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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. United States Court of Appeals

Fifth Circuit 

## FILED April 22, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-10150 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE ARMENTA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:03-CR-145-Y

-------------------- Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM: * José Armenta pleaded guilty to one count of conspiracy to possess with intent to distribute more than 500 grams of a substance containing methamphetamine. He appeals the denial of his motion to withdraw his guilty plea and further asserts that he received ineffective assistance of counsel. We find no error in the district court’s application of the factors to be considered in deciding whether to grant a motion to withdraw.
See United States v. Carr , 740 F.2d 339, 343-44 (5th Cir. 1984). Armenta’s assertion of innocence was equivocal at best, and heNo. 04-10150 -2- provided no good justification for his delay in seeking to withdraw his guilty plea. See id. We also find no error in the district court’s determination that withdrawal of the plea would inconvenience the court and would waste judicial resources. The district court’s findings that Armenta had close assistance of counsel and that his plea was made knowingly and voluntarily are supported by the record. The district court conducted a thorough Rule 11 colloquy, and Armenta affirmed that he understood the nature of the charges and denied any coercion. Armenta has failed to overcome the presumption of veracity that attaches to statements made under oath in open court. See United
States v. Cervantes , 132 F.3d 1106, 1110 (5th Cir. 1998). Accordingly, we AFFIRM the denial of Armenta’s motion to withdraw.
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 Commerce

###### International Trade Administration 

This decision is made pursuant to section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. Law 89-651, 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 A.M. and 5:00 P.M. in Room 4211, U.S. Department of Commerce, 14th and Constitution Avenue, NW., Washington, DC. 

*Docket Number:*                     00-037.                     *Applicant:*                     Washington University School of Medicine, St. Louis, MO 63110.                     *Instrument:*                     Flash Lamp System with Accessories.                     *Manufacturer:*                     Rapp OptoElectronic, Germany.                     *Intended Use:*                     See notice at 65 FR 70549, November 24, 2000.                 

*Comments:*                     None received.                     *Decision:*                     Approved. No instrument of equivalent scientific value to the foreign instrument, for such purposes as it is intended to be used, is being manufactured in the United States.                     *Reasons:*                     The foreign instrument provides special filters for applications using caged Ca2+                     compounds with an energy density of 400 mJ/cm2                     in the UV. The National Institutes of Health advises in its memorandum of December 5, 2000 that (1) this capability is pertinent to the applicant's intended purpose and (2) it knows of no domestic instrument or apparatus of equivalent scientific value to the foreign instrument for the applicant's intended use.                 

We know of no other instrument or apparatus of equivalent scientific value to the foreign instrument which is being manufactured in the United States. 

Gerald A. Zerdy, 

Program Manager, Statutory Import Programs Staff. 

[FR Doc. 01-456 Filed 1-5-01; 8:45 am] 

BILLING CODE 3510-DS-P
<PAGE>
                          [LETTERHEAD OF DELOITTE & TOUCHE]


                                                           EXHIBIT 23.1

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statements No. 333-
04712, No. 333-03728, No. 33-89322, No. 33-72956, No. 333-02903, No. 333-71147
of West Marine, Inc. on Form S-8 of our report dated February 17, 2000 appearing
in the Annual Report on Form 10-K of West Marine, Inc. for the year ended
January 1, 2000.

/s/Deloitte & Touche LLP

March 24, 2000
<PAGE>
                                                                    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 Acres Gaming Incorporated (the
"COMPANY") on Form 10-K for the year ended June 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "FORM 10-K"), I,
Floyd W. Glisson, Chairman and Chief Executive 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 Form 10-K 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 Form 10-K fairly presents, in all
material respects, the financial condition and results of operations of the
Company.



Dated: September 26, 2003

                                            /s/ Floyd W. Glisson
                                            ---------------------------
                                            Floyd W. Glisson
                                            Chairman and Chief Executive Officer
#### STATE OF CONNECTICUT *v.*LARRY L. BIGELOW, JR.

The defendant’s petition for certification for appeal from the Appellate Court, 120 Conn. App. 632 (AC 29787), is denied.

*917
      *RichardE. Condon, Jr.,*assistant public defender, in support of the petition.

*Rita M. Shair,*senior assistant state’s attorney, in opposition.

