alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
306 WEST BROADWAY AVENUE

FORT WORTH, TEXAS 76104 

817.332.8505 MAIN/817.332.8548 FAX

LABORCOUNSEL.NET 

March 17, 2015 

Jeffrey D. Kyle, Clerk 

Court of Appeals 

Third District of Texas

Post Office Box 12547 

August, Texas 78711

RE: Court of Appeals Number: 03-14-00693-CV

 Trial Court Case Number: C2014-0928A 

Style: City of New Braunfels; Jan Kotylo, in her official capacity; Pat Clifton, in his 

official capacity; and Fritz Welsch, in his official capacity v. Joseph Tovar 

 

Dear Mr. Kyle:

 On behalf of the City of New Braunfels, Jan Kotylo, Pat Clifton and Fritz Welsch, in their 

official capacities, please find enclosed three (3) copies of the Brief of Appellants, as well as three 

(3) copies of the Appellants’ Reply Brief to Brief of Appellee. This matter is set for argument on 

April 22, 2015 at 1:30 P.M. 

 As always, should you have any questions concerning this matter, please do not hesitate to 

contact my office.

 

 

 Very truly,

 /s/ Bettye Lynn

 Bettye Lynn

Lynn@laborcounsel.net 

 Direct Dial: 817.332.8504 

BL/jc

 

Electronically Serve:

Mr. Chad Hyde, TMPA 

6200 La Calma Drive, Suite 200 

Austin, Texas 78752 

Chad.Hyde@tmpa.org 

Original Documents Sent Via Federal Express, Express Overnight

ACCEPTED

03-14-00693-CV

4528820

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/17/2015 1:05:57 PM

JEFFREY D. KYLE

CLERK

 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/17/2015 1:05:57 PM JEFFREY D. KYLE Clerk
| (1)  | the      annual report on Form 10-K/A of the Company for the period      endedMarch      31, 2009 (the "Report") fully complies with the requirements      of Section 13(a) or 15(d) of the Securities Exchange Act      of 1934 (15 U.S.C. 78m or 78o(d));and |
|-----------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| (2)  | the      information contained in the Report fairly presents, in allmaterial      respects, the financial condition and results of operations      of the Company. |
|-----------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                      |   |                                       |   |
|---------------------------|--------|--------------------------------------------|--------|
| Dated:      July 29, 2009 | By:    | /s/ Sean      E. Menke                |   |
|                      |   | Sean      E. Menke                         |   |
|                      |   | President      and Chief Executive Officer |   |
|                      |   |                                       |   |
#### UNITED STATES of America, Appellee, v. Gary Alan LYNCH, Appellant.

No. 08-1025.

United States Court of Appeals, Eighth Circuit.

Submitted: May 7, 2008.

Filed: May 9, 2008.

Joel W. Barrows, Assistant U.S. Attorney, Davenport, IA, for Appellee.

John P. Messina, Assistant Federal Public Defender, Des Moines, IA, for Appellant.

Gary Alan Lynch, Gailsburg, IL, pro se.

Before BYE, M. SMITH, and BENTON, Circuit Judges.

[UNPUBLISHED]

PER CURIAM.

Gary Alan Lynch challenges the sentence the district court1 imposed after revoking his supervised release. On appeal, he argues that the district court imposed an unreasonable sentence because it did not determine that prison was the most effective means of treatment for his substance abuse problem, and because his 12-month prison sentence is “greater than necessary” to meet the statutory goals of sentencing under 18 U.S.C. § 3553(a).

The district court is not required to explicitly state that prison was the most effective means of treating Lynch’s medical needs. *See United States v. White Face,*383 F.3d 733, 740 (8th Cir.2004) (district court need not mechanically list every § 3553(a) consideration when sentencing defendant upon revocation of supervised release; all that is required is evidence that court has considered relevant matters and that some reason be stated for its decision; if sentencing judge refers to some considerations contained in § 3553(a), appellate court is ordinarily satisfied that district court was aware of entire contents of relevant statute).

We conclude that Lynch’s sentence is not unreasonable. *See*18 U.S.C. § 3583(e), (h) (authorizing up to 2-year prison term upon revocation of supervised release where original offense was Class C felony; court may also order subsequent supervised release for term not to exceed term of supervised release authorized by statute for original offense minus any term of imprisonment imposed upon revocation); *United States v. Tyson,*413 F.3d 824, 825-26 (8th Cir.2005) (per curiam) (court reviews revocation sentences under “unreasonableness” standard announced in *United States v. Booker,*543 U.S. 220, 258-63, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005)).

Accordingly, we grant counsel’s motion to withdraw and affirm.

