alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

BRUCE EDWARD HENDERSON,

 Appellant,

v.

THE STATE OF TEXAS,

 Appellee. 

§

§

§

§

§

§

No. 08-15-00298-CR

Appeal from

372nd District Court

of Tarrant County, Texas

(TC # 1389911D)

MEMORANDUM OPINION

Bruce Edward Henderson appeals his conviction of unlawful possession of a firearm. 

Appellant entered a plea of guilty to the charged offense before a jury and the trial court 

conducted a unitary proceeding. TEX.CODE CRIM.PROC.ANN. art. 26.14 (West 2009); see Frame 

v. State, 615 S.W.2d 766, 767 (Tex.Crim.App. 1981). Appellant also entered a plea of true to the 

enhancement paragraph. The jury found Appellant guilty, found the enhancement paragraph 

true, and assessed Appellant’s punishment at imprisonment for a term of ten years. We affirm.

FRIVOLOUS APPEAL

Appellant’s court-appointed counsel has filed a brief in which he has concluded that the 

appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. 

California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), by presenting a professional 

evaluation of the record demonstrating why, in effect, there are no arguable grounds to be 
- 2 -

advanced. See In re Schulman, 252 S.W.3d 403, 407 n.9 (Tex.Crim.App. 2008)(“In Texas, an 

Anders brief need not specifically advance ‘arguable’ points of error if counsel finds none, but it 

must provide record references to the facts and procedural history and set out pertinent legal 

authorities.”); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel has notified the 

Court in writing that he has delivered a copy of counsel’s brief and the motion to withdraw to 

Appellant, and he has advised Appellant of his right to review the record, file a pro se brief, and 

to seek discretionary review. Kelly v. State, 436 S.W.3d 313, 318-20 (Tex.Crim.App.

2014)(setting forth duties of counsel). Counsel also provided Appellant with a copy of the 

appellate record. Appellant has not filed a pro se brief.

We have carefully reviewed the record and counsel’s brief. We agree that the appeal is 

wholly frivolous and without merit, and we find nothing in the record that might arguably 

support the appeal. The judgment of the trial court is affirmed.

December 21, 2016

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ.

(Do Not Publish)
IIA 

114TH CONGRESS 

1ST SESSION S. J. RES. 16 

Proposing an amendment to the Constitution of the United States relative 

to equal rights for men and women. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2015 

Mr. MENENDEZ (for himself, Mr. CARDIN, Mrs. BOXER, Ms. WARREN, Mr. 

BLUMENTHAL, and Mrs. GILLIBRAND) introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States relative to equal rights for men and women. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 

6 intents and purposes as part of the Constitution when 

7 ratified by the legislatures of three-fourths of the several 

8 States: 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•SJ 16 IS 

1 ‘‘ARTICLE— 

2 ‘‘SECTION 1. Equality of rights under the law shall 

3 not be denied or abridged by the United States or by any 

4 State on account of sex. 

5 ‘‘SECTION 2. The Congress shall have the power to 

6 enforce, by appropriate legislation, the provisions of this 

7 article. 

8 ‘‘SECTION 3. This article shall take effect 2 years 

9 after the date of ratification.’’. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS
<PAGE>

                                                                    EXHIBIT 32.1

                 CERTIFICATION OF JANICE P. ANDERSON 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 Onyx Software Corporation (the
Company) on Form 10-Q for the period ended June 30, 2005, as filed with the
Securities and Exchange Commission (the Report), I, Janice P. Anderson, 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 results of operations of the
      Company.

Date: August 9, 2005

                                                      By: /s/ JANICE P. ANDERSON
                                                          ----------------------

                                                          Janice P. Anderson

                                                     Chief Executive Officer and

                                                        Chairman of the Board
Order entered May 5 , 2015

In The 

## Court of Appeals **Fifth District of Texas at Dallas**

No. 05

- 14

- 01577

- CV

WAYNE A. RAND, Appellant

V.

