alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-20200 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus RAY McADAMS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CR-166-1

- - - - - - - - - - December 10, 1998 Before KING, BARKSDALE, and STEWART, Circuit Judges. PER CURIAM: * Ray McAdams appeals his conviction and sentence for conspiracy to possess cocaine base with intent to distribute and possession of cocaine base with intent to distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1). He argues that the district court erred in denying his motion to suppress the cocaine base that was seized and the oral and written statements he made to police officers following the seizure. We have reviewed the record and the briefs of the parties and conclude that the district court did not err in denyingNo. 98-20200 -2- McAdams’ motion to suppress evidence. See United States v. Reyes , 792 F.2d 536, 539 (5th Cir. 1986). The district court did not clearly err in determining that, under the totality of the circumstances, McAdams gave valid consent to search his suitcase,

see United States v. Kelley , 981 F.2d 1464, 1470 (5th Cir. 1993), nor did the district court err in concluding that the written statement McAdams gave following his arrest was voluntarily made following a valid waiver of rights under Miranda v. Arizona , 384 U.S. 436 (1966). See United States v. Hall , 152 F.3d 381, 424 (5th Cir. 1998); United States v. Andrews , 22 F.3d 1328, 1337 (5th Cir. 1994). The judgment of the district court is AFFIRMED.

H:\MCADAMS.OP
<PAGE>
                                                                   EXHIBIT 10.57
 
                                  [Letterhead]
 
January 16, 1997
 
Mr. J.W.A. Buyers
 
Chairman of the Board
 
C. Brewer Homes, Inc.
 
P.O. Box 1826
 
Honolulu, Hawaii 96806
 
Re: Terms of Employment
 
Dear Doc:
 
    Attached is the original copy of your letter dated January 7, 1997 regarding
the offer of employment and terms of employment. I have signed the letter
indicating my acceptance of the offer and agreement to the terms of employment.
 
    Since I accepted the offer last week via facsimile and expressed my
sentiments then, I will not repeat my thoughts other than to say I will do my
best to ensure that your confidence in me is rewarded.
 
    Since you wrote the letter, we agreed to change the starting date of
employment from January 20 to January 27, 1997. To be consistent and avoid
confusion I think we should also change the terms of employment that refer to or
are based on the starting date. I suggest the following:
 
        Paragraph 1--move the date of the planned salary increase from July 20
    to July 27, 1997.
 
        Paragraph 3--move the date of the initial grant of stock option from the
    close of business on January 20 to the close of business on January 27,
    1997.
 
        Paragraph 6--move the eligibility date for four weeks of vacation from
    January 20 to January 27, 1998.
 
        Paragraph 8--move the date of payment of the transition allowance from
    January 20 to January 27, 1997.
 
    All the other terms and provisions of your letter dated January 7, 1997
would remain the same.
 
    I think that this should be sufficient. If you agree, please sign below and
send me a copy for my files.
 
<TABLE>
<S>                       <C>
Sincerely,                Agreed to by:
 
/s/ SETH A. BAKES         /s/ J.W.A. BUYERS
------------------------  ------------------------
Seth A. Bakes             J.W.A. Buyers
</TABLE>
Exhibit 32.2



Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



The undersigned, the Chief Financial Officer of BSB Bancorp, Inc. (the Company),
hereby certifies that to his knowledge on the date hereof:



|(a) | The Quarterly Report on Form 10-Q of the Company for the period ended September 30, 2003 filed on the date hereof with the Securities and Exchange Commission (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(b) | Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------



/s/     REXFORD C. DECKERRexford C. Decker Senior Vice President and Chief Financial Officer November 12, 2003




A signed original of this
written statement required by Section 906 has been provided to BSB Bancorp, Inc. and will be retained by BSB Bancorp, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit32.1

** **

** **

**Certification of CEO and CFO**

**Pursuant to 18 U.S.C. Section 1350,**

**As Adopted Pursuant to**

**Section 906 of the Sarbanes-Oxley Act of 2002**

 

 

 

Inconnection with the Quarterly Report on Form 10-Q of United Investors IncomeProperties (the "Partnership"), for the quarterly period ended September 30,2009 as filed with the Securities and Exchange Commission on the date hereof(the "Report"), Steven D. Cordes, as the equivalent of the Chief ExecutiveOfficer of the Partnership, and Stephen B. Waters, as the equivalent of theChief Financial Officer of the Partnership, each hereby certifies, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that, to the best of his knowledge:

 

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

 

(2)  The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of thePartnership.