Decided June 24, 2010
<PAGE>   1
                                                                    EXHIBIT 11.1



                         MARINE MANAGEMENT SYSTEMS, INC.
                    COMPUTATION OF EARNINGS PER COMMON SHARE
                      METHOD - FAS 128, PRIOR YEAR RESTATED
                                   (UNAUDITED)



<TABLE>
<CAPTION>
                                                           Six Months Ended                     Three Months Ended
                                                      June 30,           June 30,          June 30,            June 30,
                                                        1998              1997               1998                1997
                                                    -----------        -----------        -----------        -----------

<S>                                                 <C>                <C>                <C>                <C>        
Common shares outstanding at January 1:               4,421,120          2,701,110          4,421,120          2,701,110

IPO offering, May 7, 1997                                     0          1,440,000                  0          1,440,000


Other stock transactions in 1997, net:                        0            202,243                  0            202,243
                                                    -----------        -----------        -----------        -----------


Common shares outstanding on June 30,:                4,421,120          4,343,353          4,421,120          4,343,353

Adjustment to weighted average:                               0         (1,146,673)                 0           (573,337)


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

Weighted average outstanding shares @ June 30         4,421,120          3,196,680          4,421,120          3,770,016
                                                    ===========        ===========        ===========        ===========

Net loss for periods ending June 30,                $(1,245,865)       $(1,449,344)       $  (896,471)       $  (921,490)

Preferred dividends                                           0              (5753)                 0              (5753)
                                                    -----------        -----------        -----------        -----------

Adjusted net loss:                                  $(1,245,865)       $(1,455,097)       $  (896,471)       $  (927,243)
                                                    ===========        ===========        ===========        ===========

 Basic and diluted earnings (loss) per share:       $     (0.28)       $     (0.46)       $     (0.20)       $     (0.25)

 Prior Stated                                                          $     (0.39)                          $     (0.22)
</TABLE>




                 See accompanying Notes to Financial Statements
TKP

IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 19-0462

ROBERT L. ROSE,

Petitioner and Appellant,

v.

STATE OF MONTANA, 

Respondent and Appellee.

ORDER

Upon consideration of Appellee’s motion for a 30-day extension of time, 

and good cause appearing therefor,

IT IS HEREBY ORDERED that Appellee is granted an extension of time

to and including July 25, 2020, within which to prepare, serve, and file the 

State’s response.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

June 18 2020

06/18/2020

Case Number: DA 19-0462
[No. 34419-0-II.

Division Two.

August 14, 2007.]

#### The State of Washington, *Respondent,*v. Oscar Alexander Serrano, *Appellant.*

Appeal from a judgment of the Superior Court for Thurston County, No. 03-1-01091-3, Gary Tabor, J., entered February 17, 2006. *Affirmed*by unpublished opinion per Penoyar, J., concurred in by Armstrong and Hunt, JJ.
1 ... T hi s procee di ng ar i s es out of Caus e N o. 199 5- C I

- 13 44 5, pendi ng i n t he 15 0t h J udi ci al D i s t r i ct Co ur t , B exa r C o unt y , T exas, t he H o no rable Janet Li t t l ejo hn presi d i ng. i i i i i i



## MEM ORA ND UM OP INION No. 04-09-00774- CV IN RE Al an U RE STI Orig inal Mandamus Proce eding 1 

### PER C URI AM Sitt ing: Kar en Ang elini, J ustice

Rebec ca Simmons, J ustice Marialy n Ba rnar d, J ustice Deliver ed and F iled: Dece mber 16, 2009 PETI TI ON F OR WR I T OF MANDAMUS DEN I ED On Decem b er 3, 2009, relator f iled a petition for wr it of mandamus. The c ourt has considere d rela tor’s petition for wr it of mandamus and is of the opinion that relator is not entitled to the relief

soug ht. Accor dingly , the petition for wr it of mandamus is DENI ED. See T EX 

### . R. A PP 

### . P. 52.8(a). PER CU RI AM
2009-1271.

#### State v. Jackson.

Cuyahoga App. No. 91180, 2009-Ohio-2710.
#### UNITED STATES of America, Plaintiff-Appellee, v. Demario Donnell SMITH, Defendant-Appellant. *392United States of America, Plaintiff-Appellee, v. Christopher Eugene Bradford, Defendant-Appellant.

No. 06-50478, 06-50541

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

March 8, 2007.

Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Bertram Oliver Wood, III, San Antonio, TX, for Defendant-Appellants.

Before DeMOSS, STEWART and PRADO, Circuit Judges.

PER CURIAM: *

Following the denial of a motion to suppress a firearm and cash discovered during a vehicle search (following a traffic stop), Demario Donnell Smith and Christopher Eugene Bradford entered conditional guilty pleas to bank robbery and aiding and abetting. Smith and Bradford were both sentenced to 96 months of imprisonment. They now appeal the denial of the suppression motion. They do not challenge the validity of the initial stop. In*393stead, they argue only that the vehicle search was improper.

Conclusions of law concerning a motion to suppress are reviewed de novo; findings of fact, for clear error. *United States v. Navarro,*169 F.3d 228, 231 (5th Cir.1999). The appellants do not challenge any findings of fact. In this case, the officer who made the stop received a lookout alert for three black males in a black Honda Civic who had just committed an armed bank robbery. Shortly thereafter, the officer observed Smith and two other black males in just such a vehicle. As the officer approached the vehicle on foot, he saw the occupant in the back seat of the vehicle move abruptly in the vehicle. Under these circumstances, any reasonably prudent officer would have feared for his safety. Thus, the protective search of the vehicle in this case did not violate the Fourth Amendment. *See Michigan v. Long,*463 U.S. 1032, 1051, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983); *United States v. Wallen,*388 F.3d 161, 165-66 (5th Cir. 2004); *United States v. Shabazz,*993 F.2d 431, 434 (5th Cir.1993). Since the firearm and the cash were hidden in an area of the center console that was easily accessible to the occupants of the vehicle, the officers did not exceed their authority in searching that area. We therefore uphold the district court’s denial of the suppression motion.