DOROTHY DENNISE RAND , Appellee

On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cau se No. DF

- 1306590



### O RDER

On April 20, 2015, p ursuant to the Court’s April 1, 2015 order, the Court received

a ppellant ’s request for preparation of the reporter’s record, designating the portions of the
proceedings to be included in the record

. Within tha t request, appellant also designated the
following items be included in the clerk’s record :
•February 20, 2015 “motion for bench warrant;” •February 20, 2015 “letter to Brad Nace;” •February 26, 2015 “motion to deny petitioner’s motion to deny motion fo r new trial;” •March 3, 2015 “notice Wayne Rand appeared ready for hearing but 255th and petitioner were no show;” •March 12, 2015 “motion of addendum;” and, •March 19, 2015 “motion for reconsideration.”The clerk’s record was filed before this request wa s received and does not include those
items. Accordingly, we ORDER Dallas County District Clerk Felicia Pitre to file a
supplemental clerk’s record containing th ose i tems . If any of the requested items cannot be

located, Ms. Pitre shall file written veri fication so stating. The record, and any verification, shall
be filed no later than May 14, 2015.

/s/ CRAIG STODDART JUSTICE
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          23,191
<SECURITIES>                                         0
<RECEIVABLES>                                    3,331
<ALLOWANCES>                                      (114)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                27,038
<PP&E>                                           1,215
<DEPRECIATION>                                    (418)
<TOTAL-ASSETS>                                  28,655
<CURRENT-LIABILITIES>                            2,644
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        21,304
<OTHER-SE>                                       4,707
<TOTAL-LIABILITY-AND-EQUITY>                    28,655
<SALES>                                          4,486
<TOTAL-REVENUES>                                 4,486
<CGS>                                              250
<TOTAL-COSTS>                                      250
<OTHER-EXPENSES>                                 3,099
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  1,403
<INCOME-TAX>                                       477
<INCOME-CONTINUING>                                926
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       926
<EPS-PRIMARY>                                      .12
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 31.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO RULE 13a-14 OF THE SECURITIES EXCHANGE ACT OF 1934 AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Bruce D. Batkin, certify that: 1.

          I have reviewed this Annual Report on Form 10-K of Terra Income Fund 6, 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 registrant as of, and for, the periods presented in this report; 4.

          The registrants other certifying officer(s) 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)) for the registrant 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 registrant, is made known to us by others within those entities, particularly during the period in which this report is being prepared; (b)

          Evaluated the effectiveness of the registrant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 (c)

          Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and 5.

          The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrant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 registrant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 control over financial reporting. Date: December 24, 2015 /s/ Bruce D. BatkinBruce D. BatkinChief Executive Officer (Principal Executive Officer)Terra Income Fund 6, Inc.
**Exhibit 32.2**SECTION 1350 CERTIFICATIONIn connection with the Quarterly Report of Croghan Bancshares, Inc. (the “Corporation”) on Form10-Q for the quarterly period ended March 31, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, John C. Hoffman, Assistant Treasurer of theCorporation, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of theSarbanes-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 theSecurities Exchange Act of 1934; and (2) The information contained in the Report fairly presents, in all material respects, thefinancial conditionand results of operations of the Corporation.   Date: April 21, 2006 /s/ John C. Hoffman     John C. Hoffman, Assistant Treasurer* This certification is being furnished as required by Rule 13a-14(b) under the Securities ExchangeAct of1934 (the “Exchange Act”) and Section 1350 of Chapter 63 of Title 18 of the United States Code, andshallnot be deemed “filed” for purposes of Section 18 of the Exchange Act or otherwise subject to theliability ofthat section. This certification shall not be deemed to be incorporated by reference into anyfiling under the Securities Act of 1933 or the Exchange Act, except as otherwise stated in suchfiling.
21
Exhibit 32.1

             CERTIFICATION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER
                         PURSUANT TO 18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the  Quarterly Report of ATSI Communications, Inc. on Form
10-QA  for  the period ending October 31, 2003, as filed with the Securities and
Exchange  Commission on the date hereof, I, Arthur L. Smith, President and Chief
Executive  Officer  of  the Company, certify, pursuant to 18 U.S.C, ss. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that,

