alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-93,799-01

EX PARTE ORLANDO MARTINEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 13-CRD-01-A IN THE 229 DISTRICT COURT TH

FROM DUVAL COUNTY 

Per curiam. YEARY, J. filed a concurring opinion, which SLAUGHTER, J. joined.

O R D E R

Applicant was convicted of one count of aggravated sexual assault, one count of indecency

with a child and one count of continuous sexual assault of a child. He was sentenced to twentyseven years in two counts and twenty years’ imprisonment in one count. Applicant filed this

application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded

it to this Court. See TEX. CODE CRIM. PROC. art. 11.07. 

The district clerk properly forwarded this application to this Court under Texas Rule of

Appellate Procedure 73.4(b)(5). However, the habeas record indicates that the trial court has set a

hearing in this cause. It appears that the trial court is still gathering information in this case, and the

application was forwarded before the trial court made findings of fact and conclusions of law. We
remand this application to the trial court to complete its evidentiary investigation and make findings

of fact and conclusions of law.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX.R.APP.P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court. 

Filed: June 8 , 2022 th

Do not publish
### §396a. Lease of lands to native Hawaiians, residence requirements; fishing

(a) The Secretary of the Interior is authorized to lease, under such rules and regulations as he may deem proper, land ascertained by him to be suitable for home site purposes in the Kalapana extension as described in section 391b of this title, to native Hawaiians when such occupancy does not encroach on or prevent free access to any points of historic, scientific, or scenic interest or in any manner obstruct or interfere with protection and preservation of said area as a part of the Hawaii National Park: Provided, however, That occupants of homesites shall reside on the land not less than six months in any one year: And provided further, That fishing shall be permitted in said area only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance.

(b) The term "native Hawaiian", as used in this section, means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778.

(June 20, 1938, ch. 530, §3, 52 Stat. 784.)

#### **Statutory Notes and Related Subsidiaries**

#### Hawai‘i Volcanoes National Park

Designation of portion of Hawaii National Park situated on island of Hawaii as Hawai‘i Volcanoes National Park, effective Sept. 22, 1961, see section 391d of this title.
#### The People of the State of New York, Respondent, v Alberto Matos, Also Known as Joseph DeLarosa, Kiko De La Rosa, Jose Kiko, and Roberto Matos, Appellant.

[824 NYS2d 500]

Mercure, J.E

Appeal from a judgment of the County Court of Saratoga County (Scarano, Jr., J.), rendered April 4, 2003, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.

In January 2003, defendant pleaded guilty to criminal possession of a controlled substance in the second degree in full satisfaction of a 19-count indictment arising out of his involvement in a drug-selling operation. He was sentenced to a prison term of IOV2 years to life. Defendant appeals, challenging the validity of his waiver of the right to appeal made in connection with the plea, as well as the severity of his sentence.* The record reveals, however, that defendant signed a comprehensive written acknowledgment of his right to appeal and waiver of that right, and that defendant informed County Court during the plea colloquy that his attorney had explained the meaning of the written waiver to him and he understood it. In light of his knowing, voluntary and intelligent waiver of the right to appeal, defendant’s arguments regarding the severity of his sentence are precluded *(see People v Lopez,*6 NY3d 248, 255-256 [2006]; *People v Schwickrath,*23 AD3d 707, 708 [2005]).

Crew III, Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.

*

 Defendant states in his brief on appeal that he was resentenced in January 2006 to a determinate term of IOV2 years in prison. In a separate letter, he further withdraws point I of his brief, in which he asserted that a pending petit larceny charge against him was not dismissed in accordance with the plea agreement *(see*27 AD3d 778, 778 [2006]).
### §§450qq to 450qq–4. Omitted

#### **Editorial Notes**

#### Codification

Sections provided for the Biscayne National Monument which was abolished and its lands, waters, and interests incorporated within and made part of the Biscayne National Park and funds of and authorizations of funds for the Monument made available for the Park pursuant to Pub. L. 96–287, title I, §103(b), June 28, 1980, 94 Stat. 600, classified to section 410gg–2(b) of this title.

