alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit ____________

No. 22-11093

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Joseph Sandoval, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Northern District of Texas

USDC No. 5:22-CR-12-1

______________________________

Before Smith, Southwick, and Douglas, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Joseph Sandoval

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). Sandoval has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

_____________________

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

United States Court of Appeals

Fifth Circuit

FILED

May 2, 2023

Lyle W. Cayce

Clerk

Case: 22-11093 Document: 00516735264 Page: 1 Date Filed: 05/02/2023
No. 22-11093

2

concur 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: 22-11093 Document: 00516735264 Page: 2 Date Filed: 05/02/2023
Exhibit
32.2








CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





I,
Mitchell K. Dauerman, Chief Financial Officer of The Ultimate Software Group,
Inc., hereby certify to the best of my knowledge and belief that this Quarterly
Report on Form 10-Q fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) and
that the information contained in this Quarterly Report on Form 10-Q fairly
represents, in all material respects, the financial condition and results of
operations of The Ultimate Software Group, Inc.








/s/ Mitchell K. DauermanMitchell
      K. DauermanChief
      Financial OfficerNovember
      10, 2008
Exhibit 23.1
 Consent of Independent Registered Public Accounting Firm
  1.
    
    Registration Statement (Form S-8 No. 33-42634) pertaining to the Employee
Nonqualified Stock Option Plan2.
    
    Registration Statement (Form S-8 No. 333-32961) pertaining to the Second Amended and
Restated Employee Stock Option Plan3.
    
    Registration Statement (Form S-8 No. 33-72614) pertaining to the Employee Stock
Purchase Plan4.
    
    Registration Statement (Form S-8 No. 33-99164) pertaining to the SIG Holdings, Inc.
1992 Long Term Incentive Plan5.
    
    Registration Statement (Form S-8 No. 333-96293) pertaining to the Amended and
Restated Directors Stock Option Plan6.
    
    Registration Statements (Form S-3 No. 33-77028 and Form S-3 No. 333-86666) pertaining
to the shelf registration of securities of Delphi Financial Group, Inc.7.
    
    Registration Statement (Form S-3 No. 333-118052 and Form S-3 No. 333-136661)
pertaining to the registration of Class A Common Stock of Delphi Financial Group, Inc.8.
    
    Registration Statement (Form S-8 No. 333-134563) pertaining to the 2003 Employee
Long-Term Incentive and Share Award Plan, the Second Amended and Restated Employee Stock
Option Plan, the Second Amended and Restated Directors Stock Plan and the Employee Stock
Purchase Plan.9.
    
    Registration Statement (Form S-3 No. 333-142932) pertaining to the registration of
debt securities.10.
    
    Registration Statement (Form S-3 No. 333-156284) pertaining to the shelf registration
of securities of Delphi Financial Group, Inc.
  /s/ ERNST & YOUNG LLP

Philadelphia, Pennsylvania
February 28, 2009
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46890-46891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21524]


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

DEPARTMENT OF THE TREASURY


Departmental Offices; Interest Rate Paid on Cash Deposited To 
Secure U.S. Immigration and Customs Enforcement Immigration Bonds

AGENCY: Departmental Offices, Treasury.

[[Page 46891]]


ACTION: Notice.

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

SUMMARY: For the period beginning October 1, 2017, and ending on 
December 31, 2017, the U.S. Immigration and Customs Enforcement 
Immigration Bond interest rate is 1.06 per centum per annum.

ADDRESSES: Comments or inquiries may be mailed to Sam Doak, Reporting 
Team Leader, Federal Borrowings Branch, Division of Accounting 
Operations, Office of Public Debt Accounting, Bureau of the Fiscal 
Service, Parkersburg, West Virginia 26106-1328. You can download this 
notice at the following Internet addresses: http://www.treasury.gov or 
http://www.federalregister.gov.

DATES: Applicable October 1, 2017 to December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Adam Charlton, Manager, Federal 
Borrowings Branch, Office of Public Debt Accounting, Bureau of the 
Fiscal Service, Parkersburg, West Virginia 26106-1328, (304) 480-5248; 
Sam Doak, Reporting Team Leader, Federal Borrowings Branch, Division of 
Accounting Operations, Office of Public Debt Accounting, Bureau of the 
Fiscal Service, Parkersburg, West Virginia 26106-1328, (304) 480-5117.