 

 

 

 

Thiscertification is furnished with this Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership forpurposes of Section 18 of the Securities Exchange Act of 1934, asamended.
<TABLE> <S> <C>

<ARTICLE>           5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE RANDERS
KILLAM GROUP INC. REPORT ON FORM 10-Q FOR THE QUARTER ENDED JANUARY 2, 1999 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>        1,000
       
<S>                              <C>
<PERIOD-TYPE>                                 9-MOS
<FISCAL-YEAR-END>                             APR-03-1999
<PERIOD-END>                                  JAN-02-1999
<CASH>                                                 15,541
<SECURITIES>                                                0
<RECEIVABLES>                                          15,332
<ALLOWANCES>                                            1,347
<INVENTORY>                                                 0
<CURRENT-ASSETS>                                       40,709
<PP&E>                                                 16,241
<DEPRECIATION>                                          4,936
<TOTAL-ASSETS>                                         98,304
<CURRENT-LIABILITIES>                                  12,314
<BONDS>                                                 1,785
<PREFERRED-MANDATORY>                                       0
<PREFERRED>                                                 0
<COMMON>                                                   13
<OTHER-SE>                                             82,365
<TOTAL-LIABILITY-AND-EQUITY>                           98,304
<SALES>                                                     0
<TOTAL-REVENUES>                                       61,887
<CGS>                                                       0
<TOTAL-COSTS>                                          57,734
<OTHER-EXPENSES>                                            0
<LOSS-PROVISION>                                          584
<INTEREST-EXPENSE>                                        121
<INCOME-PRETAX>                                         4,533
<INCOME-TAX>                                            2,153
<INCOME-CONTINUING>                                     4,533
<DISCONTINUED>                                              0
<EXTRAORDINARY>                                             0
<CHANGES>                                                   0
<NET-INCOME>                                            4,533
<EPS-PRIMARY>                                            0.09<F1>
<EPS-DILUTED>                                            0.09<F1>
<FN>
<F1>THE FINANCIAL STATEMENTS OF THE COMPANY HAVE BEEN RESTATED FOR A REVERSE
STOCK SPLIT, EFFECTIVE 2/01/1999.
</FN>
        

</TABLE>
Exhibit 10.22
 AMERISTAR CASINOS, INC.
RESTRICTED STOCK UNIT AGREEMENT
 Name and Address of Award Holder:
    
    Gordon R. Kanofsky4273 Aleman DriveTarzana, California  91356Date of Grant:
    
    January 29, 2010No. of RSUs:
    
    60,500Vesting Schedule:
    
    100% on January 29, 2010




---



##### 



Agreement RSUs Company Plan
 1. Grant of RSUs
 Common Stock
 2. Vesting of RSUs
  Employment
Agreement
 3. Settlement of RSUs; Delivery of Shares
  Section 409A




---



##### 



4. Parachute Tax Gross-Up
 Excise Tax
 5. Income Tax Withholding
  6. Other Provisions of RSUs
 (a)
    
    Voting.You will have no voting
rights or other rights as a
stockholder with respect to your
RSUs prior to the time shares of
Common Stock are delivered to you
in settlement of the award.(b)
    
    Dividends.You will be entitled
to receive dividend equivalents
with respect to
 2




---



##### 



your RSUs prior
to the time shares of Common
Stock (or the Fair Market Value
thereof in cash) are delivered to
you in settlement of the award.
Such dividend equivalents shall
be paid in the same form and at
the same time the corresponding
dividends are paid to holders of
Common Stock.
 (c)
    
    Transfer Restrictions.You may
not sell, transfer, assign or
pledge your RSUs or any rights
under this award. Any attempt to
do so will be null and void.(d)
    