Section 450qq, Pub. L. 90–606, §1, Oct. 18, 1968, 82 Stat. 1188, authorized establishment of the Monument, made drawings of the Monument area available for public inspection in the offices of the National Park Service, authorized revision of boundaries, prescribed limitation of ninety-six thousand three hundred acres, and prohibited outward revision of the Monument or obstruction of prospective seaport channels. See section 410gg of this title.

Section 450qq–1, Pub. L. 90–606, §2, Oct. 18, 1968, 82 Stat. 1188, provided for acquisition of property, authorized maximum of eighty acres for a mainland headquarters site and forty acres for a Key Largo visitor contact site, and authorized exchange of Federal for non-Federal property, including cash equalization payments. See section 410gg–1 of this title.

Section 450qq–2, Pub. L. 90–606, §3, Oct. 18, 1968, 82 Stat. 1189, required the donation and transfer of State lands as condition for establishment of the Monument and Federal acquisition of other lands, and authorized land options for the Secretary and acquisitions to be made after State transfers.

Section 450qq–3, Pub. L. 90–606, §4, Oct. 18, 1968, 82 Stat. 1189, provided for administration of the Monument and recognition of fishing rights under Florida law as otherwise regulated by the Secretary. See section 410gg–2 of this title.

Section 450qq–4, Pub. L. 90–606, §5, Oct. 18, 1968, 82 Stat. 1189; Pub. L. 93–477, title I, §101(1), Oct. 26, 1974, 88 Stat. 1445; Pub. L. 95–625, title I, §101(4), Nov. 10, 1978, 92 Stat. 3470, authorized appropriation of $28,350,000 and $6,565,000 for land acquisition and development. See section 410gg–5 of this title.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 46 Engrossed in Senate (ES)]

<DOC>
116th CONGRESS
  1st Session
S. J. RES. 46

_______________________________________________________________________

                            JOINT RESOLUTION

 
Providing for congressional disapproval of the proposed transfer to the 
      United Arab Emirates certain defense articles and services.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the issuance of an export 
license with respect to the following proposed exports to the United 
Arab Emirates is prohibited:
            (1) The transfer of the following defense articles, 
        including services and technical data, described in Executive 
        Communication 1415 (EC-1415) submitted to Congress pursuant to 
        section 36(c) of the Arms Export Control Act (22 U.S.C. 
        2776(c)) and published in the Congressional Record on June 3, 
        2019: The proposed export of 100 M107A1 .50 caliber semi-
        automatic rifles and sound suppressors to the United Arab 
        Emirates for use by the Armed Forces General Headquarters of 
        the United Arab Emirates.

            Passed the Senate June 20, 2019.

            Attest:

                                                             Secretary.
116th CONGRESS

  1st Session

                             S. J. RES. 46

_______________________________________________________________________

                            JOINT RESOLUTION

Providing for congressional disapproval of the proposed transfer to the 
      United Arab Emirates certain defense articles and services.
```
## Appendix D - California Minor NSR Permit Programs

**Table 1: Districts with SIP-approved Minor Source programs**

**District Require ATC to**  **Construct? Applies to All** 

**NAAQS? FR citation**  **Approval Date**  1 Amador County APCD Reg V - Rule 1 Reg V - Rule 1 37 FR 19806 9/22/1972 2 Antelope Valley AQMD Rule 201 Rule 201 70 FR 8518 2/22/2005 3 Bay Area AQMD Reg 2-1-301 Reg 2-6-222 64 FR 3850 60 FR 32606 1/26/1999

6/23/1995 4 Butte County AQMD Rule 402 Rule 402 52 FR 3226 2/3/1987 5 Calaveras County APCD Rule 201 Rule 201 42 FR 42225 8/22/1977 6 Colusa County APCD Rule 2.5 Rule 2.5 37 FR 19812 9/22/1972 7 Eastern Kern APCD Rule 201 Rule 201 72 FR 63107 11/8/2007 8 El Dorado County AQMD Rule 501.3 Rule 501.3 65 FR 4887 2/2/2000 9 Feather River AQMD (Yuba County) (Sutter County) Rule 4.01 a Rule 4.01 a Rule 4.01 a

Rule 4.01 a 47 FR 15585

47 FR 15585 4/12/1982

4/12/1982 10 Glenn County APCD Rule 50 Rule 50 37 FR 19806 9/22/1972 11 Great Basin Unified APCD Rule 200 A Rule 200 A 41 FR 53661 12/8/1976 12 Imperial County APCD Rule 201 Rule 201 76 FR 26615 5/9/2011 13 Lassen County APCD Rule 2.0 Rule 2.0 37 FR 19806 9/22/1972 14Mendocino County AQMD Rule 200(a) Rule 200(a) 54 FR 14650 4/12/1989 15 Modoc County APCD Rule 2.0 Rule 2.0 37 FR 19812 9/22/1972 16Monterey Bay Unified APCD Rule 200 1. Rule 200 1. 64 FR 35577 7/1/1999 17 North Coast Unified AQMD Rule 200(a) Rule 200(a) 50 FR 30941 7/31/1985 18Northern Sonoma APCD Rule 10(a) Rule 10(a) 37 FR 19812 9/22/1972 19 Placer County APCD* (Lake Tahoe Basin) (Mountain Counties Basin) (Sacramento Valley Basin) Art2 Sec10 Art2 Sec10 Art2 Sec10 Art2 Sec10

Art2 Sec10 Art2 Sec10 78 FR 58460

78 FR 58460 78 FR 58460 9/24/2013

9/24/2013 9/24/2013 20Sacramento Metropolitan AQMD Rule 201 Rule 201 (301) 52 FR 26148 7/13/1987

21San Diego County APCD Rule 10(a) Rule 10(a) 63 FR 11831 3/11/1998 22San Joaquin Valley Unified APCD Rule 2010 (3.0) Rule 2010 (3.0) 64 FR 39920 7/23/1999

23San Luis Obispo County APCD Rule 201 A Rule 201 A 52 FR 26148 7/13/1987 24Santa Barbara County APCD Rule 201 A Rule 201 A 47 FR 19330 5/5/1982 25Shasta County AQMD Rule 2:1A a Rule 2:1A 47 FR 26381 6/18/1982 26Siskiyou County APCD Rule 2.1 A Rule 2.1 A 61 FR 56629 11/4/1996 27South Coast AQMD Rule 201 Rule 201 64 FR 25828 5/13/1999 28 Tehama County APCD Rule 2:2 a. R2:2 a 37 FR 10856 5/31/1972 29 Ventura County APCD Rule 10 A Rule 10 A 68 FR 9561 2/28/2003 30 Yolo-Solano AQMD Rule 3.1 301 Rule 3.1 303 62 FR 36214 7/7/1997

* = Placer County APCD has submitted Rule 501 for SIP approval and to replace older county rules. ^ = Listed as Rule 502 in SIP, but contains Article 2, Section 10.**Table 2: Districts with local, but not SIP-approved Minor Source programs**

**District Require ATC to**  **Construct? Applies to All** 

**NAAQS?** 1 Lake County AQMD Chap IV, Art I, Sec 600 Chap IV, Art I,

Sec 600 2 Mariposa County APCD Rule 401 Rule 401 3 Mojave Desert AQMD Rule 201 Rule 201 4 Northern Sierra AQMD Rule 401 Rule 401 5 Tuolumne County APCD Rule 401 Rule 401
## MA**TERIA LS NOT INCLUDED IN** 

**AI RWORTHINESS DIRECTIVE (A**  **D) DOCKET**
**FAA -**  **20 13**  **- 0380**  Docket Number
**20 12**  **- SW**  **- 067**  **- AD**  Directorate Identifier Name/Description of Item(s) Not Included in DMS Docket and Maintained in the Supplemental AD Docket Robinson R22 Service Bulletin SB - 105, dated September 7, 2011 .


### MA **Y BE VIEWED AT:** Federal Aviation Administration

Office of the Regional Counsel, Southwest Region Rules Docket 2601 Meacham Blvd., Room 663 Fort W orth, Texas 76137 **DURING THE HOURS OF:** 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