SUPPLEMENTARY INFORMATION: Federal law requires that interest payments 
on cash deposited to secure immigration bonds shall be ``at a rate 
determined by the Secretary of the Treasury, except that in no case 
shall the interest rate exceed 3 per centum per annum.'' 8 U.S.C. 
1363(a). Related Federal regulations state that ``Interest on cash 
deposited to secure immigration bonds will be at the rate as determined 
by the Secretary of the Treasury, but in no case will exceed 3 per 
centum per annum or be less than zero.'' 8 CFR 293.2. Treasury has 
determined that interest on the bonds will vary quarterly and will 
accrue during each calendar quarter at a rate equal to the lesser of 
the average of the bond equivalent rates on 91-day Treasury bills 
auctioned during the preceding calendar quarter, or 3 per centum per 
annum, but in no case less than zero. [FR Doc. 2015-18545] In addition 
to this Notice, Treasury posts the current quarterly rate in Table 2b--
Interest Rates for Specific Legislation on the TreasuryDirect Web site.

Gary Grippo,
Deputy Assistant Secretary for Public Finance.
[FR Doc. 2017-21524 Filed 10-5-17; 8:45 am]
 BILLING CODE 4810-25-P
**Exhibit 31.2**

 

I, James Green, certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of the registrant, Digital Lightwave, Inc. 

 

2. Based on my knowledge, this report does not contain any untrue statementof 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 financialinformation 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 and I are responsible forestablishing 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 oursupervision, 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 report is being prepared;

 

(b) evaluated the effectiveness of theregistrant’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 inthe 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 isreasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer 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 function): 

 

(a) all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting whichare 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’sinternal controls over financial reporting. 

 

Date: August 16, 2004
# Fourth Court of Appeals

**San Antonio, Texas**

January 14, 2015

No. 04

- 14

- 00843

- CR

Shawn L. SANDERS

, Appellant

v.

The STATE of Texas

, Appellee

From the 227th Judicial District Court

, Bexar County, Texas

Trial Court No. 2012CR5452

Honorable Philip A. Kazen, Jr. , Judge Presiding

ORDER

In accordance with this court’s opinion of this date, this appeal is DISMISSED FOR LACK

OF JURISDICTION.

It is so ORDERED on January 14, 2014

.

_____________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 14 th day of January, 2015

.

_____________________________ Keith E. Hottle, Clerk
I 

112TH CONGRESS 

1ST SESSION H. R. 325 

To amend the Clean Air Act to delay the effect of reclassifying certain 

nonattainment areas adjacent to an international border, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 19, 2011 

Mr. FILNER introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Clean Air Act to delay the effect of reclassifying certain nonattainment areas adjacent to an international border, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FAIR (Foreign Air 

5 Impact Regulation) AIR Act of 2011’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 325 IH

1 SEC. 2. RECLASSIFICATION OF NONATTAINMENT AREA AD2 JACENT TO A FOREIGN COUNTRY. 

3 (a) AMENDMENT.—Section 179B of the Clean Air 

4 Act (42 U.S.C. 7509a) is amended by adding at the end 

5 the following: 

6 ‘‘(e) DELAY OF EFFECTIVE DATE OF RECLASSIFICA7 TION.— 

8 ‘‘(1) APPLICATION.—This subsection applies to 

9 a nonattainment area if— 

10 ‘‘(A) the area is adjacent to a foreign 

11 country; and 

12 ‘‘(B) the State in which the area is located, 

13 in consultation with the regional air quality au14 thority involved, submits to the Administrator a 

15 claim that the area would have attained the na16 tional ambient air quality standard for the air 

17 pollutant involved by the applicable attainment 

18 date, but for emissions emanating from outside 

19 of the United States. 

20 ‘‘(2) DELAY OF EFFECTIVE DATE.—The reclas21 sification of an area described in paragraph (1) to 

22 a higher classification of nonattainment shall not 

23 take effect unless the Administrator finds that each 

24 of the following is satisfied: 

25 ‘‘(A) The Secretary of State shall— 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 325 IH

1 ‘‘(i) enter into negotiations with the 

2 appropriate officials of the foreign country 

3 involved, in consultation with local leaders 

4 in the nonattainment area, air quality 

5 monitoring organizations, and other appro6 priate public and private entities, to de7 velop a plan for improving the air quality 

8 of the international area encompassing the 

9 nonattainment area; and 

10 ‘‘(ii) submit the plan developed under 

11 clause (i) to the Congress. 

12 ‘‘(B) The Administrator, taking into con13 sideration the plan developed under clause (i) of 

14 subparagraph (B), shall take such actions as 

15 may be appropriate, including the provision of 

16 assistance to local and international air quality 

17 groups, to improve the air quality of the non18 attainment area.’’. 