1

. The Honorable John A. Jarvey, United States District Judge for the Southern District of Iowa.
**Exhibit      32.2**

**CERTIFICATION      OF CHIEF FINANCIAL OFFICER**

**UNDER**

**SECTION      906 OF THE SARBANES-OXLEY ACT**

|                                       |   |                                                                                                                                                                                                                                                                                                                                              |
|--------------------------------------------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Date: November                9, 2006 |   | /s/                JOSEPH J. WALLACE                                                                                                                                                                                                                                                                                                              |
|                                       |   | Joseph                J. Wallace                                                                                                                                                                                                                                                                                                                  |
|                                       |   | Chief                Financial Officer                                                                                                                                                                                                                                                                                                            |
|                                       |   |                                                                                                                                                                                                                                                                                                                                              |
|                                       |   | A                signed original of this written statement required by Section 906                has been                provided to Collectors Universe, Inc. and will be retained by Collectors                Universe, Inc. and furnished to the Securities and Exchange Commission                or                its staff upon request. |
Exhibit 32.1

CERTIFICATION 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 LaBranche & Co Inc. (the Company) on Form 10-Q for the period ended September 30, 2010, as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, George M.L. LaBranche, IV, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, and to the best of my knowledge, that:

1. the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; 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 end of, and for, the period covered by the Report.



|                       |  |  |  |     |  |                                |  |                                                
|---------------------- |  |  |  | --- |  | ------------------------------ |  | -----------------------------------------------
|Date: November 5, 2010 |  |  |  | By: |  | /s/ George M. L. LaBranche, IV
|                       |  |  |  |     |  | Name:                          |  | George M.L. LaBranche, IV                      
|                       |  |  |  |     |  | Title:                         |  | Chairman, Chief Executive Officer and President

The
foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and is not being filed as part of the Report or as a separate disclosure document. A signed original of this written statement required
by Section 906 has been provided to LaBranche & Co Inc. and will be retained by LaBranche & Co Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



-52-
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

In connection with the Annual Report of Super Luck, Inc. (the "Company") on Form 10-KSB/A for the year ended November 30, 2006 (the "Report"), I, Wilson Cheung, 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:

> 1) The Report fully complies with the requirement 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 Company's
> financial position and results of operations.

/s/Wilson Cheung



Wilson Cheung, Chief Financial Officer

March 2, 2007
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3250 Enrolled Bill (ENR)]

        H.R.3250

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 An Act

 
To designate the facility of the United States Postal Service located at 
  1210 West Main Street in Riverhead, New York, as the ``Private First 
           Class Garfield M. Langhorn Post Office Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. PRIVATE FIRST CLASS GARFIELD M. LANGHORN POST OFFICE 
BUILDING.
    (a) Designation.--The facility of the United States Postal Service 
located at 1210 West Main Street in Riverhead, New York, shall be known 
and designated as the ``Private First Class Garfield M. Langhorn Post 
Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Private 
First Class Garfield M. Langhorn Post Office Building''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
#### UNITED STATES of America, Plaintiff-Appellee v. Juan SANCHEZ-MAGANA, also known as Francisco Contreras-Cuevas, Defendant-Appellant.

No. 10-50714

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 19, 2011.

Joseph H. Gay, Jr., U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appel-lee.

Judy Fulmer Madewell, Henry Joseph Bemporad, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Juan Sanchez-Magana (Sanchez) has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Sanchez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We 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.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under die limited circumstances set forth in 5th Cir. R. 47.5.4.
### IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 16

- 10854 Conference Calendar

UNITED STATES OF AMERICA

,

Plaintiff

- Appellee

v.

FRANCISCO REYNA

- VASQUEZ

,

Defendant

- Appellant

Appeal from the United States District Court
for the Northern District of Texas USDC No. 3:15

- CR

- 360

- 1

Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

Appealing the judgment in a criminal case, Francisco Reyna

- Vasquez

raises an argument that is foreclosed by Almendarez

- Torres v. United States,

523 U.S. 224, 228, 235 (1998), which held that convictions used to enhance a

sentence under 8 U.S.C. § 1326(b)(2) need not be set forth in the indictment.

Accordingly, the motion for summary affirmance is GRANTED, the alternative

motion for an extension of time to file a brief is DENIED, and the judgment of

the district court is AFFIRMED.

* 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 February 21, 2017

Lyle W. Cayce Clerk Case: 16-10854 Document: 00513882602 Page: 1 Date Filed: 02/21/2017
SCWC

- 17

- 0000 549

IN THE SUPREME COURT OF THE STATE OF HAWAI ʻ I

JAMES KREITMAN

, Petitioner /Plaintiff

- Appell ee ,

vs.

JAMES MILTON DAY , JR. and JENNIVER ELLEN DEMOSS DAY

, Respondents /Defendant s

- Appell ant s

.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP

- 17

- 0000 549 ; CASE NO. 3CC15100253K )

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., McKenna, Eddins

, JJ.

, Circuit Judge Viola and Circuit Judge Souza

, assigned by reason of vacancies)

Petitioner/ Plaintiff

- Appell ee James Kreitman ’s Application

for Writ of Certiorari filed on September 28 , 202 3 , is rejected.

