alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2002 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

3-29-2002

USA v. Luna

Precedential or Non-Precedential:

Docket 00-1156

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2002

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2002 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"USA v. Luna" (2002). 2002 Decisions. Paper 231.

http://digitalcommons.law.villanova.edu/thirdcircuit_2002/231
 NOT PRECEDENTIAL 

 UNITED STATES COURT OF APPEALS 

 FOR THE THIRD CIRCUIT 

 

 

 No. 00-1156 

 

 

 UNITED STATES OF AMERICA 

 

 v. 

 

 FRANKLIN LUNA 

 a/k/a 

 MOON 

 

 Franklin Luna, 

 Appellant 

 

 

 Appeal from the United States District Court 

 for the Eastern District of Pennsylvania 

 (D.C. Criminal Action No. 99-cr-00273-2) 

 District Judge: Honorable Edmund V. Ludwig 

 

 

 Submitted Under Third Circuit LAR 34.1(a) 

 February 25, 2002 

 

 Before: ROTH and FUENTES, Circuit Judges 

 GIBSON*, Circuit Judge 

 

 (Opinion filed March 28, 2002) 

 

 * Honorable John R. Gibson, Senior Circuit Court Judge for the Eighth Circuit, 

sitting by designation. 

 

ROTH, Circuit Judge. 

 Defendant Franklin Luna appeals from a judgment of sentence in the United States 

District Court for the Eastern District of Pennsylvania. On September 13, 1999, Luna 

pled guilty to one count of conspiracy to distribute cocaine, in violation of 21 U.S.C. 

846, and one count of aiding and abetting in the distribution of cocaine, in violation of 21 

U.S.C. 841 (a)(1) & 18 U.S.C. 2. On February 3, 2000, Luna was sentenced to 87 

months imprisonment and supervised release of five years. 

 Luna’s sole contention on appeal is that the District Court erred in applying a two 

point sentencing enhancement pursuant to U.S.S.G. 2D1.1(b)(1) for possession of a 

weapon during the drug offense. In order for the enhancement to apply, the government 

must prove, by a preponderance of the evidence, that the defendant possessed the weapon 

and that the connection between the weapon and the drug offense was not clearly 

improbable. See United States v. Price, 13 F.3d 711, 733 (3d Cir. 1994). From our 

review of the record, we find that there was sufficient evidence before the District Court 

to support its finding by a preponderance of the evidence that Luna was in possession of a 

firearm at the time of the drug offense. Therefore, the District Court properly applied a 

two point sentencing enhancement pursuant to U.S.S.G. 2D1.1(b)(1). 

 For the foregoing reasons, we will affirm the judgment of sentence of the District 

Court. 

 
TO THE CLERK: 

 Please file the foregoing Opinion. 

 By the Court, 

 /s/ Jane R. Roth 

 Circuit Judge
NUMBER 13-14-00074-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

 

RODOLFO DELGADO JR., Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 103rd District Court

of Cameron County, Texas.

ORDER TO FILE APPELLATE BRIEF

Before Justices Rodriguez, Benavides, and Perkes

Order Per Curiam

Appellant’s brief was originally due to be filed on June 9, 2014. This Court has 

previously granted two motions for extension of time to file appellant’s brief in this case. 

On October 2, 2014, the Clerk of the Court notified appellant’s counsel that the brief had 

not been filed and requested a response concerning the failure to file the brief within ten 
2

days. Counsel failed to respond or file a brief and this Court abated the appeal and 

remanded the cause to the trial court for further proceedings pursuant to Rule 38.8(b)(2) 

and (3) of the Texas Rules of Appellate Procedure.

On October 29, 2014, the trial court held a hearing and made findings that 

appellant intends to prosecute his appeal and that counsel has medical issues and 

requests additional time to finish the brief. The trial court recommended that appellant 

be allowed to continue his appeal with his current attorney of record, the Honorable 

Rebecca Rubane, and that she be given an extension of 45 days to file the brief. 