19 (b) APPLICABILITY.—The amendment made by this 

20 Act applies to the reclassification of a nonattainment area 

21 without respect to whether such reclassification occurs be22 fore the date of the enactment of this Act. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
Exhibit



Exhibit 10.16



AMENDMENT
TO THE LIFE INSURANCE ENDORSEMENT METHOD SPLIT
DOLLAR PLAN AGREEMENT FOR M. LANCE HALL
THIS AMENDMENT, made and entered into this 8th day of December, 2008, by and between Community Trust Bank, a bank organized and existing under the laws of the State of Louisiana (hereinafter referred to as the “Bank”), and M. Lance Hall, an Executive of the Bank (hereinafter referred to as the “Executive”), shall effectively amend the Community Trust Bank Life Insurance Endorsement Method Split Dollar Plan Agreement dated September 4, 2002 (hereinafter referred to as the “Agreement”) as specifically set forth herein.  Pursuant to Paragraph XVI of the Agreement, the Bank and the Executive hereby adopt the following amendment:
		
	1.) 
	Paragraph VI, “Division of Death Proceeds,” Subparagraph (B), shall be amended to delete the words “eighty percent (80%)” and to replace them with the words “sixty-two percent (62%).”


This Amendment shall be effective the 1st day of December, 2008.  To the extent that any term, provision, or paragraph of the Agreement is not specifically amended herein, or in any other amendment thereto, said term, provision, or paragraph shall remain in full force and effect as set forth in said Agreement.
IN WITNESS WHEREOF, the parties hereto acknowledge that each has carefully read this Amendment and executed the original thereof on the first day set forth hereinabove, and that, upon execution, each has received a conforming copy.
	
		
	COMMUNITY TRUST BANK

	Ruston, Louisiana

	 

	By:
	/s/ Linda Tuten

	 
	(Bank Officer other than Insured)

	 

	Title:
	CPO

	 

	EXECUTIVE

	 

	/s/  M. Lance Hall

	M. Lance Hall
#### In re LEEGATE CORPORATION, N.V., Debtor.

No. 97-13030-RGM.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

Jan. 27, 2010.

Stanley M. Salus, Akerman Senterfitt LLP, Vienna, VA, for Debtor.

W. Clarkson McDow, Jr., Jack Frankel, Office of the U.S. Trustee, Alexandria, VA, for U.S. Trustee.

*MEMORANDUM OPINION*

ROBERT G. MAYER, Bankruptcy Judge.

THIS CASE is before the court on the motion of the debtor’s attorney to reopen this chapter 11 case. An order confirming the chapter 11 plan was entered on May 11, 2000, and the case was closed on July 11, 2000.

The law firm acted as the disbursement agent for the debtor. Not all checks that were issued were cashed and there are now unclaimed funds of about $31,000 which are being held by the law firm. The law firm requests that the case be reopened so that it may pay the unclaimed funds to the clerk of this court to be held for the unpaid creditors. The United States Trustee objected to the motion.

Unless a chapter 11 plan provides otherwise, unclaimed funds are controlled by § 347(b) of the Bankruptcy Code. It provides that “any security, money, or other property remaining unclaimed at the expiration of time allowed in a case ... becomes the property of the debtor or of the entity acquiring the assets of the debtor under the plan, as the case may be.” 11 U.S.C. § 347(b).1 Thus, the unclaimed *71funds in the possession of the law firm belong to the debtor, not to the creditors.

Unfortunately, the law firm has lost contact with the debtor. The debtor was a Virginia corporation and the disposition of the funds the law firm holds is controlled by Virginia Code (1950), § 55-210.1 *et seq.,*the Uniform Disposition of Unclaimed Property Act. The statute provides that unclaimed funds — the money the law firm is now holding for the debtor — be paid over to the Unclaimed Property Division of the Virginia Department of Treasury. Unless the law firm reestablishes contact with the debtor within a reasonable time, it should pay the funds on hand to the Unclaimed Property Division of Virginia Department of Treasury and report the debt- or as the owner.

There being nothing that can be achieved by reopening the case, the motion will be denied. *In re Carberry,*186 B.R. 401 (Bankr.E.D.Va.1995).

