alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 07

- 16

- 00265

- CR

Andre Rynell Edwards Appellant

v.

The State of Texas Appellee §

§

§

§ From the 52nd District Court of Coryell County

January 30, 2017

Opinion by Justice Pirtle

J U D G M E N T

Pursuant to the opinion of the Court dated January 30, 2017

, it is ordered,

adjudged and decreed that the jud gment of the trial court is reformed as set forth in the

opinion and affirmed.

Inasmuch as this is an appeal in forma pauperis , no costs beyond those that

have already been paid are adjudged.

It is further ordered that this decision be certified below for observance.

o O o
Fourth Court of Appeals

San Antonio, Texas

December 16, 2015

No. 04-15-00569-CR

Edward HOUSTON,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law No. 5, Bexar County, Texas

Trial Court No. 458914

Honorable John Longoria, Judge Presiding

ORDER

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

WANT OF JURISDICTION.

It is so ORDERED on December 16, 2015.

_____________________________

Rebeca C. Martinez, Justice

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

court on this 16th day of December, 2015.

_____________________________

Keith E. Hottle, Clerk
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000828186
<NAME> 88A
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                         221,483
<SECURITIES>                                         0
<RECEIVABLES>                                  198,964
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               420,447
<PP&E>                                      10,111,888
<DEPRECIATION>                               8,510,056
<TOTAL-ASSETS>                               2,022,279
<CURRENT-LIABILITIES>                           45,112
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,977,167
<TOTAL-LIABILITY-AND-EQUITY>                 2,022,279
<SALES>                                      1,043,026
<TOTAL-REVENUES>                             1,054,976
<CGS>                                                0
<TOTAL-COSTS>                                  526,077
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                528,899
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            528,899
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   528,899
<EPS-BASIC>                                      40.48
<EPS-DILUTED>                                        0


</TABLE>
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2038 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2038

 To amend the Housing Act of 1949 to decrease the number of loans made 
under section 502 of such Act and increase the regular payments made by 
                      borrowers under such loans.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 1993

 Mr. Santorum introduced the following bill; which was referred to the 
            Committee on Banking, Finance and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend the Housing Act of 1949 to decrease the number of loans made 
under section 502 of such Act and increase the regular payments made by 
                      borrowers under such loans.

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

SECTION 1. LIMITATION ON LOAN AUTHORITY.

    Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is amended 
by adding at the end the following new subsection:
    ``(i) Limitation on Loan Authority.--The total number of loans made 
under this section in any single fiscal year may not exceed 12,500.''.

SEC. 2. MINIMUM PAYMENTS UNDER LOANS.

    Section 502(b)(2) of the Housing Act of 1949 (42 U.S.C. 1472(b)(2)) 
is amended by inserting after the comma the following: ``except that 
such plans and schedules shall require the borrower to make regular 
payments in an amount not less than the amount equal to 30 percent of 
the income of the borrower, and''.