The Court hereby REINSTATES the appeal and ORDERS the Honorable Rebecca 

Rubane to file the brief on or before January 5, 2015. No further extensions will be 

granted. If counsel fails to file the brief within the specified period of time, the Court will 

act appropriately to ensure that appellant's rights are protected. See id. R. 38.8(b)(4). 

Specifically, the Court will abate and remand this matter to the trial court with instructions 

to appoint new counsel. 

It is so ORDERED.

PER CURIAM

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed the

1st day of December, 2014.
**Exhibit      32.1**

| 1)   | the              Report complies with the requirements of section 13(a) or 15(d) of              the              Securities Exchange Act of 1934; and |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------|

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

|   |                                                                                                                  |   |   |   |
|--------|-----------------------------------------------------------------------------------------------------------------------|--------|--------|--------|
| By     | /s/                  Arthur L. Smith                                                                                  |   |   |   |
|   | Arthur                  L. Smith President                  and Chief Executive OfficerJune                  14, 2007 |   |   |   |
|   |                                                                                                                  |   |   |   |

----
ex10_1.htm






  





  











  








Section 3: EX-10.1







EMPLOYMENT AGREEMENT ADDENDUM












In consideration of the renewal of Matthew P. Deines’s (Employee) Employment Agreement by Sound Community Bank (Employer), the adequacy of which is hereby acknowledged, the parties agree to the following  addendum which is to clarify the terms of the  Employment Agreement and to memorialize some agreed revisions.







1.           The notice provision set forth in Section 2 will be reduced from one hundred eighty (180) days to ninety (90) days.







2.           The Non-Competition obligation imposed on Employee and set forth at Section 8(a) will remain in effect during the term of the Employment Agreement as a result of termination for any reason, and whether voluntary or involuntary.  The Non-Competition obligation shall not be contingent on continuing payments to Employee.







3.           In the event of a breach of the Non-Competition provision set forth in Section 8, Employee will be liable for payment of 50% of employee’s then current annual base salary in liquidated damages.







DATED this 28th day of December, 2011.


 



	  	
SOUND COMMUNITY BANK


By: /s/ Matthew P. Deines


Its: Executive Vice President & CFO

















DATED this 28th day of December, 2011.


 







 



  


                                                   

/s/ Matthew F. Moran 


Witness
#### In the Matter of Dominick Giaquinto, Appellant, v Commissioner of New York State Department of Health, Respondent, et al., Respondent.

Submitted March 17, 2008;

decided March 20, 2008

Motion by National Center for Law and Economic Justice, Inc. for leave to appear amicus curiae on the appeal herein *797granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and 24 copies filed within seven days.
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<EPS-PRIMARY>                                    1.44
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</TABLE>
Exhibit 31.1

                                 Certifications

     I, Henry E. Gemino, certify that:

     1. I have reviewed this quarterly report on Form 10-QSB of Profile
Technologies, Inc.;

     2. Based on my knowledge, this 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 report;

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

     4. The small business issuer's other certifying officer and I are
responsible for establishing and maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control
over financial reporting (as defined in Exchange Act Rules 13a-15(f) and
15d-15(f)) for the small business issuer and have:

          a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the small business issuer,
including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this report is being
prepared;

          b) (Paragraph omitted pursuant to SEC Release No. 33-8238.);

          c) Evaluated the effectiveness of the small business issuer's
disclosure controls and procedures and presented in this report our conclusions
about the effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this report based on such evaluation; and

          d) Disclosed in this report any change in the small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

     5. The small business issuer's other certifying officer and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of the small business issuer's board of directors (or persons
performing the equivalent functions):

          a) All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; 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.

