alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

11

- 5273

- cr United States v. Opoku

-

Agyemang

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT



## SUMMARY ORDER

Rulings by summary order do not have precedential effect. Citation to a summary order

filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate

Procedure 32.1 and this court’s Local Rule 32.1.1. When citing a summary order in a

document filed with this court, a party must cite either the Federal Appendix or an

electronic database (with the notation “summary o rder”). A party citing a summary order

must serve a copy of it on any party not represented by counsel.

At a stated term of the United States Court of Appeals for the Second Circuit, held at

the Thurgood Marshall United States Courthouse, 40 Foley Sq uare, in the City of New

York, on the 5 th day of February , two thousand fourteen

.

PRESENT:

J OSÉ A. C ABRANES

, S USAN L. C ARNEY

, C HRISTOPHER F. D RONEY

, Circuit Judges

.

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

U NITED S TATES OF A MERICA

,

Appell ee ,

- v.

- No. 11

- 5 2 73

- cr

K OFI O POKU

- A GYEMANG

,

Defendant

- Appell ant

.

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

FOR APPELLEE : R AJIT S. D OSANJ H , Assistant United States

Attorney, for Richard S. Hartunian

, United

States Attorney for the Northern District of

New York, Syracuse , NY

.

FOR DEFENDANT

- APPELLANT : S TEVEN Y UROWITZ , Newman & Greenberg

, New York , NY

.2

Appeal from a judgment , entered Decemb er 16, 2011

, of the United States District Court

for the Northern District of New York ( Thomas J. McAvoy

, Judge ).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,

AND DECREED that the judgment of the District Court is AFFIRMED

.

Defendant Kofi Opoku

- Agyemang (“Opoku”) timely appeals his conviction and subseq uent

sentence on charges of possession of a stolen access device (here, credit card numbers) with intent

to defraud, in violation of 18 U.S.C. § § 1029(a)(3) and (b)(1) , and possession of images of United

States currency with intent to defraud , in violation of 18 U.S.C. § § 474(a) and 481

.

Opoku challenges his conviction and sentence on numerous grounds. Specifically, Opoku

argues that (1) the District Court erred by admitting evidence of his prio r conviction; (2) his waiver

of his right to counsel was not “knowing and intelligent”; (3) the evidence was insufficient to

support a conviction on Count Two ; (4) the District Court erred when it denied him a continuance

to consult an expert and limiting his cross

- examination of Government witnesses ; (5) Opoku was

not competent to represent himself at sentencing; and (6) his sentence was procedurally and

substantively unreasonable.

We have reviewed the record and considered all of Opoku’s arguments on appe al and find

them to be without merit

. Accordingly

, we AFFIRM the judgment of the District Court entered

December 16, 2011

.

FOR THE COURT,

Catherine O’Hagan Wolfe, Clerk of Court
Opinion issued March 14, 2023

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-22-00658-CV

———————————

IN RE WENDY HERNANDEZ, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Wendy Hernandez, filed a petition for a writ of mandamus,

challenging the trial court’s August 26, 2022 “Temporary Order.”1 In her petition, 

Hernandez argued that the trial court erred in entering the order because: (1) the trial 

court lacked jurisdiction “to issue an order of immediate possession of real property” 

1 The underlying case is Diana Castano v. Manuel Reyes, Cause Number 

21-DCV-288227, in the 328th District Court of Fort Bend County, Texas, the 

Honorable Monica Rawlins presiding.
2

and (2) the trial court’s August 26, 2022 Temporary Order is a temporary injunction 

that is “void on its face,” as it “fails to provide for provisions for the posting of a 

bond.”

The August 26, 2022 Temporary Order was signed by the Honorable Walter 

Armatys. Judge Armatys ceased to hold the office of judge of the 328th District 

Court of Fort Bend County and was succeeded by the Honorable Monica Rawlins. 

Accordingly, on February 2, 2023, the Court entered an order substituting Judge 

Rawlins as the respondent in this original proceeding. See TEX. R. APP. P. 7.2(a). 

