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


    [FRONT
      OF
      CERTIFICATE] 

    


    
      	 	 
	
              NUMBER
                

            	
              SHARES
                

            


    

     

    INCORPORATED
      UNDER THE LAWS OF THE STATE OF NEVADA 

    


    FRESCA
      WORLDWIDE TRADING CORPORATION

    


    AUTHORIZED
      TO ISSUE 100,000,000 TOTAL SHARES COMMON STOCK AT $.001 PAR VALUE

    


    


    THIS
      CERTIFIES THAT ___________________
      is hereby issued _________________________
      fully
      paid and non-assessable Shares
      of the Stock of the above named Corporation transferable only on the books
      of
      the Corporation by the holder hereof in person or by duly authorized Attorney
      upon surrender of this Certificate properly endorsed. 

    


    In
      Witness Whereof, the said Corporation has caused this Certificate to be signed
      by its duly authorized officers and its Corporate Seal to be hereunto
affixed
      this ________________ day of ________________________________ A.D.
      _______________ 


    


    
      	 	 
	
               __________________________

            	
               __________________________

            
	
               Secretary

            	
               President

            


    

             
      

    


    [SEAL]
      

     

     

    [BACK
      OF
      CERTIFICATE] 

     

    
      For
        Value Received, __________________________
        hereby
        sell, assign and transfer unto _______________________ Shares of the Capital
        Stock represented by the within Certificate, and do hereby irrevocably
        constitute and appoint ______________________________Attorney to
        transfer the said Shares on the books of the within named Corporation with
        full
        power of substitution in the premises 

       

      Dated,
        _____________________,_______

    

    
      


      


      
        	
                 In
                  presence of 

              	 
	
                 __________________________

              	
                 __________________________

              


      

    

    


    


    NOTICE:
       THE SIGNATURE TO THIS ASSIGNMENT MUST
      CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE
      OF
      THIS CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION
      OR ENLARGEMENT, OR ANY CHANGE WHATEVER.
*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

FOR THE FIFTH CIRCUIT

_____________________

No. 98-41496

Summary Calendar

_____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

TOMMY DARRELL SHARP,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court

for the Eastern District of Texas

(98-CR-7-3)

_________________________________________________________________

May 24, 1999

Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Tommy Darrell Sharp challenges his sentence following his

guilty plea to use of a communication facility to facilitate a drug

trafficking offense, asserting that the district court erred in

enhancing his sentence pursuant to U.S.S.G. § 2D1.1(b)(1) for

possessing a handgun during the commission of the offense. He

contends that he was not the owner of the handgun, did not utilize

or physically possess it, and did not direct that it be used during

the commission of the offense.

As is well established, we review a district court’s factual

findings, such as the application of § 2D1.1(b)(1), only for clear
- 2 -

error. E.g., United States v. Buchanan, 70 F.3d 818, 827-28 (5th

Cir. 1995). Inasmuch as Sharp knew his codefendant possessed a gun

during the transaction, we find no clear error. See United States

v. Thomas, 120 F.3d 564, 574 (5th Cir. 1997), cert. denied, 118

S.Ct. 721 (1998).

 AFFIRMED
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

# AGENCY HOLDING MEETING:

Federal Energy Regulatory Commission.

# FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT:

February 5, 2001, 66 FR 8959.

# PREVIOUSLY ANNOUNCED TIME AND DATE OF MEETING:

February 7, 10 a.m.

# CHANGE IN THE MEETING:

The following Item No. has been added to the February 7, 2001 Commission meeting.

*Item No.:*                         CAC-7.                    

*Docket No. and Company:*                         CP01-28-000, Columbia Gulf Transmission Company.                    

David P. Boergers,

Secretary.

[FR Doc. 01-3555  Filed 2-7-01; 8:45 am]

BILLING CODE 6717-01-M
#### Samuel Haywood MYLES, Plaintiff-Appellant, v. Chaplain WALLACE, In his individual capacity and his official capacity; Chaplain Kowalezyk, In his individual capacity and his official capacity; Chaplain Elliott, In his individual capacity and his official capacity, Defendants-Appellees.

No. 10-7213.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 13, 2011.

Decided: Jan. 19, 2011.

Samuel Haywood Myles, Appellant Pro Se.

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Samuel Haywood Myles seeks to appeal the district court’s order adopting the report and recommendation of the magistrate judge. We dismiss the appeal for *704lack of jurisdiction because the notice of appeal was not timely filed.