1

. All chapter 11 plans should set the time within which securities are to be surrendered, checks cashed, and other property claimed. In the absence of such a plan provision, a reasonable period of time will be allowed. In *71this case, it has been almost ten years since the checks were mailed to the creditors.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONDENSED
CONSOLIDATED BALANCE SHEETS AS OF JANUARY 25, 1998 AND APRIL 27, 1997 (AUDITED)
AND CONDENSED CONSOLIDATED STATEMENT OF OPERATIONS FOR THE THIRTEEN WEEKS ENDED
JANUARY 25, 1998 AND JANUARY 26, 1997 (UNAUDITED) AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>          0000926295
<NAME>         BOSTON RESTAURANT ASSOCIATES, INC.
<MULTIPLIER>   1
<CURRENCY>     U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          APR-26-1998
<PERIOD-START>                             OCT-27-1997
<PERIOD-END>                               JAN-25-1998
<EXCHANGE-RATE>                                   1.00
<CASH>                                         243,129
<SECURITIES>                                         0
<RECEIVABLES>                                   28,863
<ALLOWANCES>                                         0
<INVENTORY>                                    226,829
<CURRENT-ASSETS>                               588,690
<PP&E>                                       4,809,302<F1>
<DEPRECIATION>                               2,005,011
<TOTAL-ASSETS>                               4,719,339
<CURRENT-LIABILITIES>                        1,114,095
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        50,157
<OTHER-SE>                                   1,435,937
<TOTAL-LIABILITY-AND-EQUITY>                 4,719,339
<SALES>                                      2,818,548
<TOTAL-REVENUES>                             2,824,442
<CGS>                                          570,668
<TOTAL-COSTS>                                2,724,125
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              73,019
<INCOME-PRETAX>                                 27,298
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    27,298
<EPS-PRIMARY>                                      .01
<EPS-DILUTED>                                      .01
<FN>
<F1>PLEASE NOTE: PP&E DOES NOT INCLUDE ACCUMULATED DEPRECIATION AND OTHER
INTANGIBLE ASSETS.
</FN>
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED STATEMENTS OF EARNINGS AND BALANCE SHEETS OF
INDUSTRI-MATEMATIK INTERNATIONAL CORP. AND SUBSIDIARIES ANNEXED HERETO AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0001016243
<NAME> INDUSTRI-MATEMATIK INTERNATIONAL CORP.

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               APR-30-2000
<PERIOD-START>                   MAY-1-1999
<PERIOD-END>                    JUL-31-1999
<CASH>                           19,940,000
<SECURITIES>                     29,808,000
<RECEIVABLES>                    23,651,000
<ALLOWANCES>                      5,695,000
<INVENTORY>                               0
<CURRENT-ASSETS>                 73,675,000
<PP&E>                           15,169,000
<DEPRECIATION>                    9,249,000
<TOTAL-ASSETS>                  105,648,000
<CURRENT-LIABILITIES>            25,651,000
<BONDS>                                   0
<COMMON>                            316,000
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<OTHER-SE>                       76,669,000
<TOTAL-LIABILITY-AND-EQUITY>    105,648,000
<SALES>                          16,465,000
<TOTAL-REVENUES>                 16,676,000
<CGS>                            12,500,000
<TOTAL-COSTS>                    12,558,000
<OTHER-EXPENSES>                 12,036,000
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                   28,000
<INCOME-PRETAX>                  (7,347,000)
<INCOME-TAX>                              0
<INCOME-CONTINUING>              (7,347,000)
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                     (7,347,000)
<EPS-BASIC>                         (0.23)
<EPS-DILUTED>                         (0.23)



</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial data extracted from the
     consolidated balance sheet and the consolidated statement of operations
     and is qualified in its entirety by reference to such schedules
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-Mos
<FISCAL-YEAR-END>               Mar-31-1998
<PERIOD-END>                    Jun-30-1998
<CASH>                          37,101
<SECURITIES>                    0
<RECEIVABLES>                   720,736
<ALLOWANCES>                    149,562
<INVENTORY>                     580,915
<CURRENT-ASSETS>                1,455,765
<PP&E>                          545,573
<DEPRECIATION>                  453,656
<TOTAL-ASSETS>                  3,220,874
<CURRENT-LIABILITIES>           2,332,756
<BONDS>                         0
<PREFERRED-MANDATORY>           0
<PREFERRED>                     2,030
<COMMON>                        196
<OTHER-SE>                      313,760
<TOTAL-LIABILITY-AND-EQUITY>    3,220,874
<SALES>                         1,126,346
<TOTAL-REVENUES>                1,126,346
<CGS>                           619,462
<TOTAL-COSTS>                   1,006,386
<OTHER-EXPENSES>                21,044
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              22,256
<INCOME-PRETAX>                 (520,546)
<INCOME-TAX>                    7,236
<INCOME-CONTINUING>             0
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    (527,782)
<EPS-PRIMARY>                   (.28)
<EPS-DILUTED>                   (.28)
        


</TABLE>