The Court further abated this original proceeding for petition for writ of mandamus 

to allow Judge Rawlins an opportunity to reconsider the ruling made the basis of 

Hernandez’s mandamus petition. See TEX. R. APP. P. 7.2(b) (“If the case is an 

original proceeding under [Texas Rule of Appellate Procedure] 52, the court must 

abate the proceeding to allow the successor to reconsider the original party’s 

decision.”).

On February 28, 2023, Hernandez filed a “Notice of Trial Court’s Rendition 

and Request to Supplement Court’s Record.” In her notice, Hernandez stated that 

the trial court held a hearing to allow Judge Rawlins an opportunity to reconsider the 

August 26, 2022 Temporary Order, and on February 28, 2023, the trial court entered 

a rendition “setting aside the Temporary Order[] signed on August 26, 202[2].” 

Hernandez further stated that she “believe[d] this . . . ma[de] her [p]etition for [writ 
3

of] [m]andamus moot as the order [challenged] ha[d] been set aside,” and that she 

“ha[d] no objection to her [p]etition for [writ of] [m]andamus being dismissed as 

[m]oot.”

We construe Hernandez’s notice as a motion to dismiss her petition for writ 

of mandamus. Hernandez’s motion does not include a certificate of conference, but 

more than ten days have passed since her motion was filed, and no party has opposed 

the relief requested in the motion. See TEX. R. APP. P. 10.3(a)(2). 

Accordingly, we reinstate the original proceeding for petition of writ of 

mandamus and grant Hernandez’s motion and dismiss the petition. We dismiss any

other pending motions as moot.

PER CURIAM

Panel consists of Justices Hightower, Rivas-Molloy, and Farris.
EXHIBIT 32.2

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 TiVo Inc. (the Company) Quarterly Report on Form 10-Q for the period ending October 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Anna Brunelle, 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, 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, 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 Company at the dates and for the periods
indicated.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: December 10, 2008



/s/ ANNA BRUNELLEAnna BrunelleChief Financial Officer (Principal Financial and Accounting Officer)
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                    
                -                       the agency docket number / agency internal file number                    
                -                       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.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. EL18-17-000]

                    On October 19, 2017, the Commission issued an order in Docket No. EL18-17-000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation into whether the Open Access Transmission, Energy and Operating Reserve Markets Tariff of Midcontinent Independent System Operator, Inc. may be unjust, unreasonable, unduly discriminatory or preferential.                     *Midcontinent Indep. Sys. Operator, Inc.,*                     161 FERC 61,076 (2017).                

                    The refund effective date in Docket No. EL18-17-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the                     **Federal Register**                    .                

Any interested person desiring to be heard in Docket No. EL18-17-000 must file a notice of intervention or motion to intervene, as appropriate, with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rule 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 21 days of the date of issuance of the order.

Dated: October 19, 2017.

Nathaniel J. Davis, Sr.,

Deputy Secretary.

[FR Doc. 2017-23295 Filed 10-25-17; 8:45 am]

 BILLING CODE 6717-01-P
<PAGE>

                                                                    EXHIBIT 32.1

                        SECTION 906 CERTIFICATION BY THE
               CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

     Each of Thomas J. Mazzarisi, Chief Executive Officer, and Stephen J.
Schoepfer, Chief Financial Officer, of JAG Media Holdings, Inc., a Nevada
corporation (the "Company") hereby certifies pursuant to 18 U.S.C. ss. 1350, as
added by ss. 906 of the Sarbanes-Oxley Act of 2002, that:

     (1)  The Company's periodic report on Form 10-QSB for the period ended
          April 30, 2006 ("Form 10-QSB") fully complies with the requirements of
          Section 13(a) of the Securities Exchange Act of 1934, as amended; and

     (2)  The information contained in the Form 10-QSB fairly presents, in all
          material respects, the financial condition and results of operation of
          the Company.