    Death.In the event of your death
after the vesting but prior to
settlement of your RSUs, any shares of Common Stock (or cash)
you are entitled to receive upon
settlement ofyour RSUs will instead be
delivered to your designated
beneficiary or, if you have not
designated a beneficiary, to the
legal representative of your
estate. Any designation of a
beneficiary other than your
spouse shall require spousal
consent.
 7. Adjustments to Your Award in Certain Events
  8. Regulatory Compliance
  9. Plan Terms
  3




---



##### 



10. Method of Acceptance
   AMERISTAR CASINOS, INC.By:
    /s/ Peter C. WalshSenior Vice President and General Counsel 4
<PAGE>

                                                                    EXHIBIT 32.1

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

In connection with the Quarterly Report of Southeast Acquisitions II, L P. (the
"Partnership") on Form 10-Q (the "Report") for the period ending June 30, 2005
as filed with the Securities and Exchange Commission on the date hereof I,
Richard W. Sorenson, the principal executive officer of the Partnership,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley act of 2002, to my knowledge, that:

      (1)   The report fully complies with the requirements of section 13(a) of
            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.

/s/ Richard W. Sorenson
----------------------------
Richard W. Sorenson

Richard W. Sorenson
Principal Executive Officer & Member
Southern Management Group, LLC
August 1, 2005

<PAGE>

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

In connection with the Quarterly Report of Southeast Acquisitions II, L P. (the
"Partnership") on Form 10-Q (the "Report") for the period ending June 30, 2005
as filed with the Securities and Exchange Commission on the date hereof I, Laura
E. Ristvedt, the principal financial officer of the Partnership, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley act of 2002, to my knowledge, that:

      (1)   The report fully complies with the requirements of section 13(a) of
            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.

/s/ Laura E. Ristvedt
-----------------------------
Laura E. Ristvedt

Laura E. Ristvedt
Principal Financial Officer
Southern Management Group, LLC
August 11, 2005
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2399 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  1st Session

                               H. R. 2399

_______________________________________________________________________

                               AMENDMENTS
                  In the Senate of the United States,

                       October 5 (legislative day, September 27), 1993.
      Resolved, That the bill from the House of Representatives (H.R. 
2399) entitled ``An Act to provide for the settlement of land claims of 
the Catawba Tribe of Indians in the State of South Carolina and the 
restoration of the Federal trust relationship with the Tribe, and for 
other purposes'', do pass with the following

                              AMENDMENTS:

 (1)Page 11, lines 1 and 2, strike out [entitled] and insert: eligible

 (2)Page 11, line 5, strike out [entitled] and insert: eligible

 (3)Page 50, strike out all after line 23 over to and including line 8 
on page 51 and insert:
    (c) Laws and Regulations of the United States.--The provisions of 
any Federal law enacted after the date of enactment of this Act, for 
the benefit of Indians, Indian nations, tribes, or bands of Indians, 
which would affect or preempt the application of the laws of the State 
to lands owned by or held in trust for Indians, or Indian nations, 
tribes, or bands of Indians, as provided in this Act and the South 
Carolina State Implementing Act, shall not apply within the State of 
South Carolina, unless such provision of such subsequently enacted 
Federal law is specifically made applicable within the State of South 
Carolina.

            Attest:

                                                             Secretary.
```
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 RBC Life Sciences, Inc. (the Company) on Form
10-Q for the period ending September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), Clinton H. Howard, Chairman of the Board and Chief Executive Officer of the Company does 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 his knowledge:



| | 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 Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Clinton H. HowardClinton H. HowardChairman of the Board and Chief Executive OfficerNovember 14, 2006
EXHIBIT
32.1











CERTIFICATION
OF CHIEF EXECUTIVE 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 Quarterly Report of Weingarten Realty Investors (the
"Company") on Form 10-Q for the period ended March 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Andrew
M. Alexander, 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.











BY:
            /s/
      Andrew M. AlexanderAndrew
      M. AlexanderPresident/Chief
      Executive OfficerMay
      9, 2008
2023ELECCIONES

DEL COMITÉ DEL CONDADO

15 DE JUNIO 

DE 2023

Inicia el periodo de 

presentación de 

candidaturas. Los 

formularios están 

disponibles en 

fsa.usda.gov/ elections.

1 DE AGOSTO 

DE 2023

Último día para 

presentar los 

formularios de 

candidatura en la 

oficina de la FSA del 

condado.

6 DE NOVIEMBRE 

DE 2023

Envío de boletas 

a los votantes 

inscritos elegibles.

4 DE DICIEMBRE 

DE 2023

Último día para 

devolver las boletas 

a la oficina de la 

FSA del condado.

1 DE ENERO 

DE 2024

Toma de posesión de 

los nuevos miembros 

del comité del 

condado.

SEA EL ENLACE

entre su comunidad agrícola y el USDA

Junio 2023 El USDA es un proveedor, empleador y prestamista que ofrece igualdad de oportunidades

Agencia de Servicios Agrícolas (FSA)

DEPARTAMENTO DE AGRICULTURA DE LOS EE.UU. (USDA)
# Third District Court of Appeal

State of Florida

Opinion filed July 9, 2014

. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D12-3314

Lower Tribunal No. 12-11491

________________



### Noel Taylor

, Appellant,

vs.



### The State of Florida

, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Rodney Smith

, Judge.

Carlos J. Martinez, Public Defender, and Harvey J. Sepler and Maria E.

Lauredo

, Assistant Public Defenders, and Jeffrey Paul Desousa, Certified Legal

Intern, for appellant.

Pamela Jo Bondi, Attorney General, and Brent J. Kelleher

, Assistant

Attorney General, for appellee.

Before WELLS, EMAS and SCALES, JJ.

WELLS, Judge.Noel Taylor appeals from his convictions and sentences for indecent

exposure and assault. We find no merit in the arguments raised with regard to his

conviction and sentence on the assault charge and therefore affirm the conviction

and sentence on that count without discussion. However, we reverse Taylor’s

conviction and sentence for indecent exposure because the evidence adduced

below, when viewed in a light most favorable to the State, was insufficient to

demonstrate that Taylor exposed or exhibited his sexual organs in a place intended

or designed to be frequented or resorted to by the public. See §800.03, Fla. Stat.

(2012) (in pertinent part, making it “unlawful to expose or exhibit one’s sexual

organs in public or on the private premises of another, or so near thereto as to be

seen from such private premises”); Fla. Std. Jury Instr. (Criminal) 11.9 (defining a

“public place” as “any place intended or designed to be frequented or resorted to

by the public”); Basulto-Rodriguez v. State

, 95 So. 3d 403, 406 n.5 (Fla. 3d DCA

2012) (“We review de novo the trial court’s denial of a motion for JOA, to

determine solely whether the evidence is legally sufficient. In reviewing the denial

of the motion, we consider the evidence and all reasonable inferences in a light

most favorable to the State as the non-moving party.”) (internal citations omitted.);

A.S.F. v. State

, 70 So. 3d 754, 756 (Fla. 4th DCA 2011) (same).

Accordingly, Taylor’s convictions and sentences are affirmed in part and

reversed in part.

2
JUDGMENT

Court of Appeals 

 

First District of Texas 

NO. 01-14-01026-CV

ENSIGN SERVICES, LLC (F/K/A FE SERVICES, L.L.C.), FE SERVICES

HOLDINGS, INC. AND JAMES STEWART, Appellants

V.

MARC JAN LEVESCONTE, Appellee

Appeal from the 333rd District Court of Harris County. (Tr. Ct. No. 2009-04966).

After due consideration, the Court grants appellants Ensign Services, LLC (F/K/A 

FE Services, L.L.C.), FE Services Holdings, Inc. and James Stewart and appellee Marc 

Jan Levesconte’s joint motion to dismiss the appeal. Accordingly, the Court dismisses 

the appeal.

The Court orders that the appellants, Ensign Services, LLC (F/K/A FE Services, 

L.L.C.), FE Services Holdings, Inc. and James Stewart, jointly and severally, pay one 

half of the appellate costs. The Court orders that the appellee, Marc Jan Levesconte, pay 

one half of the appellate costs. 

The Court orders that this decision be certified below for observance.

Judgment rendered October 8, 2015.
Per curiam opinion delivered by panel consisting of Chief Justice Radack and Justices 

Bland and Huddle.