DATED: Honolulu, Hawai ʻ i

, November 20

, 2023

.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Matthew J. Viola

/s/ Kevin A.K. Souza Electronically Filed

Supreme Court

SCWC-17-0000549

20-NOV-2023

08:38 AM

Dkt. 20 ODAC
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

October 12, 2005

E R R A T A

Appeal No. 05-3134

JONES V MSPB

Decided: October 12, 2005 Nonprecedential Opinion

Please make the following changes:

Page 1, at the end of the first paragraph , after “affirm .”, insert a carriage return

before the roman numeral “I”.

Page 2, line 5 : after the word “Board”, change “ones” to –- “Jones”.
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

In connection with the Annual Report of Super Luck, Inc. (the "Company") on Form 10-KSB for the year ended November 30, 2006 (the "Report"), I, Wilson Cheung, 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:

> 1) The Report fully complies with the requirement 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 Company's
> financial position and results of operations.

/s/Wilson Cheung



Wilson Cheung, Chief Financial Officer

January 23, 2007
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        Search Home > News Articles > Industry Advisory – Requiring No Cost Access to Tariff Publication Systems

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#### Roger Lee BOWERS, Jr., Petitioner-Appellant, v. David BALLARD, Warden, Respondent-Appellee.

No. 13-6649.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 31, 2013.

Decided: Dec. 3, 2013.

Roger Lee Bowers, Jr., Appellant Pro Se. Christopher S. Dodrill, Office of the Attorney General, Charleston, West Virginia, for Appellee.

Before WILKINSON, DUNCAN, and DIAZ, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Roger Lee Bowers, Jr., seeks to appeal the district court’s order denying his Fed. R.Civ.P. 60(b) motion for reconsideration of the district court’s order adopting the magistrate judge’s report and recommendation and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2006); *Reid v. Angelone,*369 F.3d 363, 369 (4th Cir.2004). A certificate of appealability will not issue absent *“a*substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003).

We have independently reviewed the record and conclude that Bowers has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED.*
---

CONSENT OF EXPERT

March 25, 2013

Augusta Resource Corporation

United States Securities and Exchange Commission

Ladies and Gentlemen:

Re: Augusta Resource
Corporation

I, Susan Bird, do hereby
consent to the filing of the written disclosure regarding the technical report
entitled NI 43-101 Technical Report for the Rosemont Copper Project Updated
Feasibility Study, Pima County, Arizona, dated August 28, 2012 for the Rosemont
Project located in Pima County, Arizona in the Form 40-F Annual Report dated
March 25, 2013, and any amendments thereto, and the Annual Information Form of
Augusta Resource Corporation (the Company) dated March 25, 2013.

I also consent to the use of my
name in the Companys Form 40-F Annual Report, and any amendments thereto, and
the Annual Information Form dated March 25, 2013 and to the incorporation by
reference of the Companys Annual Report on Form 40-F and any amendments
thereto, and the Annual Information Form dated March 25, 2013 in the Companys
Form S-8 Registration Statement (SEC File No. 333-173297).

| | By: | /s/
      Susan Bird             
| | --- | ---------------------------------
| |     | Susan Bird, P.Eng.               
| |     | Senior Associate                 
| |     | Moose Mountain Technical Services

---
FI L ED U.S. COURT OF A P P E A LS E LE V E N T H C IR C U IT NO VE MB ER 1 , 2005 THOMAS K. KAH

N CL ERK IN THE U NI TED STA TES C OU RT OF AP P EA LS F OR THE E LEV EN TH C IR CU IT

No. 04-13210 (D.C. Docke t No. 03-00023-CV)
TANNER AD VERTI SI

NG GROUP, L .L .C., Pla int if f- Ap pe lla nt,
versus FAY ETTE COUNTY , GEORGIA, Def endant- Appellee

.

--- --- --- --- --- --- --- --- --- On Appea l from the United States District Court for the No rt he rn Di str ic t of

Ge or g ia

--- --- --- --- --- --- --- --- -- (Opinion J une 9, 2005, 411 F .3d 1272, 11 Cir. 2005) th (Nove m ber 1, 2005)

Be fore EDMONDSON, Chief J udg e, TJ OFLAT, ANDERSON, BI RCH, DUB I NA, BL ACK, CARNES, BARKETT, HUL L , MARCUS, W I L SON and PRYOR, Circuit J udg es*.
B YT H E C O U R T :

A member

of this Court in active servic e havingreque sted a poll on the s ug g estion of rehear ing en banc and a ma jority of the judg es in this Court in active service having voted in favor of g rantinga re hear ing e n banc, I T I S ORDERED that the above cause shall be rehe ard by this c ourt en banc. The pre v i o u s p an el 's opinion is hereby

VACATED.

__________________________ *Senior United States Circuit J udg e Phy llis A. Kravitch has elec ted to pa rticipate in f

urther pr ocee dings in this matter pursuant to 28 U.S.C. § 46(c).