When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court’s final judgment or order, Fed. R.App. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. R.App. P. 4(a)(5), or reopens the appeal period under Fed. R.App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” *Bowles v. Russell,*551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on the docket on April 8, 2010. The notice of appeal was filed on June 14, 2010.* Because Myles failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We deny Myles’ motion for inquiry and classification as moot. 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.*

*

 For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R.App. P. 4(c); *Houston v. Lack,*487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).
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 Wilder Richman Historic Properties
II, L.P. (the "Registrant") on Form 10-Q for the period ended November 30, 2004
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Richard Paul Richman, Chief Executive Officer of Wilder Richman
Historic Corporation, the general partner of the Registrant, certify, pursuant
to 18 U.S.C. (S) 1350, as adopted pursuant to (S) 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 the Registrant.

/s/ Richard Paul Richman
-----------------------------------------
Chief Executive Officer of Wilder Richman
Historic Corporation, general partner of
Registrant
January 14, 2005
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00511-CR

Benjamin Wilcox, Appellant

v.

The State of Texas, Appellee

FROM THE 453RD DISTRICT COURT OF HAYS COUNTY, 

NO. CR-19-2377-E, THE HONORABLE SHERRI TIBBE, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Benjamin Wilcox seeks to appeal judgments of conviction for Sexual 

Performance by Child, Possession with Intent to Promote Child Pornography, and Possession of 

Child Pornography. See Tex. Penal Code §§ 43.25(c), 43.26(d), (g). The trial court has certified 

that this is a plea-bargain case and Wilcox has no right of appeal. Accordingly, we dismiss the 

appeal for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d).

__________________________________________

Melissa Goodwin, Justice

Before Justices Goodwin, Baker, and Kelly

Dismissed for Want of Jurisdiction

Filed: December 20, 2022

Do Not Publish
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-17-00140-CR

RHONDA MARIE HARTZELL, Appellant

V.

THE STATE OF TEXAS

§

§

§

§

§

On Appeal from County Court at Law No. 1

of Wichita County (65253-E)

December 20, 2018

Opinion by Justice Gabriel

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that there 

was error in the trial court’s judgment. It is ordered that the judgment of the trial 

court is reversed, and this case is remanded to the trial court for further proceedings 

consistent with this opinion.

SECOND DISTRICT COURT OF APPEALS 

By /s/ Lee Gabriel

 Justice Lee Gabriel
Exhibit 31.1**CERTIFICATION**I, James L. Holbrook, Jr., certify that:1. I have reviewed this annual report on Form 10-K of EMAK Worldwide, Inc.;2. Based on my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading with respect to theperiod covered by this annual report;3. Based on my knowledge, the financial statements, and other financial information includedin this annual 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 presentedin this annual report;4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:a. Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatedto the registrant, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this annual report is beingprepared;b. Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this annual report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this annual report based onsuch evaluation; andc. Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunction):a. All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information; andb. Any fraud, whether or not material, that involves management or other employees who havea significant role in the registrant’s internal control over financial reporting.                                                  /s/ James L. Holbrook, Jr.   James L. Holbrook, Jr.   Chief Executive Officer(Principal Executive Officer)   Dated: March 31, 2006
<TABLE> <S> <C>

<ARTICLE> 7
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               MAR-31-1997
<DEBT-HELD-FOR-SALE>                           937,858
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                           0
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 937,858
<CASH>                                          20,775
<RECOVER-REINSURE>                                 269
<DEFERRED-ACQUISITION>                         118,482
<TOTAL-ASSETS>                                   1,220
<POLICY-LOSSES>                                 19,924
<UNEARNED-PREMIUMS>                            367,424
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                 99,791
<PREFERRED-MANDATORY>                           75,000
<PREFERRED>                                          0
<COMMON>                                           161
<OTHER-SE>                                     492,036
<TOTAL-LIABILITY-AND-EQUITY>                     1,220
<PREMIUMS>                                      30,549
<INVESTMENT-INCOME>                             13,815
<INVESTMENT-GAINS>                               2,785
<OTHER-INCOME>                                     703
<BENEFITS>                                       4,818
<UNDERWRITING-AMORTIZATION>                     10,240
<UNDERWRITING-OTHER>                             3,047
<INCOME-PRETAX>                                 23,878
<INCOME-TAX>                                     6,742
<INCOME-CONTINUING>                             17,136
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    17,136
<EPS-PRIMARY>                                     1.08
<EPS-DILUTED>                                     1.08
<RESERVE-OPEN>                                  17,759
<PROVISION-CURRENT>                              1,743
<PROVISION-PRIOR>                                3,075
<PAYMENTS-CURRENT>                                  16
<PAYMENTS-PRIOR>                                 5,022
<RESERVE-CLOSE>                                 17,538
<CUMULATIVE-DEFICIENCY>                              0<F1>
<FN>
<F1>Not Applicable for mortgage guaranty and specialty reinsurer
</FN>
        

</TABLE>
2014-0774.