     Date: November 14, 2003

     /s/ Henry E. Gemino, Chief Executive Officer and Chief Financial Officer
Exhibit 13.1





CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the annual report of MiX Telematics Limited (the “Company”) on Form 20-F for the year ended March 31, 2016 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, 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 our knowledge:


|   |                                                                                                                                                                             
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|1. | the report, as filed with the Securities and Exchange Commission, 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: June 29, 2016


By: /s/ Stefan Joselowitz


Stefan Joselowitz


Chief Executive Officer








Date: June 29, 2016


By: /s/ Megan Pydigadu


Megan Pydigadu


Chief Financial Officer
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 246 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 246

    To repeal the provision of law that provides for automatic pay 
                  adjustments for Members of Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2011

  Mr. Platts introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee on 
   Oversight and Government Reform, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
    To repeal the provision of law that provides for automatic pay 
                  adjustments for Members of Congress.

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

SECTION 1. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF 
              CONGRESS.

    (a) In General.--Paragraph (2) of section 601(a) of the Legislative 
Reorganization Act of 1946 (2 U.S.C. 31) is repealed.
    (b) Technical and Conforming Amendments.--Section 601(a)(1) of such 
Act is amended--
            (1) by striking ``(a)(1)'' and inserting ``(a)'';
            (2) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively; and
            (3) by striking ``, as adjusted by paragraph (2) of this 
        subsection''.

SEC. 2. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
December 31, 2012.
                                 <all>
```
## In T he Court of Appeals Seventh District of Texas at Amarillo

No. 07 - 22 - 00199 - CV IN THE MATTER OF THE MARRIAGE OF HENRY T. ALVARADO

AND ELIZABETH ANN NAVA ALVARADO On Appeal from the County Court at Law No. 3

Williamson County, Texas Trial Court No . 18 - 3459 - FC3 , Honorable Doug Arnold , Presiding



### October 19 , 2022 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and YARBROUGH , JJ. Appellant, Henry T. Alvarado, appeals from the trial court’s Final Decree of Divorce . 1 Appellant’s brief was due September 19, 2022 , but was not filed. By letter of September 28 , 2022, we notified Appellant that the appeal was subject to dismissal for want of prosecution, without further notice, if a brief was not received by October 10 . T o date, Appellant has n either filed a brief nor had any further communication with this Court.

1 Originally appealed to the Third Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalizations efforts. See T EX . G OV ’ T C ODE A NN . § 73.001.2

Accordingly, we dismiss the appeal for want of prosecution. See T EX . R. A PP . P . 38.8(a)(1), 42.3(b). Per Curiam
Exhibit 13.1





Certification of CEO and CFO Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





In connection with the Annual Report on Form 20-F (the "Report") of Marine Harvest ASA (the "Company") for the fiscal year ended December 31, 2015 as filed with the U.S. Securities and Exchange Commission (the "SEC") on the date hereof, Alf-Helge Aarskog, as Chief Executive Officer of the Company, and Ivan Vindheim, as Chief Financial Officer of the Company, each hereby certifies, 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 his 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.




/s/ Alf-Helge AarskogName: Alf-Helge AarskogTitle: Chief Executive OfficerDate: April 1, 2016/s/ Ivan VindheimName: Ivan VindheimTitle: Chief Financial OfficerDate: April 1, 2016





A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.





This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934.
Exhibit 32.1

Certification of Chief Executive Officer

Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)

In connection with this Annual Report on Form 10-K (the Report) of Investcorp
Credit Management BDC, Inc. (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Michael C. Mauer, the Chief Executive Officer of the Registrant, hereby certify, to the best of my 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 the Registrant.



/s/    Michael C. MauerName:

Michael C. MauerDate:

September 21, 2020
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<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM SEPTEMBER
30, 1998 CONDENSED CONSOLIDATED FINANCIAL STATEMENTS (UNAUDITED) AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
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<CASH>                                      27,958,751
<SECURITIES>                                         0
<RECEIVABLES>                                2,557,614
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<DEPRECIATION>                               1,340,487
<TOTAL-ASSETS>                              34,405,047
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<TOTAL-LIABILITY-AND-EQUITY>                34,405,047
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<TOTAL-REVENUES>                             8,707,550
<CGS>                                                0
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<OTHER-EXPENSES>                            16,035,126
<LOSS-PROVISION>                                70,650
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