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that this opinion should not be published and is not precedent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. 95-40921 

Summary Calendar

__________________

THOMAS C. SAWYER,

 Petitioner-Appellant,

versus

GARY L. JOHNSON, TEXAS

DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION,

 Respondent-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. C-94-CV-134

- - - - - - - - - -

April 17, 1997

Before KING, JOLLY and DENNIS, Circuit Judges.

PER CURIAM:*

Thomas Sawyer, #579557, appeals from the district court's

denial of his petition for writ of habeas corpus pursuant to 28

U.S.C. § 2254. We have reviewed the record and the briefs and

AFFIRM the district court's grant of summary judgment in favor of

the Respondent and denial of habeas relief. Sawyer’s contention

that the trial court abused its discretion by denying his motion
No. 95-40921

-2-

for a new trial based on newly discovered evidence is not a

ground for relief on federal habeas corpus. See Jacobs v. Scott,

31 F.3d 1319, 1324 (5th Cir. 1994), cert. denied, 115 S Ct. 711

(1995). Sawyer’s jury-misconduct arguments fail because he does

not show that the alleged misconduct prejudiced his right to a

fair trial. See Drew v. Collins, 964 F.2d 411, 415-16 (5th Cir.

1992), cert. denied, 509 U.S. 925 (1993). His contention that

the trial court improperly instructed the jury to continue

deliberating and his challenge to the sufficiency of the evidence

are procedurally barred. See Boyd v. Scott, 45 F.3d 876, 879-80

(5th Cir. 1994), cert. denied, 115 S. Ct. 1964 (1995). The trial

court’s failure to appoint counsel to file a petition for

discretionary review did not violate Sawyer’s right to equal

protection. See Wainright v. Torna, 455 U.S. 586, 587-88 (1982);

Ross v. Moffitt, 417 U.S. 600, 614-15 (1974). Sawyer’s failure

to raise his Batson claim at trial precludes review of this

claim. See Ward v. Whitley, 21 F.3d 1355, 1366 (5th Cir. 1994),

cert. denied, 115 S. Ct. 1257 (1995). Nor was Sawyer was denied

a fundamentally fair trial based upon the prosecutor’s remarks

during closing argument. See Darden v. Wainwright, 477 U.S. 168,

181 (1986). Further, Sawyer is barred from challenging his

sentence enhancement. See Randle v. Scott, 43 F.3d 221, 226 (5th

Cir.), cert. denied, 115 S. Ct. 2259 (1995). Finally, Sawyer’s

complaint that the district court failed to rule on his amended

motion for relief from judgment is moot.
No. 95-40921

-3-

Sawyer’s motion for appointment of appellate counsel is

DENIED.
<TABLE>

                                                                                               Nicor Gas Company
                                                                                               Form 10-K
                                                                                               Exhibit 12.01

                                                             Nicor Gas Company
                                      Computation of Consolidated Ratio of Earnings to Fixed Charges
                                                                (thousands)
<CAPTION>

                                                                  Year Ended December 31
                                         ------------------------------------------------------------------------
                                             2003            2002         2001           2000           1999
                                         ------------    ------------  -----------   ------------   ------------
<S>                                      <C>             <C>           <C>           <C>            <C>
Earnings available to cover
   fixed charges:

    Net income                              $  83,000      $ 109,139     $  98,806      $  12,584      $ 96,010

    Add: Income taxes                          48,035         64,325        57,000            520        55,809

         Fixed charges                         37,047         36,711        45,431         44,863        38,917

         Allowance for funds used
            during construction                  (220)          (395)         (241)          (363)         (118)
                                          ------------   ------------   -----------   ------------   -----------
                                            $ 167,862      $ 209,780     $ 200,996      $  57,604     $ 190,618
                                          ============   ============   ===========   ============   ===========
Fixed charges:

    Interest on debt                        $  33,934      $  33,037     $  43,542      $  42,365     $  39,245

    Other interest charges and
      amortization of debt discount,
      premium, and expense, net                 3,113          3,674         1,889          2,498          (328)
                                          ------------   ------------   -----------   ------------   -----------
                                            $  37,047      $  36,711     $  45,431      $  44,863     $  38,917
                                          ============   ============   ===========   ============   ===========

Ratio of earnings to fixed charges               4.53           5.71          4.42           1.28          4.90
                                          ============   ============   ===========   ============   ===========
</TABLE>
<TABLE> <S> <C>