                                 <all>
```
#### FIRST ANNAPOLIS BANCORP, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

No. 2010-5032.

United States Court of Appeals, Federal Circuit.

Aug. 2, 2010.

Dale A. Cooter, Cooter, Mangold, Tom-pert & Karas, Washington, DC, for Plaintiff-Appellee.

Scott D. Austin, Department of Justice, Washington, DC, for Defendant-Appellant.

ON MOTION

ORDER

Upon consideration of the United States’ motion for a 31-day extension of time, until September 13, 2010, to file a reply brief,

It Is Ordered That:

The motion is granted. No further extensions should be anticipated.
#### Felton Anthony WIGGINS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

No. 10-7211.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 16, 2010.

Decided: Dec. 28, 2010.

Felton Anthony Wiggins, Appellant Pro Se. William E.H. Creech, Tobin Webb Lathan, Joshua Bryan Royster, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Felton Anthony Wiggins, a federal prisoner, appeals the district court’s order denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp.2010) petition. We have reviewed the record and find no reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. *Wiggins v. United States,*No. 5:09-hc-02116-FL, 2010 WL 3239123 (E.D.N.C. Aug. 16, 2010). 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.*

*y*
* 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.

United States Court of Appeals

Fifth Circuit

FILED

February 18, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-41087

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN ANTONIO RIVAS-SARMIENTO,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. M-03-CR-349-1

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

Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

Juan Antonio Rivas-Sarmiento appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

Rivas-Sarmiento contends that the “felony” and “aggravated

felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are

unconstitutional. He therefore argues that his conviction must

be reduced to one under the lesser included offense found in 8

U.S.C. § 1362(a), his judgment must be reformed to reflect a
No. 03-41087

-2-

conviction only under that provision, and his sentence must be

vacated and the case remanded for resentencing to no more than

two years’ imprisonment and one year of supervised release. 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Rivas-Sarmiento acknowledges that his arguments are foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his arguments for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
Exhibit 23.1

                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Form S-3 Nos. 333-42543, 333-36487, 33-93812 and 33-88670 and Form S-8 No.
33-99216) of Chelsea GCA Realty, Inc. and in related Prospectus of our report
dated February 13, 1998, with respect to the consolidated financial statements
and schedule of Chelsea GCA Realty, Inc. included in this Annual Report (Form
10-K) for the year ended December 31, 1997.


                              Ernst & Young LLP

New York, New York
March 26, 1998
#### Melvin Bivings WILLIAMS, Petitioner—Appellant, v. Leroy CARTLIDGE, Warden McCormick Correctional Institution, Respondent—Appellee.

No. 10-7422.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 13, 2011.

Decided: Jan. 20, 2011.

Melvin Bivings Williams, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Alphonso Simon, Jr., Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellee.

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Melvin Bivings Williams seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). 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). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85,120 S.Ct. 1595. We have independently reviewed the record and conclude that Williams has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.

*DISMISSED.*
CERTIFICATION OF CHIEF FINANCIAL OFFICER
                          OF CORPORATE GENERAL PARTNER

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

The  undersigned,  Robert A. Bourne,  the  President and Treasurer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund IV, Ltd.  (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period  ending  March 31, 2004 (the  "Report").  The
undersigned hereby certifies 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 Partnership.


Date: May 12, 2004                         /s/ Robert A. Bourne
                                           -------------------------------------
                                           Name:  Robert A. Bourne
                                           Title: President and Treasurer

                                           A  signed  original  of this  written
                                           statement required by Section 906 has
                                           been  provided to CNL Income Fund IV,
                                           Ltd.  and  will  be  retained  by CNL
                                           Income Fund IV, Ltd. and furnished to
                                           the     Securities    and    Exchange
                                           Commission or its staff upon request.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Chandra Corporation d/b/a Diamond Marquise v. Atashi Jewels, Inc. 

d/b/a 7 Elements, Atit Patel and Neeta Patel

Appellate case number: 01-22-00270-CV

Trial court case number: 18-DCV-250844

Trial court: 458th District Court of Fort Bend County

This appeal is stayed pursuant to the Suggestion of Bankruptcy, advising the court that a

bankruptcy petition under Chapter 11 of the Bankruptcy Code was filed by appellant Chandra 