§ 51.18 Federal court-ordered changes. ( a ) *In general.* Changes affecting voting for which approval by a Federal court is required, or that are ordered by a Federal court, are exempt from section 5 review only where the Federal court prepared the change and the change has not been subsequently adopted or modified by the relevant governmental body. *McDaniel* v. *Sanchez,* 452 U.S. 130 (1981). (*See also* § 51.22.)
( b ) *Subsequent changes.* Where a Federal court-ordered change is not itself subject to the preclearance requirement, subsequent changes necessitated by the court order but decided upon by the jurisdiction remain subject to preclearance. For example, voting precinct and polling changes made necessary by a court-ordered redistricting plan are subject to section 5 review.
( c ) *Alteration in section 5 status.* Where a Federal court-ordered change at its inception is not subject to review under section 5, a subsequent action by the submitting authority demonstrating that the change reflects its policy choices (*e.g.,* adoption or ratification of the change, or implementation in a manner not explicitly authorized by the court) will render the change subject to review under section 5 with regard to any future implementation.
( d ) *In emergencies.* A Federal court's authorization of the emergency interim use without preclearance of a voting change does not exempt from section 5 review any use of that practice not explicitly authorized by the court.
[Order No. 3262-2011, 76 FR 21244, Apr. 15, 2011]
§ 571.40 Purpose and scope. An inmate may file a petition for commutation of sentence in accordance with the provisions of 28 CFR part 1. ( a ) An inmate may request from the inmate's case manager the appropriate forms (and instructions) for filing a petition for commutation of sentence.
( b ) When specifically requested by the U.S. Pardon Attorney, the Director, Bureau of Prisons will forward a recommendation on the inmate's petition for commutation of sentence.
[47 FR 9756, Mar. 5, 1982]
### §423l–3. Richmond National Battlefield Park; boundaries

#### (a) Establishment and purpose

For the purpose of protecting, managing, and interpreting the resources associated with the Civil War battles in and around the City of Richmond, Virginia, there is established the Richmond National Battlefield Park consisting of approximately 7,307 acres of land, as generally depicted on the map entitled "Richmond National Battlefield Park Boundary Revision", numbered 367N.E.F.A.80026A, and dated September 2000. The map shall be on file in the appropriate offices of the National Park Service.

#### (b) Boundary adjustments

The Secretary may make minor adjustments in the boundaries of the battlefield park consistent with section 100506(c) of title 54.

(Pub. L. 106–511, title V, §503, Nov. 13, 2000, 114 Stat. 2374.)

#### **Editorial Notes**

#### Codification

In subsec. (b), "section 100506(c) of title 54" substituted for "section 7(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9(c))" on authority of Pub. L. 113–287, §6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.
#### § 345.64 Referral of releasable medical data to FPI staff.

The SOI is responsible for ensuring that appropriate releasable information pertaining to an inmate's medical limitation (e.g., back injury) is made available to the FPI staff member who directly supervises the assignment.
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

TED JUSTIN WILLIAMS,

Appellant,

v. Case No. 5D22-1888

LT Case No. 2019-CF-17095-A

STATE OF FLORIDA,

Appellee.

________________________________/

Decision filed August 1, 2023

Appeal from the Circuit Court 

for Brevard County,

John M. Griesbaum, Judge.

Matthew J. Metz, Public Defender, 

and Edward J. Weiss, Assistant 

Public Defender, Daytona Beach, for 

Appellant.

Ashley Moody, Attorney General, 

Tallahassee, and Robin A. Compton, 

Assistant Attorney General, Daytona 

Beach, for Appellee.

PER CURIAM.

AFFIRMED.

MAKAR, KILBANE and MACIVER, JJ., concur.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

KAMONTE MCNEIL,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D18-3802

[August 8, 2019]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Seventeenth Judicial Circuit, Broward County; Thomas J. Coleman, 

