alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Roy Ellison THOMAS, Defendant-Appellant.

No. 10-20372

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 19, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Margaret Christina Ling, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

Appealing the judgment in a criminal case, Roy Ellison Thomas presents arguments that he concedes are foreclosed by *United States v. Daugherty,*264 F.3d 513, 518 (5th Cir.2001), which rejected a Commerce Clause challenge to the felon-in-possession-of-a-firearm statute, 18 U.S.C. § 922(g). The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
---

Exhibit 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS
ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report of China Marketing Media
Holdings, Inc. (the Company) on Form 10-K for the period ended December 31,
2009 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Yingsheng Li, President, Chief Executive Officer and Interim
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,
as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934; and

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

/s/Yingsheng LiYingsheng LiPresident, Chief Executive Officer andInterim Chief Financial Officer


April 14, 2010

A signed original of this written statement required by Section
906 has been provided to China Marketing Media Holdings, Inc. and will be
retained by China Marketing Media Holdings, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.

The forgoing certification is being furnished to the Securities
and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It is not being
filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-4673

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ERIC HOGAN,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Robert G. Doumar, Senior District Judge. (CR-98-77)

Submitted: February 15, 2000 Decided: February 28, 2000

Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Bryan Leslie Saunders, Newport News, Virginia, for Appellant.

Helen F. Fahey, United States Attorney, Robert E. Bradenham, II,

Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Eric Hogan was convicted for distributing cocaine base in violation of 21 U.S.C. § 841(a)(1) (1994). He was subsequently sentenced to 130 months’ imprisonment. On appeal, Hogan challenges

the sufficiency of evidence to support the jury’s verdict. We have

reviewed the record, and viewing the evidence in the light most

favorable to the government, we find sufficient evidence to support

Hogan’s conviction. See Glasser v. United States, 315 U.S. 60, 80

(1942).

Accordingly, we affirm Hogan’s conviction and sentence. We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
#### UNITED STATES of America, Appellee, v. Shawn SARVER, Appellant.

No. 07-2869.

United States Court of Appeals, Eighth Circuit.

Submitted: May 8, 2008.

Filed: May 16, 2008.

William M. Cromwell, Assistant U.S. Attorney, U.S. Attorney’s Office, Fort Smith, AR, for Appellee.

Daniel D. Becker, Hot Springs, AR, for Appellant.

Shawn Sarver, Beaumont, TX, pro se.

Before BYE, SMITH, and BENTON, Circuit Judges.

PER CURIAM.

Shawn Sarver challenges the sentence the district court1 imposed after he pleaded guilty to bank robbery, in violation of 18 U.S.C. *§*2113(a). On appeal, he argues that the district court erred in applying a 2-level increase for making a threat of death. *See*U.S.S.G. § 2B3.1(b)(2)(F).

Upon careful review, we conclude that the district court correctly applied section 2B3.1(b)(2)(F), because Sarver’s conduct would make a reasonable bank teller fear death. *See*U.S.S.G. § 2B3.1, comment. (n.6) (intent of provision is to provide increased offense level for cases in which offender engaged in conduct that would instill a fear of death in a reasonable victim); Un*ited States v. Jennette,*295 F.3d 290, 292 (2d Cir.2002) (concluding that reasonable teller, when faced with bank robber who demands money and states that he has gun, normally and reasonably would fear for his or her life); *United States v. Carbaugh,*141 F.3d 791, 794 (7th Cir.1998) (holding that statement “I have a gun” can constitute threat of death under Guidelines; threat of death need not include statement of readiness or willingness to use gun; reasonable teller would ordinarily experience fear of being shot when robber confronting her announces he has gun). *See generally United States v. Ingram,*501 F.3d 963, 968 (8th Cir.2007) *662(standard of review), *petition for cert, filed,*(U.S. Dec. 5, 2007) (No. 07-8093).

Accordingly, the judgment is affirmed.

1

. The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.
Electronically Filed

Intermediate Court of Appeals

CAAP-17-0000030

28-DEC-2017

10:28 AM
#### Robert WHITE, petitioner, v. KUBOTEK CORPORATION, et al.

No. 13-1215.

May 19, 2014.

Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.
EXHIBIT 35.1



                         ANNUAL STATEMENT OF COMPLIANCE


                      OFFICER'S CERTIFICATE OF THE SERVICER

In compliance with Section 4.04 (g) of the Indenture of Trust by and between
Nelnet Student Loan Trust 2006-1 and Zions First National Bank, as Trustee,
dated as of February 1, 2006, I, Terry J. Heimes, certify that:

1.      A review of the activities of the Master Servicer and of its performance
        under the Master Servicing Agreement during the period February 1, 2006
        through December 31, 2006 has been made under my supervision; and

2.      Based on my knowledge of such review, the Master Servicer has fulfilled
        in all material respects all its obligations under the Master Servicing
        Agreement during such period.

April 2, 2007




By:     /s/ TERRY J. HEIMES
        -------------------------------
        Terry J. Heimes
        Chief Financial Officer,
        Treasurer,
        National Education Loan Network, Inc.
#### Marjolene Mahautiere, Appellant, v New York City Transit Authority, Respondent.

[988 NYS2d 241]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Gavrin, J.), dated May 17, 2012, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained as a result of the defendant’s alleged failure to provide adequate air conditioning on a subway line operated by the defendant, on which the plaintiff was a passenger.

A party moving for summary judgment has the initial burden of demonstrating its entitlement to judgment as a matter of law *(see Wright v New York City Tr. Auth.,*309 AD2d 800 [2003]; *Sutherland v Whylie,*292 AD2d 518 [2002]). Here, the defendant satisfied its prima facie burden by establishing, inter alia, that its gratuitous provision of air conditioning “created no justifiable reliance” on the part of the plaintiff *(Heard v City of New York,*82 NY2d 66, 73 [1993]) and thus, its purported failure to cool the train car on which the plaintiff was riding at the time of the incident did not place her “in a more vulnerable position than [she] would have been in had defendant done nothing” *(id.*at 72; *see Malpeli v Yenna,*81 AD3d 607, 608-609 *855[2011]). In opposition, the plaintiff failed to raise a triable issue of fact.

The parties’ remaining contentions are either without merit or need not be addressed in light of our determination.

Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint.

Skelos, J.E, Dillon, Roman and Maltese, JJ., concur.
----

----

| 1. | Recitals.  The      foregoing recitals are true andcorrect. |
|----|-----------------------------------------------------------------------|

| 2. | Employment Agreement      Amendment |
|----|-------------------------------------|

| 3. | This      Amendment shall be deemed part of, but shall take precedence over and      supersede any provisions to the contrary contained in the Employment      Agreement. All initial capitalized terms used in this Amendment shall have      the same meaning as set forth in the Employment Agreement unless otherwise      provided.  Except as specifically modified hereby, all of the      provisions of the Employment Agreement which are not in conflict with the      terms of this Amendment shall remain in full force and    effect. |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 4. | Counterparts.  This      Amendment may be executed in any number of counterparts, including      facsimile signatures which shall be deemed as original      signatures.  All executed counterparts shall constitute one      Amendment, notwithstanding that all signatories are not signatories to the      original or the same counterpart. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| CHINA      DIRECT, INC.  By:      ______________________Name:      ____________________Title:      _____________________ | EMPLOYEE  ___________________________________Name:      ____________________Title:      _____________________ |
|------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------|

----
Exhibit 32.2





Certification of Chief Financial Officer pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





In connection with the amended annual reportof AGR Tools, Inc. (the "Company") on Form 10-K/A for the period ended October 31, 2009 as filed with the Securities and Exchange Commission (the "Report"), the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant
to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my 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.








Dated:  February 26, 2010


By: /s/ Michael Killman
 Michael Killman
 Chief Financial Officer and Principal Accounting Officer
IN THE SUPREME COURT FOR THE STATE OF MONTANA

No. DA 23-0407

PATRICK A. MALLOY, III,

Plaintiff/Appellant, 

 

 vs. 

BETTINA J. WEILER MALLOY HUNT,

PROVIDENCE ST. PATRICK HOSPITAL,

PROVIDENCE HEALTH SERVICES, and 

JOHN DOES 1-5,

Defendants/Appellees.

 

ORDER

Upon consideration of Appellant’s motion for a 30-day extension of time,

and good cause appearing therefrom, Appellant is granted an extension of time to

and including November 8, 2023, within which to prepare, file, and serve its

response brief.