<ARTICLE> OPUR1          <<<--- CUSTOMER PLEASE CHECK
<LEGEND>
The Schedule contains summary financial information extracted from the
consolidated financial statements of Old Dominion electric cooperative and is
qualified in its entirety by reference to such consolidated financial
statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      817,154
<OTHER-PROPERTY-AND-INVEST>                    162,503
<TOTAL-CURRENT-ASSETS>                         150,832
<TOTAL-DEFERRED-CHARGES>                        29,756
<OTHER-ASSETS>                                   7,435
<TOTAL-ASSETS>                               1,167,680
<COMMON>                                             0
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                            193,095<F1>
<TOTAL-COMMON-STOCKHOLDERS-EQ>                       0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                           634,117
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                   18,228
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 322,240
<TOT-CAPITALIZATION-AND-LIAB>                1,167,680
<GROSS-OPERATING-REVENUE>                      262,693
<INCOME-TAX-EXPENSE>                                 0
<OTHER-OPERATING-EXPENSES>                     215,198
<TOTAL-OPERATING-EXPENSES>                     215,198
<OPERATING-INCOME-LOSS>                         47,495
<OTHER-INCOME-NET>                               2,267
<INCOME-BEFORE-INTEREST-EXPEN>                  49,762
<TOTAL-INTEREST-EXPENSE>                        41,420
<NET-INCOME>                                     8,342
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                        0
<COMMON-STOCK-DIVIDENDS>                             0
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                          90,406
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Old Dominion is organized and operated as a cooperative. Patronage capital is
the retained net margins of Old Dominion which have been allocated to its
members based ontheir respective power purchases in accordnace with Old
Dominion's bylaws.
</FN>
        

</TABLE>
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,  AS ADOPTED PURSUANT TO  SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002    In connection with the Quarterly Report of Jewett-Cameron Trading Company Ltd. (the Company) on Form 10-Q for the period ended November 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of the Company does hereby certify, to such officers knowledge, that, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.


|                        |                                   
|----------------------- | ----------------------------------
|Date:  January 14, 2013 | Signed: /s/  "Donald M. Boone"    
|                        | Donald M. Boone,
President and CEO
Exhibit 32

CERTIFICATION REQUIRED
UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In
connection with the filing of the financial statements of Ophthalmic Imaging Systems
(Registrant) for the quarter ended June 30, 2006 (the Report),
each of the undersigned hereby certifies, to such officers knowledge, 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 Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------

|                         |                        
|------------------------ | -----------------------
|Date:  November 13, 2006 |                        
|                         | /s/ Gil Allon          
|                         | Gil Allon              
|                         | Chief Executive Officer
|                         | /s/ Ariel Shenhar      
|                         | Ariel Shenhar          
|                         | Chief Financial Officer
# Fourth Court of Appeals

San Antonio, Texas

July 12, 2022

No. 04

- 22

- 00356

- CR

Angelica NAVARRO

- DEPAZ

,

Appellant

v.

The STATE of Texas,

Appellee

From the 437th Judicial District Court

, Bexar County, Texas

Trial Court No. 2018CR13056

Honorable Melisa C. Skinner , Judge Presiding



### O R D E R

On July 7, 2022

, court reporters, Kay Gittinger and Linda Hernandez, each filed a notification of late record stating that the appellant has failed to pay or make arrangements to pay

the fee for preparing the reporter ’ s record. On July 11, 2022

, court reporter

, Mary Beth Sasal a

, also filed a notification of late record stating that the appellant has failed to pay or make

arrangements to pay the fee for preparing the reporter ’ s record.

W e, therefore, ORDER app ellant to provide written proof to this court on or before

July 22, 2022

, that either (1) the reporter ’ s fee has been paid or arrangements have been made to

pay the reporter ’ s fee; or (2) appellant is entitled to appeal without paying the reporter ’ s fee. If

appellant fails to respond within the time provided, appellant ’ s brief will be due on or before

August 11, 2 022

, and the court will only consider those issues or points raised in appellant ’ s brief that do not require a reporter ’ s record for a decision. See T EX

. R. A PP

. P. 37.3(c).

It is so ORDERED on July 12, 2022.

PER CURIAM

ATTESTED TO :

_______________________

MICHAEL A. CRUZ

, CLERK OF COURT
EXHIBIT 99.2     CERTIFICATION OF CHIEF FINANCIAL OFFICER


                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       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  on Form  10-QSB  of Viking
Capital Group, Inc. (the "Company") for the period ending June 30, 2002 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Matthew W. Fossen, 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 result of  operations of the
Company.




Dated:  August 14, 2002    /s/ Matthew W. Fossen
                           ---------------------
                           Matthew W. Fossen
                           Chief Financial Officer








                                       22
|   | “3. | Term. The term      of Employee’s employment hereunder shall be until December 31,      2011.” |
|--------|-----------|------------------------------------------------------------------------------------------------------------|

|   | Company:                                   |
|--------|--------------------------------------------|
|   |                                       |
|   | WELLS-GARDNER      ELECTRONICS CORPORATION |
|   | An      Illinois Corporation               |
|   |                                       |
|   | /s/      Marshall L. Burman                |
|   | By:                                        | Marshall      L. Burman |
|   | Title:                                     | Chairman,      Compensation Committee |
|   | Dated:                                     | January      9, 2008 |
|   |                                       |   |
|   |                                       | Employee: |
|   |                                       |   |
|   |                                       | /s/      Anthony S. Spier |
|   |                                       | Anthony      S. Spier |
|   |                                       |   |

----
#### UNITED STATES v. GICINTO.