#### State v. Najeeb.

Cuyahoga App. No. 100932. On motion for delayed appeal. Motion denied.

Lanzinger, J., dissents.
## **EXHIBIT 32.1**

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350AS REQUIRED BYSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Annual Report on Form 10-K of SteinwayMusical Instruments, Inc. (the “Company”) for the fiscal year ended December31, 2006 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), I, Dana D. Messina, Chief Executive Officer of theCompany, certify that to the best of my knowledge:

1. The Report fully complies with the requirements of section13(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 ofthe Company.
|                |   | /s/ DANA D.  MESSINA                  |
|----------------|--------|---------------------------------------|
|           |   |                                  |
|           |   | President and Chief Executive Officer |
|           |   | (Principal Executive Officer)         |
| March 16, 2007 |   |                                  |

 

----
**Exhibit
      32**




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 Cadus Corporation (the "Company") on Form
      10-K for the period ending December 31, 2006 as filed with the Securities and
      Exchange Commission on the date hereof (the "Report"), I, David Blitz, President
      and Chief Executive 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 results of operations of the
                Company.





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





/s/
      David
      Blitz





David
      Blitz


President
      and Chief Executive Officer


(Chief Executive
      Officer and Chief Financial Officer)


March
      30,
      2007




The
      foregoing certification is furnished solely pursuant to 18 U.S.C. Section 1350
      and is not being filed as part of the Report or as a separate disclosure
      document.
CERTIFICATION OF CHIEF EXECUTIVE 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, James M. Seneff, Jr., the Chief Executive Officer 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 September 30, 2003 (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:  November 12, 2003                /s/ James M. Seneff, Jr.
                                        -----------------------------------
                                        Name:  James M. Seneff, Jr.
                                        Title: Chief Executive Officer



                                        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.
**EXHIBIT 32.1**

 

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

**ASADOPTED PURSUANT TO SECTION 906**

**OF THESARBANES-OXLEY ACT OF 2002**

 

Pursuant to Section 906 of the Sarbanes-Oxley Actof 2002 (subsections (a) and (b) of Section 1350, Chapter 63 ofTitle 18, United States Code), I, James T. Sartain, President and ChiefExecutive Officer of FirstCity Financial Corporation (“registrant”), certify,to the best of my knowledge and belief, that:

 

(1)                the Quarterly Report of the registrant onForm 10-Q for the quarter ended March 31, 2009 (“Form 10-Q”)fully complies with the requirements of Section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934; and

 

(2)                the information contained in the Form 10-Qfairly presents, in all material respects, the financial condition and resultsof operations of the registrant as of, and for, the periods presented in the Form 10-Q.

 

 
| Date: May 12, 2009 | /s/ James T. Sartain                     |
|-------------------------|------------------------------------------|
|                    | James T. Sartain                         |
|                    | *President and**Chief Executive Officer* |

 

 

The foregoing certification is being furnished as anexhibit to the Form 10-Q pursuant to Item 601(b)(32) of Regulation S-K andSection 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) ofSection 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 18of the Securities Exchange Act of 1934, as amended, and is not incorporated byreference into any filing of the registrant, whether made before or after thedate hereof, regardless of any general incorporation language in such filing.

 

----
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

601 NEW JERSEY AVENUE, NW
 

SUITE 9500
 

WASHINGTON, DC 20001
 

September 29, 2010 

TIME AND DATE: 10:00 a.m., Thursday, October 7, 2010 

PLACE:	 The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey 

Avenue, N.W., Washington, D.C. 

STATUS: Open 

MATTERS TO BE 

CONSIDERED:	 The Commission will consider and act upon the following in open 

session: Jayson Turner v. National Cement Company of California, 

Docket No. WEST 2006-568-DM. (Issues include whether the 

administrative law judge’s denial of a miner’s discrimination 

complaint was legally correct and supported bysubstantial evidence.) 

Any person attending this meeting who requires special accessibility 

features and/or auxiliary aids, such as sign language interpreters, must 

inform the Commission in advance of those needs. Subject to 29 

C.F.R. § 2706.150(a)(3) and § 2706.160(d). 

CONTACT PERSON 

FOR MORE INFO: Jean Ellen (202) 434-9950 / (202) 708-9300 for TDD Relay / 

1-800-877-8339 for toll free.