Signed this _____day of __________, 2023

____________________________________

Bowen Greenwood, Clerk of the Supreme Court

Electronically signed by:

Bowen Greenwood

Clerk of the Supreme Court

October 10 2023

10/10/2023

Case Number: DA 23-0407
[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Pages 49603-49604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23296]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-18-000]


Midcontinent Independent System Operator, Inc.; Notice of 
Institution of Section 206 Proceeding and Refund Effective Date

    On October 19, 2017, the Commission issued an order in Docket No. 
EL18-18-000, Midcontinent Indep. Sys. Operator, Inc., 161 FERC 61,057 
(2017) (October 2017 Order), pursuant to section 206 of the Federal 
Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation to 
examine the Midcontinent Independent System Operator, Inc. (MISO) 
Transmission Owners Agreement and any other Commission-jurisdictional 
MISO documents that must be revised to fully implement the refund 
commitment concerns identified in the Commission's July 21, 2016 order 
in Docket No. EL16-99-000 in Ark. Elec. Coop. Corp. v. ALLETE, Inc., 
156 FERC 61,061 (2016). The October 2017 Order also consolidated Docket 
Nos. EL16-99-000 and EL18-18-000.
    The refund effective date in Docket No. EL18-18-000, 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. EL18-18-
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.


[[Page 49604]]


    Dated: October 19, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-23296 Filed 10-25-17; 8:45 am]
 BILLING CODE 6717-01-P
----

| (1) | The      Quarterly Report on Form 10-Q for the period ending June 30, 2008 of      FindEx.com, Inc. (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 FindEx.com,      Inc. |
|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | By:    | /s/      Steven Malone                                                           |
|--------|--------|----------------------------------------------------------------------------------|
|   |   | Steven      Malone                                                               |
|   |   | President      & Chief Executive Officer                                     |
|   |   |                                                                             |
|   | By:    | /s/      Kirk R. Rowland                                                         |
|   |   | Kirk      R. Rowland                                                             |
|   |   | Chief      Financial Officer (Principal Financial &      Accounting Officer) |
|   |   |                                                                             |

----
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                           AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350



                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                           AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report On Form 10-QSB of Viva
International, Inc. for the Quarter Ended September 30, 2004, I, Syed A. Hasan,
Chief Executive Officer and I Robert J. Scott Chief Financial Officer of Viva
International, Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best
of my knowledge and belief, that:

     1.   Such Quarterly Report on Form 10-QSB for the period ended September
          30, 2004, 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 such Quarterly Report on Form 10-QSB for
          the period ended September 30, 2004, fairly presents, in all material
          respects, the financial condition and results of operations of Viva
          International, Inc.

Dated: November 22, 2004

VIVA INTERNATIONAL, INC.


/s/    Robert J. Scott
------------------------------------
       Robert J. Scott
       Chief Financial Officer


/s/   Syed A. Hasan
------------------------------------
      Syed A. Hasan
      Chief Executive Officer &
      Board member
<PAGE>



                                                                    Exhibit 99.2


                    Certification of Chief Financial Officer
                           Pursuant to 18 U.S.C. 1350
                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)



         I, Ethan D. Hokit, Chief Financial Officer of Military Resale Group,
Inc. (the "Registrant"), do 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 my knowledge, based upon a review of Amendment No. 1 to the
Quarterly Report on Form 10-QSB/A for the quarterly period ended March 31, 2003
of the Registrant, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"):

         (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.


                                             By: /s/ Ethan D. Hokit
                                             ------------------------------
                                             Name: Ethan D. Hokit Title: Chief
                                             Financial Officer


June 17, 2003

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

A signed original of this written statement required by Section 906 has been
provided to Military Resale Group, Inc. and will be retained by Military Resale
Group, Inc. and furnished to the Securities and Exchange Commission or its staff
upon request.

<PAGE>
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 Annual Report on Form 10-K of Verigy Ltd. (the Company) for the fiscal year ended October 31, 2009 filed with the Securities and Exchange Commission (the
Report), I, Robert J. Nikl, 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 my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and
| | --- | ------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the consolidated financial condition of the Company as of the dates presented and
consolidated results of operations of the Company for the periods presented.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |                                           
|----------------------- |  | ------------------------------------------
|Date: December 21, 2009 |  | /s/  ROBERT J.
NIKL                       
|                        |  | Robert J. Nikl                            
|                        |  | Vice President and Chief Financial Officer
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, 2010
(“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 EssexName:
      Yahia Gawad
                        Title:  Chief
      Executive Officer
                      
                      Name:
      James Essex
                        Title:
      Chief Financial OfficerDate:
      March 17, 2010