, N. W.Washington, D.C. 20549

Ladies and Gentlemen:

The certification set forth below is being submitted tothe Securities and Exchange Commission solely for the purpose of complying withSection 1350 of Chapter 63 of Title 18 of the United States Code. Thiscertification is not to be deemed to be filed pursuant to the SecuritiesExchange Act of 1934 and does not constitute a part of the Quarterly Report on Form 10-Q(the “Report”) accompanying this letter and is not to be incorporated byreference into any filing, whether made before or after the date hereof,regardless of any general incorporation language in such filing.

I, J. William Holden, III, the Senior VicePresident, Chief Financial Officer and Treasurer of Mirant North America, LLC(the “Company”), certify that, subject to the qualifications noted below, tothe best of my knowledge:

1.                 the Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

2.                 theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of Mirant AmericasGeneration, LLC.
| Name:  |     | /s/ J. WILLIAM  HOLDEN, III                                                           |   |   |   |
|--------|----------|--------------------------------------------------------------------------------------------|--------|--------|--------|
|   | * * | J. William Holden, III*Senior Vice President, Chief Financial  Officer and Treasurer* |   |   |

 

A signed original of this written statement requiredby Section 906 has been provided to Mirant North America, LLC and will beretained by Mirant North America, LLC and furnished to the Securities andExchange Commission or its staff upon request.

----
Case 2:11-cr-00074-SRC Document 12 Filed 07/20/12 Page 1 of 3 PageID: 41
Case 2:11-cr-00074-SRC Document 12 Filed 07/20/12 Page 2 of 3 PageID: 42
Case 2:11-cr-00074-SRC Document 12 Filed 07/20/12 Page 3 of 3 PageID: 43
Exhibit 32.1



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

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), the undersigned officer of Cleartronic, Inc. (the Company), does hereby certify, to such officers knowledge, that the Quarterly Report on Form 10-Q for the quarter ended March 31, 2012 of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |    |  |                                                            
|------------------ |  | -- |  | -----------------------------------------------------------
|                   |  |    |  |                                                            
|Date: May 20, 2013 |  |    |  | /s/ Larry Reid                                             
|                   |  | By |  | Larry Reid                                                 
|                   |  |    |  | Principal Executive Officer and Principal Financial Officer
<PAGE>

                                                                      EXHIBIT 32

             SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                          AND CHIEF FINANCIAL OFFICER

      I, Thian Hoo Tan, 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 Komag, Incorporated on Form 10-K for the fiscal year ended January 2,
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-K
fairly presents in all material respects the financial condition and results of
operations of Komag, Incorporated.

DATE: March 16, 2005                         BY: /s/  Thian Hoo Tan
                                                 -----------------------
                                                 Thian Hoo Tan
                                                 Chief Executive Officer

      I, Kathleen A. Bayless, 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 Komag, Incorporated on Form 10-K for the fiscal year ended
January 2, 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-K fairly presents in all material respects the financial condition and
results of operations of Komag, Incorporated.

DATE:  March 16, 2005                  BY: /s/  Kathleen A. Bayless
                                          --------------------------
                                           Kathleen A.Bayless, Vice President,
                                           Chief Financial Officer

      This certification accompanies this Report on Form 10-K 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 Komag, Incorporated for purposes
of Section 18 of the Security Exchange Act of 1934, as amended. A signed
original of this written statement required by Section 906 has been provided to
Komag, Incorporated and will be retained by Komag, Incorporated and furnished to
the Securities and Exchange Commission or its staff upon request.
# table18_q4.1_size
#### The People of the State of New York, Respondent, v Enrique Rivera, Appellant.

Submitted March 18, 2013;

decided March 21, 2013

Motion for assignment of counsel granted and Lynn WL. Fa-hey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

________________

NO. 09-22-00243-CR

________________

ROYCE EDWARD LARKIN, Appellant

V.