CHIEF EXECUTIVE OFFICER                 CHIEF FINANCIAL OFFICER

/s/ Thomas J. Mazzarisi                 /s/ Stephen J. Schoepfer
-------------------------------------   ----------------------------------------
Name: Thomas J. Mazzarisi               Name: Stephen J. Schoepfer

Date: June 16, 2006
**Exhibit 32**

 

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

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

The undersigned, the Chief Executive Officer and the Chief Financial Officer of Congaree Bancshares, Inc. (the “Company”), hereby certifies that, to his knowledge on the date of this certification:

 

1.               The annual report of the Company for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on this date (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.

 
| Date:  | March   31, 2011 |   | By:                                     | /s/   Charles A. Kirby    |
|--------|------------------|--------|-----------------------------------------|---------------------------|
|   |             |   | Charles   A. Kirby                      |
|   |             |   | President   and Chief Executive Officer |
|   |             |   | (Principal   Executive Officer)         |
|   |             |   |                                    |                      |
|   |             |   |                                    |                      |
| Date:  | March   31, 2011 |   | By:                                     | /s/   Charlie T. Lovering |
|   |             |   | Charlie   T. Lovering                   |
|   |             |   | Chief   Financial Officer               |
|   |             |   | (Principal   Financial Officer)         |

 

1

----
* 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 April 13, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-40904 Summary Calendar

UNITED STATES OF AMERICA Plaintiff - Appellee

v. ARTEMIO GONZALEZ Defendant - Appellant

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:03-CR-67-9

-------------------- Before KING, Chief Judge, and HIGGINBOTHAM and PRADO, Circuit Judges. PER CURIAM: * Artemio Gonzalez appeals from his guilty-plea conviction and sentence for conspiring to possess 500 grams or more, but less than five kilograms, of a mixture or substance containing a detectable amount of cocaine, in violation of 21 U.S.C. § 846. Although the district court sustained Gonzalez’s objections to the enhancement of his sentence as a career offender pursuant to U.S.S.G. § 4B1.1 and to the calculation of his criminal history score, Gonzalez argues that the district court erred when itNo. 04-40904 -2- refused to grant a downward departure or sentence Gonzalez to the low end of the Guidelines range. Gonzalez has failed to adequately brief the issue of whether the district court erred when it declined to grant a downward departure. See F ED . R. A PP . P. 28(a)(9); see Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993). He therefore has failed to show that the district court erred with respect to this issue. Furthermore, to the extent that Gonzalez is arguing that the district court erred when it did not sentence him to the low end of the Guidelines range, this argument lacks merit. Gonzalez does not argue that the district court failed to consider appropriate sentencing factors, that the district court erred when it calculated his Guidelines range, or that his sentence was unreasonable. Gonzalez’s sentence is therefore AFFIRMED. See United States v. Mares , _ F.3d _, No. 03-21035, 2005 WL 503715 at *5 (5th Cir. March 4, 2005)

. For the foregoing reasons, the judgment of the district court is AFFIRMED.
EXHIBIT 32.1



Section 906 Certification by the Chief
Executive Officer and Chief Financial Officer



Each of Yahia Gawad, Chief Executive Officer,
and James Essex, Chief Financial Officer, of CardioGenics Holdings Inc., a Nevada corporation (the “Company”) hereby
certifies pursuant to 18 U.S.C. ss. 1350, as added by ss. 906 of the Sarbanes-Oxley Act of 2002, that, to their knowledge:



(1) The Company’s periodic report on Form 10-Q
for the period ended January 31, 2012 (“Form 10-Q”) 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 Form 10-Q fairly
presents, in all material respects, the financial condition and results of operation of the Company.



|/s/ Yahia Gawad                                          |  | /s/ James Essex                                         
|-------------------------------------------------------- |  | --------------------------------------------------------
|                                                         |  |                                                         
|Name: Yahia Gawad
        Title: Chief Executive Officer |  | Name: James Essex
        Title: Chief Financial Officer
|                                                         |  |                                                         
|Date: April 13, 2012                                     |  |
Order entered March 6, 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 18 - 01031 - CV DON WRIGHT, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 330th Judicial D istrict Court

Dallas County, Texas Trial Court Cause No. DF - 18 - 12124



### O RDER Before the Court is appellant’s motion to extend time to file brief

. We GRANT the motion and ORDER the brief received by the Court March 5, 2019 filed as of the date of this orde r.