Corporation d/b/a Diamond Marquise on October 3, 2022 (case number 22-17386 filed in the 

Bankruptcy Court for the District of New Jersey) See 11 U.S.C. § 362 (automatic stay in 

bankruptcy). 

Until appellant or appellees notify the court that the bankruptcy has been concluded and 

move to reinstate the case, the court will take no further action other than to receive and hold any 

documents tendered during the period of suspension. See TEX. R. APP. P. 8.2.

Unless a party successfully moves to reinstate or sever, this appeal will be an inactive case 

on the court’s docket. See TEX. R. APP. P. 8.3.

It is so ORDERED.

Judge’s signature: ______/s/ Richard Hightower__________

 Acting individually  Acting for the Court

Date: __October 11, 2022____
##### 



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

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the
undersigned officer of FirstCity Financial Corporation (the Company), does
hereby certify, to such officers knowledge, that:

The Quarterly Report on Form 10-Q for the quarter ended September 30, 2003
(the Form 10-Q) of the Company fully complies with the requirements of
Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934
and the information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the Company as
of, and for, the periods presented in the Form 10-Q.

|                        |  |                        
|----------------------- |  | -----------------------
|Date: November 14, 2003 |  | /s/ J. Bryan Baker     
|                        |  |                        
|                        |  | J. Bryan Baker         
|                        |  | Chief Financial Officer

The foregoing certification is being furnished as an exhibit to the Form
10-Q pursuant to Item 601(b)(32) of Regulation S-K and Section 906 of the
Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63
of Title 18, United States Code) and, accordingly, is not being filed as part
of the Form 10-Q for purposes of Section 18 of the Securities Exchange Act of
1934, as amended, and is not 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.
EXHIBIT 32

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


         In connection with the Quarterly Report of Eat at Joe's,  Ltd., on Form
10-QSB for the period ending September 30, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the "REPORT"),  the undersigned,  Joseph
Fiore, Chief Executive Officer and Principal  Accounting Officer of the Company,
certify,  pursuant to 18 U.S.C.  ss.1350,  as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

         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.


Date: November 9, 2004

/s/ Joseph Fiore
Joseph Fiore
CEO, CFO, Chairman, Secretary, Director
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>



                                                                    Exhibit 32.1
                                                                    ------------


                          MICROFINANCIAL, INCORPORATED
                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                 REGARDING QUARTERLY REPORT ON FORM 10-Q FOR THE
                          QUARTER ENDED MARCH 31, 2004


     Richard F. Latour, President and Chief Executive Officer of MicroFinancial,
Incorporated, (the "Company"), hereby certifies that, to the best of his
knowledge, based upon a review of the Quarterly Report on Form 10-Q for the
Quarter ended March 31, 2004 (the "Covered Report") and, excepts as corrected or
supplemented in a subsequent covered report:

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

-    the information contained in the Covered Report fairly presents, in all
     material respects, the financial condition and results of operations of the
     Company.

In Witness Whereof, the undersigned has signed this Certification as of this May
14, 2004.


                                           /s/ RICHARD F. LATOUR
                                           -------------------------------------
                                           Richard F. Latour
                                           President and Chief Executive Officer
[Federal Register Volume 66, Number 26 (Wednesday, February 7, 2001)]
[Notices]
[Pages 9408-9409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3308]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Aging Transport Systems Rulemaking Advisory Committee; Meeting 
Cancellations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of meeting cancellation.

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

SUMMARY: The FAA is issuing this notice to advise the public that the 
February 8 and 9, 2001, meeting of the Aging Transport Systems 
Rulemaking Advisory Committee (66 FR 8842, February 2, 2001) has been 
cancelled. The meeting will be rescheduled and announced in a later 
Federal Register notice.

FOR FURTHER INFORMATION CONTACT: Gerri Robinson, Office of Rulemaking,

[[Page 9409]]

ARM-24, FAA, 800 Independence Avenue, SW., Washington, DC 20591, 
Telephone (202) 267-9078, FAX (202) 267-5075, or e-mail at 
<a href="/cdn-cgi/l/email-protection#75121007071c5b071a171c1b061a1b351314145b121a03"><span class="__cf_email__" data-cfemail="f7909285859ed98598959e99849899b7919696d9909881">[email protected]</span></a>.

    Issued in Washington, DC on February 2, 2001.
Anthony F. Fazio,
Director, Office of Rulemaking.
[FR Doc. 01-3308 Filed 2-5-01; 2:35 pm]
BILLING CODE 4910-13-M


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FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T APRI L 27, 2009 THOMAS K. KAH

N CL ERK [ D O N O T P U B L I S H ]

I N T H E U N I T E D S T A T E S C O U R T O F A P P E A L S

F O R T H E E L E V E N T H C I R C U I T

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