Bradford also challenges his 96-month sentence as an unreasonable upward deviation from his guideline sentencing range of 63 to 78 months. The district court’s stated reasons for the sentence imposed enable us to determine that the factors set forth at 18 U.S.C. § 3553(a) support the sentence. *See United States v. Smith,*440 F.3d, 704, 709-10 (5th Cir. 2006). Moreover, the deviation was reasonable. *Id.*at 708 n. 5, 709-10. We therefore uphold the sentence imposed by the district court.

AFFIRMED.

*

 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.
[Federal Register Volume 66, Number 34 (Tuesday, February 20, 2001)]
[Notices]
[Page 10890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4133]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY

[FEMA-1355-DR]


Oklahoma; Amendment No. 7 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the 
State of Oklahoma (FEMA-1355-DR), dated January 5, 2001, and related 
determinations.

EFFECTIVE DATE: February 5, 2001.

FOR FURTHER INFORMATION CONTACT: Madge Dale, Response and Recovery 
Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3772.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as authorized by 
the President in a letter dated January 18, 2001, FEMA is extending the 
time period for reimbursement at 90 percent of the costs of debris 
removal through July 6, 2001.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 83.537, Community 
Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis 
Counseling; 83.540, Disaster Legal Services Program; 83.541, 
Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression 
Assistance; 83.543, Individual and Family Grant (IFG) Program; 
83.544, Public Assistance Grants; 83.545, Disaster Housing Program; 
83.548, Hazard Mitigation Grant Program.)
Lacy E. Suiter,
Executive Associate Director, Response and Recovery Directorate.
[FR Doc. 01-4133 Filed 2-16-01; 8:45 am]
BILLING CODE 6718-02-P
**EXHIBIT 32.1**

 

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

**AS ADOPTEDPURSUANT 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 Chase Packaging Corporation(the “Company”) does hereby certify, to such officer’s knowledge, that:

 

The Quarterly Report on Form 10-Q for the period ended March 31,2010 (the “Form 10-Q”) of the Company fully complies with the requirementsof Section 13(a) or 15(d), as applicable, of the Securities ExchangeAct of 1934, and the information contained in the Form 10-Q fairlypresents, in all material respects, the financial condition and results ofoperations of the Company as of, and for, the periods presented in the Form 10-Q.

 

The foregoing certification is being furnished as an exhibit to the Form 10-Qpursuant to Item 601(b)(32) of Regulation S-K and Section 906 of theSarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350,Chapter 63 of Title 18, United States Code) and, accordingly, is not beingfiled as part of the Form 10-Q for purposes of Section 18 of theSecurities Exchange Act of 1934, as amended, and is not incorporated byreference into any filing of the Company, whether made before or after the datehereof, regardless of any general incorporation language in such filing.

 

 
| May 12, 2010 | /s/ Allen T. McInnes                            |
|-------------------|-------------------------------------------------|
|              | Allen T. McInnes                                |
|              | Chairman of the Board, President, and Treasurer |
|              | (Principal Executive Officer)                   |

 

1

----
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 Mine Clearing Corp. (the Company) on Form 10-K/A for the period ending August 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Larry Olson, Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C. §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 the Company.  /s/ Larry Olson Larry Olson 
Principal Executive Officer 
March 8, 2010  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 Mine Clearing Corp. (the Company) on Form 10-K/A for the period ending August 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Larry Olson, Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. §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 the Company.  /s/ Larry Olson Larry Olson
Principal Financial Officer 
March 8, 2010
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           37508
<SECURITIES>                                         0
<RECEIVABLES>                                    34986
<ALLOWANCES>                                      1955
<INVENTORY>                                     124976
<CURRENT-ASSETS>                                282341
<PP&E>                                          397561
<DEPRECIATION>                                  132354
<TOTAL-ASSETS>                                  616279
<CURRENT-LIABILITIES>                           233058
<BONDS>                                         589557
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (494043)
<TOTAL-LIABILITY-AND-EQUITY>                    616279
<SALES>                                        1661296
<TOTAL-REVENUES>                               1661296
<CGS>                                          1209494
<TOTAL-COSTS>                                   397146
<OTHER-EXPENSES>                                393991
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               94833
<INCOME-PRETAX>                               (434168)
<INCOME-TAX>                                      1201
<INCOME-CONTINUING>                           (435369)
<DISCONTINUED>                                 (11181)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (446500)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>