/s/ KEN MOLBERG JUSTICE
ex35 a) [Aurora Loan Services Logo] Depositor:  Structured Asset Securities Corporation                    745 Seventh Avenue, 8th Floor                      New York, NY 10019 Trustee:      US Bank, N.A.                      One Federal Street, 3rd Floor                    Boston, MA 02110 Securities Administrator:   Subject: Annual Officer's Certification Fiscal Year: 2006 Securitization: LXS 2006-3 I, E. Todd Whittemore, the undersigned, a duly authorized officer of Aurora Loan Services LLC (the "Master Servicer"), do certify the following for the Calendar Year 2006: 1.    A review of the activities of the Master Servicer during the preceding calendar year (or portion thereof) and of its performance under the Agreement for such period has been made under my supervision. 2.     To the best of my knowledge, based on such review, the Master Servicer has fulfilled all of its obligations under the Agreement in all material aspects throughout 2006 (or applicable portion thereof), or, if there has been a failure to fulfill any such obligation in any material respect, I have specifically identified to  the  Depositor, and the Trustee each such failure known to me and the nature and status thereof, including the steps being taken by the Master Servicer to remedy such default. Certified by:  AURORA LOAN SERVICES LLC By: /s/  E. Todd Whittemore Name:  E. Todd Whittemore Title:    Executive Vice President b) AURORA LOAN SERVICES Depositor: Structured Asset Securities Corporation  Attention: Mortgage Finance LXS 2006-3  *745*7th Avenue, 7th Floor  New York, NY 10019  Master Servicer: Aurora Loan Services LLC  Chris Baker  327 Inverness Drive South  Englewood, CO 80112  Trustee: US Bank N.A.  Structured Finance LXS 2006-3 One Federal Street, Third Floor  Boston, Massachusetts 02110  Subject: Annual Officer's Certification  Fiscal Year: 2006  Investor Code: F75  Investor Name: LXS 2006-3 I, Terry Gentry, the undersigned, a duly authorized officer of Aurora Loan Services LLC (the "Servicer"), do certify the following for the Calendar Year 2006:  1. A review of the activities of the Servicer during the preceding calendar year (or portion thereof) and of its performance under the Agreement for such period has been made under my supervision.  2. To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Agreement in all material aspects throughout 2006 (or applicable portion thereof), or, if there has been a failure to fulfill any such obligation in any material respect, I have specifically identified to the Master Servicer, the Depositor, and the Trustee each such failure known to me and the nature and status thereof, including the steps being taken by the Servicer to remedy such default.  Certified by: AURORA LOAN SERVICES LLC  By     /s/  Terry L. Gentry Name: Terry L. Gentry  Title: Managing Director
EXHIBIT 31.1



CHIEF EXECUTIVE OFFICER CERTIFICATION



I, James F. Carroll, certify that:



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



2. Based on my knowledge, this quarterly 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 quarterly report;



3. Based on my knowledge, the financial statements, and other financial information included in this quarterly 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 quarterly report;



4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we 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, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly 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 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 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 controls 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: April 16, 2007















/s/ James F. Carroll









James F. Carroll









President and Chief Executive Officer
Table of Contents
 Exhibit 15.1
Consent of Engeval Engenharia de Avaliações S/C Ltda May 31, 2010 TAM S.A.
TAM Linhas Aéreas S.A.
TAM Capital Inc. c/o TAM S.A.
Av. Jurandir, 856, Lote 4, 1° andar
04072‐000, São Paulo, SP
Federative Republic of Brazil Ladies and Gentlemen: We, Engeval Engenharia de Avaliações S/C Ltda., part of the ArcaLaudis  Global Network of International Valuers and Loss Assessors, hereby consent to being named in the amended Annual Report on Form 20‐F of TAM S.A., TAM Linhas Aéreas S.A. and TAM Capital Inc. (together, "TAM") for the year ended December 31, 2008 (the "2008 20‐F") in reference to our preparation of valuations of TAM's flight equipment as at January 1, 2007, December 31, 2007 and December 31, 2008. We also consent to the incorporation by reference of the 2008 20‐F into (a) the Registration Statement on Form F‐3 of TAM S.A. (File No. 333‐147020), TAM Linhas Aéreas S.A. (File No. 333‐147020‐01) and TAM Capital Inc. (File No. 333‐147020‐02), in each case including all amendments thereto. Very truly yours, /s/ Engeval Engenharia de Avaliações S/C Ltda.,
part of the ArcaLaudis  Global Network of International Valuers and Loss Assessors


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