alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-08-0104-CV

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL D

	MARCH 6, 2008

	______________________________

	EX PARTE ROBERTO RUBIO MONTENEGRO

	_______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

	MEMORANDUM OPINION

	By this original proceeding, Roberto Rubio Montenegro seeks permission to proceed  in filing a second writ of habeas corpus pursuant to article 11.59 of the Texas Code of Criminal Procedure due to newly discovered evidence.1  We dismiss for want of jurisdiction. 

	Montenegro’s motion to file a second writ is based on his assertion that the sentence he received for driving while intoxicated, third offense or more, was unauthorized by law.  Montenegro concludes by praying that his motion be granted or alternatively, that he be released from illegal confinement.

	Article 11.05 of the Texas Code of Criminal Procedure lists the courts which are authorized to issue writs of habeas corpus.  Absent from that list are courts of appeals.  See Watson v. State, 96 S.W.3d 497, 500 (Tex.App.–Amarillo 2002, pet. ref’d); Greenville v. State, 798 S.W.2d 361, 362 (Tex.App.–Beaumont 1990, no pet.).  This Court's habeas corpus jurisdiction in criminal matters is appellate only.  Denby v. State, 627 S.W.2d 435 (Tex.App.--Houston [1st Dist.] 1981, orig. proceeding), cert. denied, 462 U.S. 1110, 103 S.Ct. 2461, 77 L.Ed.2d 1338 (1983). 

	Article 11.59 does not prohibit a trial court from entertaining a motion for a second application for a writ of habeas corpus.  See Ex parte Vance, 608 S.W.2d 681, 682 (Tex.Crim.App. 1980).

	Consequently, this Court has no authority to consider the relief sought by Montenegro and we dismiss this proceeding for want of jurisdiction.

							Patrick A. Pirtle

							      Justice
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

Inconnection with the Quarterly Report on Form 10-Q of HuntsmanInternational LLC (the “Company”) for the period ended September 30, 2005as filed with the Securities and Exchange Commission on the date hereof (the “Report”),I, Peter R. Huntsman, Chief Executive Officer of the Company, certify, pursuantto 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-OxleyAct of 2002, that, to my knowledge:

 

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

 

(2)                                  The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 
|   | /s/ PETER R. HUNTSMAN      |
|--------|----------------------------|
|   | Peter R. Huntsman          |
|   | *Chief  Executive Officer* |

 

November 14,2005

 

----
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 Annual Report on Form 10-K of FSP Phoenix Tower Corp. (the "Company") for the year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, George J. Carter, President and principal executive officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that, to his 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.











Date:  March 12, 2010
/s/ George J. CarterGeorge J. CarterPresident (Principal Executive Officer)
#### UNITED STATES of America, Plaintiff-Appellee v. Oscar Alfredo MEJIA-ALVARADO, Defendant-Appellant.

No. 10-40284

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 8, 2010.

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

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

Oscar Alfredo Mejia-Alvarado, Eden, TX, pro se.

Before KING, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Oscar Alfredo Mejia-Alvarado (Mejia) 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). Mejia has filed a response. The record is insufficiently developed to allow consideration at this time of Mejia’s claim of ineffective assistance of counsel; such a claim generally “cannot be resolved on direct appeal when the claim has not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations.” *United States v. Cantwell,*470 F.3d 1087, 1091 (5th Cir.2006) (internal quotation marks and citation omitted). Our independent review of the record, counsel’s brief, and Mejia’s response discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, *912and 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 the limited circumstances set forth in 5th Cir. R. 47.5.4.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
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                -                       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 Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4339-DR; Docket ID FEMA-2017-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the Commonwealth of Puerto Rico (FEMA-4339-DR), dated September 20, 2017, and related determinations.

# DATES:

The change occurred on October 10, 2017.

      ( print page 49646)    

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Michael F. Byrne, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of Alejandro DeLaCampa as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2017-23241 Filed 10-25-17; 8:45 am]

 BILLING CODE 9111-23-P
#### UNITED STATES of America, Plaintiff—Appellee, v. Glenn EMBRY, Defendant—Appellant.

No. 08-1693.