THE STATE OF TEXAS, Appellee

________________________________________________________________________

On Appeal from the 1A District Court

Jasper County, Texas

Trial Cause No. 13903JD

________________________________________________________________________

MEMORANDUM OPINION

Appellant Royce Larkin was convicted of murder, a first-degree felony, and 

sentenced to life in the Institutional Division of the Texas Department of Criminal 

Justice. See Tex. Penal Code Ann. § 19.02(b)(1). The jury also assessed a fine of 

$10,000. We affirm.

Larkin’s appellate counsel filed an Anders brief that presents counsel’s 

professional evaluation of the record and concludes the appeal is frivolous; he then
2

filed a motion to withdraw as counsel. See Anders v. California, 386 U.S. 738 

(1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Larkin was notified 

of his right to file a pro se brief, but we received no response from Appellant. We 

have reviewed the appellate record, and we agree with counsel’s conclusion that no 

arguable issues support an appeal. Therefore, we find it unnecessary to order 

appointment of new counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 

503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment.1

AFFIRMED.

 ________________________________

 JAY WRIGHT

 Justice

 

Submitted on July 19, 2023

Opinion Delivered August 9, 2023

Do Not Publish 

Before Golemon, C.J., Horton and Wright, JJ.

1 Larkin may challenge our decision in this case by filing a petition for 

discretionary review. See Tex. R. App. P. 68.
Exhibit
32.02




CERTIFICATION




I, Debi B. Halbert, the Chief Financial
Officer of ProFutures, Inc., the general partner of ProFutures Diversified Fund,
L.P., certify that (i) the Annual Report of ProFutures Diversified Fund, L.P. on
Form 10-K/A for the period ended December 31, 2008 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 such Annual Report fairly presents, in all
material respects, the financial condition and results of operations of
ProFutures Diversified Fund, L.P.









PROFUTURES
DIVERSIFIED FUND, L.P.




By:  ProFutures,
Inc., General Partner









By:  /s/
Debi B. Halbert




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


Debi
B. Halbert


Chief
Financial Officer


April
27, 2009
[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Page 4418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1562]


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

DEPARTMENT OF ENERGY


Questions Concerning Technology Transfer Practices at Department 
of Energy (DOE) Laboratories

AGENCY: Department of Energy.

ACTION: Notice of extension of comment period.

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

SUMMARY: The DOE published on November 26, 2008, in the Federal 
Register, a notice of inquiry concerning technology practices at DOE 
laboratories. The DOE invited comments to published questions 
concerning technology transfer practices at DOE laboratories. The 
comment period was to continue for 60 days from the date of the 
publication of the Federal Register notice (till January 26, 2009). 
This Federal Register notice extends the comment period till March 26, 
2009, to allow additional time for the public to respond to the 
questions raised in the Notice of Inquiry.

DATES: The comment period has been extended to March 26, 2009.

ADDRESSES: Comments may be submitted electronically at: <a href="/cdn-cgi/l/email-protection#7f383c52494d3f170e511b101a51181009"><span class="__cf_email__" data-cfemail="a9eeea849f9be9c1d887cdc6cc87cec6df">[email protected]</span></a>; or by mail at: Office of the Assistant General Counsel 
for Technology Transfer and Intellectual Property, U.S. Department of 
Energy, 1000 Independence Ave., SW., Washington, DC 20585. ATTN: 
TECHNOLOGY TRANSFER QUESTIONS.

FOR FURTHER INFORMATION CONTACT: Paul A. Gottlieb, Assistant General 
Counsel for Technology Transfer and Intellectual Property, U.S. 
Department of Energy, Forrestal Building, Room 6F-067, 1000 
Independence Ave., SW., Washington, DC 20585; Telephone: (202) 586-
3439.

    Issued in Washington, DC, on January 16, 2009.
Devon Streit,
Office of Science.
 [FR Doc. E9-1562 Filed 1-23-09; 8:45 am]
BILLING CODE 6450-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
United States Court of Appeals

for the Fifth Circuit ____________

No. 23-50490

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Jay L. White, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Western District of Texas

USDC No. 7:22-CR-278-1

______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Jay L. White 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). White has not filed a response. We have reviewed counsel’s 

brief and the relevant portions of the record reflected therein. We concur 

_____________________

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

United States Court of Appeals

Fifth Circuit

FILED

March 8, 2024

Lyle W. Cayce

Clerk

Case: 23-50490 Document: 39-1 Page: 1 Date Filed: 03/08/2024
No. 23-50490

2

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.