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 Officer
March 1, 2004




<PAGE>
I N THE SUPREME COURT OF PENNSYLVANIA

IN RE:

A PPOINTMENT TO CONTINUING

JUDICIAL EDUCATION BOARD OF

JUDGES :

:

:

:

:

: NO. 904

SUPREME COURT RULES DOCKET

ORDER

PER CURIAM

A ND NOW, this 21 st day of January, 2022 , the Honorable Albert H. Masland

,

Cumberland County

, is hereby appointed to the Continuing Judicial Education Board of

Judges for a term expiring December 31, 2024

.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

JACOB ANDREW BRIGHTON

, Appellant,

v.

STATE OF FLORIDA

, Appellee.

No. 4D 2 02 1

- 3066

[ December 7, 2023 ]

Appeal from the Circuit Court for the Nine teenth Judicial Circuit, St.

Lucie C ounty; William L. Roby

, Judge; L.T. Case No. 562007CF003688A

.

Carey Haughwout, Public Defender, and Erika Follmer, Assistant

Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Jonathan P. Picard,

Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

M AY

, L EVINE and A RTAU

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 99-4321

___________

United States of America, *

*

Appellee, * Appeal from the United States

* District Court for the

v. * Southern District of Iowa.

* 

Julian Rico Aguilera, * [UNPUBLISHED]

*

Appellant. *

___________

 Submitted: January 5, 2001

 Filed: March 29, 2001

___________

Before McMILLIAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

Julian Rico Aguilera was indicted for conspiring to possess with intent to

distribute an unspecified amount of cocaine and methamphetamine, in violation of 21

U.S.C. § 846. Aguilera pleaded guilty, stipulating he had distributed at least 100

pounds of methamphetamine and 200 pounds of cocaine during the course of the

conspiracy. At the plea hearing, after Aguilera acknowledged the stipulated quantities,
1The HONORABLE CHARLES R. WOLLE, United States District Judge for

the Southern District of Iowa.

-2-

the district court1 advised that he faced a statutory maximum term of life in prison. At

sentencing, Aguilera agreed that his base offense level should be based on the

stipulated quantities. He was sentenced to 295 months in prison and five years

supervised release. 

On appeal, counsel moved to withdraw pursuant to Anders v. California, 386

U.S. 738 (1967), raising issues related to whether he was ineffective for failing to

demand that certain alleged oral agreements be made part of the plea agreement.

Aguilera made a pro se argument regarding the alleged oral promises. Because the

record is undeveloped on these issues, we conclude this appeal does not warrant

departure from the general rule that ineffective assistance claims should be examined

first by the district court in a 28 U.S.C. § 2255 proceeding. See United States v.

Santana, 150 F.3d 860, 863 (8th Cir. 1998). 

Reviewing the case under Penson v. Ohio, 488 U.S. 75 (1988), we note the

indictment did not charge a specific drug quantity, and Aguilera was sentenced above

the twenty-year maximum prison term authorized under 21 U.S.C. § 841(b)(1)(C) for

conspiracies involving unspecified amounts of cocaine or methamphetamine. However,

we conclude neither the conviction nor the sentence is vulnerable under Apprendi v.

New Jersey, 120 S. Ct. 2348 (2000). Aguilera’s guilty plea and waiver of his right to

appeal (with exceptions not relevant to this issue) waived any challenge to the

indictment. Moreover, he stipulated to drug quantities authorizing a maximum term of

life in prison as part of his plea agreement, and was advised at his plea hearing that he

could receive a life sentence. See 21 U.S.C. § 841(b)(1)(A); United States v.