United States Court of Appeals, Eighth Circuit.

Submitted: April 17, 2008.

Filed: May 7, 2008.

Kyra E. Jenner, Assistant U.S. Attorney, Mark W. Webb, Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Arkansas, Fort Smith, AR, for Plaintiff-Appellee.

Glenn Embry, Forrest City, AR, pro se.

*642Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.

PER CURIAM.

Glenn Embry appeals the district court’s1 denial of his motion for a reduction of his 120 month sentence for possession of crack cocaine with intent to distribute pursuant to 18 U.S.C. § 3582(c)(2). Embry’s motion for a sentence reduction was based on Amendment 706 to the United States Sentencing Guidelines (U.S.S.G.) for crack cocaine which has been made retroactive under U.S.S.G. § 1B1.10, but because Embry was sentenced as a career offender under U.S.S.G. § 4B1.1 he is not eligible for a reduction under U.S.S.G. § 1B1.10 and 18 U.S.C. § 3582(c). *See United States v. Tingle,*524 F.3d 839 (8th Cir.2008) (per curiam). Accordingly, we summarily affirm the order of the district court. *See*8th Cir. R. 47(A)(a).

1

. The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas.
EXHIBIT
32.1








Certificate
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 U.S. Neurosurgical, Inc. on Form 10-Q
for the period ending September 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Alan Gold, President
and Chief Executive Officer of U.S. Neurosurgical, Inc., certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:





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





(2)
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of U.S.
      Neurosurgical, Inc.







/s/ Alan GoldAlan
      GoldPresident
      and Chief Executive OfficerNovember
      13, 2009
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 96-30305 

Conference Calendar

__________________

ROBERT MYLES,

 Petitioner-Appellant,

versus

BURL CAIN, Acting Warden

RICHARD P. IEYOUB, Attorney General,

State of Louisiana

 Respondents-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 95-CV-3984 E

- - - - - - - - - -

June 26, 1996

Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges. 

PER CURIAM:*

Proceeding pro se and in forma pauperis, Robert Myles,

#87712, appeals from the district court's denial of his

postjudgment motion for copies of state trial records and

transcripts. In his appellate brief, however, Myles argues

solely the issue whether the district court erred by previously

denying his petition for a writ of habeas corpus, the denial of
No. 96-30305

-2-

which Myles failed to appeal. A pro se habeas petitioner

abandons issues that he does not argue. Yohey v. Collins, 985

F.2d 222, 224-25 (5th Cir. 1993). Because Myles does not address

the denial of his postjudgment motion, he has abandoned argument

on the only issue before this court. Myles’ appeal is without

arguable merit and is thus frivolous. See Howard v. King, 707

F.2d 215, 219-20 (5th Cir. 1983). Myles is warned that the

filing of future frivolous appeals may result in the imposition

of sanctions. To avoid sanctions, Myles is further cautioned to

review any pending appeals to ensure that they do not raise

arguments that are frivolous.

APPEAL DISMISSED; SANCTIONS WARNING ISSUED.
EXHIBIT 32.01

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

In connection with the Quarterly Report of KANA Software, Inc. (the Registrant) on Form 10-Q for the quarter ended June 30, 2006 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael S. Fields, Chief Executive Officer of the Registrant, certify, in accordance with 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act, that to the best of my knowledge:

(1) The Report, to which this certification
is attached as Exhibit 32.01, 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 Registrant.



|                       |  |                              
|---------------------- |  | -----------------------------
|Dated: August 14, 2006 |  | /s/ Michael S. Fields        
|                       |  | Michael S. Fields            
|                       |  | Chief Executive Officer      
|                       |  | (Principal Executive Officer)
**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 annual report of OCM HoldCo, LLC (the “*Company*”) on Form 10-K for the fiscal year ended December 31, 2010, as filed with the Securities and Exchange Commission (the “*Report*”), I, Stephen A. Kaplan, a Manager of the Company and performing certain services for the Company commonly performed by the principal executive officer, do hereby 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 §13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

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

 
| Date: March 31,   2011 | By:    | */s/ Stephen A. Kaplan* |
|----------------------------------|--------|-------------------------|
|                             |   | Stephen   A. Kaplan     |
|                             |   | Manager                 |