Case: 23-50490 Document: 39-1 Page: 2 Date Filed: 03/08/2024
905 A.2d 875

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KENOL MOREAU, DEFENDANT-PETITIONER.

August 8, 2006.

ORDERED that the petition for certification is granted on the issue of defendant’s sentence, and the matter is summarily remanded to the trial court for resentencing in light of the Court’s decision in *State v. Pierce,*188 *N.J.*155, 902 A.2d 1195 (2006).
Case 2:11-cv-00602-SRC -MAS Document 28 Filed 11/28/11 Page 1 of 5 PageID: 1303
Case 2:11-cv-00602-SRC -MAS Document 28 Filed 11/28/11 Page 2 of 5 PageID: 1304
Case 2:11-cv-00602-SRC -MAS Document 28 Filed 11/28/11 Page 3 of 5 PageID: 1305
1

SEDGWICK LLP

125 Broad Street, 39th Floor

New York, New York 10004-2400

Telephone: (212) 422-0202

Facsimile: (212) 422-0925

Attorneys for Defendants

Hartford Life and Accident Insurance Company s/h/a

The Hartford Benefit Management Services and 

GDB Claims and Services Operations

UNITED STATES DISTRICT COURT

DISTRICT COURT OF NEW JERSEY

----------------------------------------------------------------x

JAMES WRIGHT,

Plaintiff,

-againstTHE HARTFORD BENEFIT MANAGEMENT 

SERVICES; GDB CLAIMS AND SERVICES 

OPERATIONS; ABC 1-10 (that being the names 

of the corporate entities, companies, partnership or 

individuals intended), 

Defendants.

Civil No.: 2:11-cv-00602 

Hon. Stanley R. Chesler, U.S.D.J.

Hon. Michael A. Shipp, U.S.M.J.

PROOF OF MAILING

----------------------------------------------------------------x

1. I, Daniel M. Meier, am an associate with the law firm of Sedgwick LLP, attorneys for 

HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY s/h/a THE HARTFORD BENEFIT 

MANAGEMENT SERVICES and GDB CLAIMS AND SERVICES OPERATIONS.

2. I hereby certify that I mailed a sealed package with postage pre-paid, via regular mail 

addressed to:

Kevin T. Kutyla, Esq.

83 Spring Street

Newton, NJ 07860

(973) 940-8970

Attorney for Plaintiff

Case 2:11-cv-00602-SRC -MAS Document 28 Filed 11/28/11 Page 4 of 5 PageID: 1306
2

3. This package contained a copy of the Declaration of Bruce Luddy, which was filed with the 

court via ECF.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing 

statements made by me are willfully false, I am subject to punishment.

Dated: November 28, 2011

s/ Daniel M. Meier

Daniel M. Meier, Esq. (DM- 041942006)

Case 2:11-cv-00602-SRC -MAS Document 28 Filed 11/28/11 Page 5 of 5 PageID: 1307
# covid_table46_c54_naics
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

December 13, 2006 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh Elizabeth A. Weaver 130764 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, LAWRENCE HUGHES and LILLIAN Justices HUGHES, as personal representatives of the Estate of STEVEN MICHAEL LLOYD, and BERT SMITH, In dividually and as Next Friend of MICHAEL C. SMITH, Plaintiffs-Appellees,

and

BROCK ANTHONY LLOYD, Intervening Plaintiff,

v SC: 130764 COA: 256652 Jackson CC: 02-001766-NO JACKSON COUNTY ROAD COMMISSION, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the February 9, 2006 judgment of the Court of Appeals is consid ered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of Wilson v Alpena County Road Commission , 474 Mich 161 (2006).

K ELLY , J., would deny leave to appeal.

d1206 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

December 13, 2006

Clerk