Judge; L.T. Case No. 10-012894CF10A.

Robert David Malove of Robert David Malove, P.A., Fort Lauderdale, for 

appellant.

Ashley Moody, Attorney General, Tallahassee, and Melynda L. Melear, 

Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CONNER, FORST and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
§ 490.809 Data requirements. ( a ) The data needed to calculate the Total Emission Reduction measure shall come from the CMAQ Public Access System and includes: ( 1 ) The applicable nonattainment or maintenance area;
( 2 ) The applicable MPO; and
( 3 ) The emissions reduction estimated for each CMAQ funded project for each of the applicable criteria pollutants and their precursors for which the area is nonattainment or maintenance.
( b ) The State DOT shall: ( 1 ) Enter project information into the CMAQ project tracking system for each CMAQ project funded in the previous fiscal year by March 1st of the following fiscal year; and
( 2 ) Extract the data necessary to calculate the Total Emissions Reduction measures as it appears in the CMAQ Public Access System on July 1st for projects obligated in the prior fiscal year.
( c ) Nonattainment and maintenance area determinations for the CMAQ Total Emissions Reduction measure: ( 1 ) The CMAQ Total Emissions Reduction measure applies to nonattainment and maintenance areas. Such areas shall be identified based on the effective date of U.S. EPA's designations under the NAAQS in 40 CFR part 81, as of the date 1 year before the State DOT Baseline Performance Period Report is due to FHWA.
( 2 ) The nonattainment and maintenance areas to which the Total Emissions Reduction measure applies shall be revised if, on the date 1 year before the State DOT Mid Performance Period Progress Report is due to FHWA, the area is no longer in nonattainment or maintenance for a pollutant included in § 490.803.
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 Walnut  Valley  Ventures,
Inc.,  on Form  10-QSB for the period  ending  March 31,  2001 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "REPORT"),  the
undersigned, B. Stephen Bailey, Chief Executive Officer and Principal Accounting
Officer of the Company,  certify, pursuant to 18 U.S.C. Section 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: April 19, 2004

/s/ B. Stephen Bailey
B. Stephen Bailey
President
(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.
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 Private  Access,  Inc., 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,  Daniel L. Hodges, Chief Executive Officer and Principal Accounting
Officer of the Company,  certify, pursuant to 18 U.S.C. Section 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: April 19, 2005


/s/ Daniel L. Hodges
Daniel L. Hodges
President
(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.
Exhibit 32
Chief Executive Officer and Principal Financial Officer Certification

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


     Each of the  undersigned  hereby  certifies,  in accordance  with 18 U.S.C.
Section 1350 (as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002),  in his capacity as an officer of Senior  Optician  Service,  Inc.,  (the
"Company"),  that, to his knowledge,  the Quarterly Report on Form 10-QSB of the
Company for the period ended June 30, 2007 (the  "Report")  fully  complies with
the  requirements  of section 13(a) or 15(d) of the  Securities  Exchange Act of
1934 and that  information  contained  in the  Report  fairly  presents,  in all
material  respects,  the  financial  condition  and results of  operation of the
Company. A signed original of this written statement required by Section 906 has
been provided to the  registrant and will be retained by it and furnished to the
Securities and Exchange Commission or its staff upon request.


Dated: August 13, 2007

                                                            /s/ Patrick Downey
                                                           -------------------
                                                           Patrick Downey
                                                           CEO/CFO