 

----
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Document

Exhibit 10(a)3
SIXTH AMENDMENT TO THE
SOUTHERN COMPANY EMPLOYEE SAVINGS PLAN




WHEREAS, Southern Company Services, Inc. adopted the latest amendment and restatement of The Southern Company Employee Savings Plan (“Plan”), effective as of January 1, 2018;
WHEREAS, pursuant to Section 15.1 of the Plan, the Southern Company Employee Savings Plan Committee (“Administrative Committee”) may amend the Plan, provided the amendment either (a) does not involve a substantial increase in cost to any Employing Company, or (b) is necessary, proper, or desirable in order to comply with applicable laws or regulations enacted or promulgated by any federal or state governmental authority and to maintain the qualified status of the Plan; and
WHEREAS, the Administrative Committee, in its settlor capacity, desires to amend the Plan to provide for cessation of participation for employees of Sequent Energy Management, LP and Sequent Energy Canada Corp. who are no longer Employees due to the divestiture that occurred on July 1, 2021, and to provide for full vesting for the Accounts of such employees.
NOW, THEREFORE, pursuant to resolutions adopted on November 8, 2021, the Administrative Committee hereby amends the Plan as follows, effective as specified below:
1.
The Plan is hereby amended by adding a new paragraph (g) to Section 3.7 to read as follows:
(g)    Sequent.
(1)    Cessation of Participation.  Effective as of July 1, 2021, (i) Sequent Energy Management, LP and Sequent Energy Canada Corp. and their direct and indirect subsidiaries will cease to be affiliated companies of Southern Company Gas for purposes of determining Employing Company status under the Plan; and (ii) Participants who cease to be Employees due to the sale of Sequent Energy Management, LP and Sequent Energy Canada Corp. will cease to be eligible to actively participate in the Plan.
(2)    Vesting Acceleration.  Effective as of July 1, 2021, Participants who cease to be Employees due to the sale of Sequent Energy Management, LP and Sequent Energy Canada Corp. will be deemed to be fully vested in their Accounts for all purposes hereunder. 
2.
Except as amended by this Sixth Amendment, the Plan shall remain in full force and effect.


SGR/26149302.1






IN WITNESS WHEREOF, the Administrative Committee, through its authorized representative, has adopted this Sixth Amendment to The Southern Company Employee Savings Plan, as amended and restated as of January 1, 2018, this 1st day of December, 2021.


									
		EMPLOYEE SAVINGS PLAN COMMITTEE
			
		By:	/s/James M. Garvie
			
		Name:	James M. Garvie
			
		Its:	Chairperson






SGR/26149302.1
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 this Annual Report
on Form 10-K of CTC Media, Inc. (the Company) for the period ended December 31,
2008 as filed with the Securities and Exchange Commission on the date hereof
(the Report), the undersigned, Boris Podolsky, Chief Financial Officer and
Treasurer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350,
that:  (1)theReport fully
complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and  (2)theinformation
contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.  Date: March 2, 2009
  By:
  /s/ Boris PodolskyBoris PodolskyChief Financial Officer(Principal Financial and Accounting
  Officer)
CERTIFICATION
            Exhibit
      31.2





I, James
J. Vincenzo, Chief Financial Officer, certify that:





1.           I
have reviewed this Quarterly Report on Form 10-QSB/A of Theater Xtreme
Entertainment Group, Inc.;




2.           Based
on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading
with respect to the period covered by this report;




3.           Based
on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the small business issuer as
of, and for, the periods presented in this report;




4.           The
small business issuer’s other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer 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 small business issuer, 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 the small business issuer’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 small business issuer’s internal control over
financial reporting that occurred during the small business issuer’s most recent
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant’s internal control over financial reporting;
and




5.           The
small business issuer’s other certifying officers and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
small business issuer’s auditors and the audit committee of the small business
issuer’s board of directors;




(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 small business issuer’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 small business issuer’s internal controls over
financial reporting.




Dated:
May 16, 2008








/s/ James J.
      VincenzoJames
      J. VincenzoChief
      Financial Officer