McIntosh, 236 F.3d 968, 975-76 & n.10 (8th Cir. 2001).
-3-

The judgment of the district court is affirmed. We grant counsel’s motion to

withdraw and deny as moot the government’s motion to dismiss the appeal.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
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                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Trade Commission

# FOR FURTHER INFORMATION CONTACT:

Theresa Kingsberry, Program Support Specialist, Federal Trade Commission Premerger Notification Office, Bureau of Competition, Room CC-5301, Washington, DC 20024, (202) 326-3100.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 2017-19426 Filed 9-12-17; 8:45 am]

 BILLING CODE 6750-01-P
College enrollment of year 2008 high school 
graduates, by sex


	Percent

Total	 68.6
Women	 71.5
Men	 65.9
**Exhibit
      32.1**





**Certification
      of Chief Executive Officer pursuant to Section 906 of the Sarbanes-Oxley Act
      of
      2002**





I
      hereby
      certify pursuant to 18 U.S.C. section 1350, as adopted pursuant to section.
      906
      of the Sarbanes-Oxley Act of 2002, that the accompanying Form 10-QSB of CN
      Bancorp, Inc. (the "Company") for the quarterly period ended June 30, 2005,
      fully complies with the requirements of section 13(a) or 15(d) of the Securities
      Exchange Act of 1934; and that the information contained in the Form 10-QSB
      fairly presents, in all material respects, the financial condition and results
      of operations of the Company








/s/Jan
      W.
      Clark





Jan
      W.
      Clark


President
      and Chief Executive Officer


August
      9,
      2005





22
#### Douglas K. RABORN, Debtor, Douglas K. Raborn, Richard B. Raborn, Robin Raborn, Plaintiffs-Appellants, v. Deborah MENOTTE, Trustee, Trustee in Bankruptcy for Douglas K. Raborn, Defendant-Appellee.

No. 05-16260.

United States Court of Appeals, Eleventh Circuit.

June 3, 2008.

John R. Beranek, Ausley & McMullen, Tallahassee, FL, for Plaintiffs-Appellants.

Michael Richard Bakst, Elk, Bankier, Christu *&*Bakst, Morris Gary Miller, Ru-den, McClosky, Smith, Schuster & Russell, P.A., West Palm Beach, FL, John H. Pel-zer, Ruden, McClosky, Smith, Schuster & Russell, P.A., Ft. Lauderdale, FL, for De-fendanL-Appellee.

Before EDMONDSON, Chief Judge, BARKETT and COX, Circuit Judges.

PER CURIAM:

In this case, a Bankruptcy Trustee has tried to include some land in the bankruptcy estate of Douglas K Raborn. But the land had come to Douglas K. Raborn in a document entitled “Conveyance Deed to Trustee Under Trust Agreement,” and the document purports to convey the land to “Douglas K. Raborn, as Trustee under the Raborn Farm Trust Agreement dated January 25, 1991.” A dispute arose about whether the land could be lawfully included in Raborn’s bankruptcy estate. The Bankruptcy Trustee argued “Yes”; and he prevailed in the District Court.

On appeal, we faced an issue of state law — the meaning of the conveyance — that we considered outcome determinative. Setting out the background in some detail, we certified the state law issue to the Supreme Court of Florida. *In re Raborn,*470 F.3d 1319 (11th Cir.2006).

The Supreme Court of Florida clarified the applicable state law for us. *See Raborn v. Menotte,*974 So.2d 328 (Fla.2008) (holding that the deed in question conveys the land in trust, not fee simple).

In the light of the Florida opinion, we conclude that the pertinent land cannot be part of the bankruptcy estate. Therefore, we vacate the grant of summary judgment to the Bankruptcy Trustee and remand for further proceedings.

VACATED and REMANDED.
Exhibit 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (a)
    
    the Form 10-Q of the Company for the quarter ended June 30, 2010 filed on the date
hereof with the Securities and Exchange Commission (the Report) fully complies with the
requirements of Section 13(a) or 15(d) of the Securities and Exchange Act of 1934; and(b)
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 By:
    /s/ KENNETH D. TUCHMANKenneth D. TuchmanChairman and Chief Executive Officer