No. 18424.

United States District Court W. D. Missouri.

Jan. 16, 1953.

*442Honorable Sam M. Wear, U. S. Atty. and Hugh A. Miner, Asst. U. S. Atty., Kansas City, Mo., for plaintiff.

Harry E. Whitney, Kansas City, Mo., for defendant.

REEVES, District Judge.

Both motions have been examined. The motion to dismiss the indictment partakes of the nature of the former demurrer. The indictment was returned under Section 472 Title 18 U.S.C.A. It is there provided that: “Whoever, with intent to defraud, passes * * * any * * * counterfeited * * * obligation * * * of the United States, * *

The indictment is in three counts and specifically charged that the defendant “on or about August 24, 1952, at Kansas City, Missouri, in the Western District of Missouri, * * * with intent to defraud did pass, utter and publish a falsely made and counterfeited security of the United States, to wit: a Twenty Dollar ($20.00) Federal reserve note, etc. * * *.”

An identical charge was made in respect of other counterfeited securities on the same date, at the same place. The indictment in every particular is a valid one and has been specifically upheld by the courts. Rule 7, Federal Rules of Criminal Procedure, paragraph (c) thereof, 18 U.S. C.A., sets forth what the contents of the indictment shall be, as follows:

> “The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged.”

The indictment under consideration specifically accused the defendant of having passed three separate and distinct counterfeit securities of the government. This was sufficient, and the motion to dismiss should be and will be overruled.

Next, the defendant, through counsel, asks for a bill of particulars. In his motion the defendant says that he “shall have the right to be informed of the nature and cause of the accusation.” The indictment contains this information. To be specific, the defendant says that he desires to be informed of the “dates, time or times when, place or places where, and the person or persons to whom this defendant passed, uttered or published the alleged counterfeited securities of the United States * *.”

The time and the place and description of the counterfeited obligations are all set forth in the indictment. To require the government to say to whom the obligations were passed would descend to a minutia of evidence that has been universally condemned by the courts. The rule in respect of bills of particulars is well stated in 42 C.J.S., Indictments and Informations, § 156, p. 1097, as follows:

> “The motion ordinarily should be allowed only where the charges of an indictment are so general that they do not advise accused of the specific acts of which he is accused, * *

Quite clearly the indictment in this case informs the defendant of the time, and the place, and the nature of the security. This is sufficient. The motion for a bill of particulars in like manner should be overruled.
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,



AS ADOPTED PURSUANT TO



SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002







In connection with the Quarterly Report of Jewett-Cameron Trading Company Ltd. (the Company) on Form 10-Q for the period ended November 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of the Company does hereby certify, to such officers knowledge, that, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|Date: January 7, 2008 | Signed:  /s/  Donald M. Boone     
|--------------------- | ----------------------------------
|                      | Donald M. Boone,
President and CEO
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 978 Engrossed in House (EH)]

  1st Session

                               H. R. 978

_______________________________________________________________________

                                 AN ACT

  To amend chapter 84 of title 5, United States Code, to provide that 
certain Federal annuity computations are adjusted by 1 percentage point 
  relating to periods of receiving disability payments, and for other 
                               purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                H. R. 978

_______________________________________________________________________

                                 AN ACT

 
  To amend chapter 84 of title 5, United States Code, to provide that 
certain Federal annuity computations are adjusted by 1 percentage point 
  relating to periods of receiving disability payments, and for other 
                               purposes.

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

SECTION 1. ANNUITY COMPUTATION ADJUSTMENT FOR PERIODS OF DISABILITY.

    (a) In General.--Section 8415 of title 5, United States Code, is 
amended--
            (1) by redesignating the second subsection (i) as 
        subsection (k); and
            (2) by adding at the end the following:
    ``(l) In the case of any annuity computation under this section 
that includes, in the aggregate, at least 2 months of credit under 
section 8411(d) for any period while receiving benefits under 
subchapter I of chapter 81, the percentage otherwise applicable under 
this section for that period so credited shall be increased by 1 
percentage point.''.
    (b) Conforming Amendment.--Section 8422(d)(2) of title 5, United 
States Code (as added by section 122(b)(2) of Public Law 107-135) is 
amended by striking ``8415(i)'' and inserting ``8415(k)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to any annuity entitlement to which is based on a 
separation from service occurring on or after the date of enactment of 
this Act.

            Passed the House of Representatives September 10, 2003.

            Attest:

                                                                 Clerk.
```
|   | (i)    | the      Form 10-Q fully complies with the requirements of      Section 13(a) or Section 15(d) of the Securities      Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d));  and |
|--------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                        |
|   | (ii)   | the      information contained in the Form 10-Q fairly presents, in all      material respects, the financial condition and results of operations of      the Issuer.                                  |

| Dated:      November 6, 2009 |                                              |
|------------------------------|---------------------------------------------------|
|                         | /s/      Robert L. Kanode                         |
|                         | Robert      L. KanodeChief      Executive Officer |