alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## NUMBER 13

- 1 9

- 00 5 86

- CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

____________________________________________________________

VICTOR MANUEL QUIJAN O

, A ppellant

,

v.

MARIA EUGENIA AMAYA

, A ppellee

.

____________________________________________________________

On a ppeal from the 138th District Court

of Cameron County, Texas.

____________________________________________________________



## MEMORANDUM OPINION

Before Justices Benavides, Hinojosa , and Tijerina

Memorandum Opinion by Justice Tijerina

Appellant, Victor Manuel Quijano , appealed a judgment entered by the 138th

District Court of Cameron County, Texas. On November 15 , 201 9

, and on December 4,

2019 , the Clerk of this Court notified appellant , in accordance with Texas Rule of

Appellate Procedure 42.3(c), that it would dismiss this appeal unless the $ 205 .00 filing2 fee was paid

. See T EX

. R. A PP

. P

. 42.3(c)

. Appellant has neither respo nded to the

notice from the Clerk n or paid the $ 205 .00 filing fee. See T EX

. R. A PP

. P

. 5, 12.1(b).

The Court, having considered the documents on file and appellant ’ s failure to pay

the filing fee , is of the opinion that the appeal should be dismissed. Se e id. 42.3(b),(c).

Accordingly, the appeal is DISMISSED for want of prosecution.

JAIME TIJERINA

, J ustice

Delivered and filed the

16th day of January , 20 20

.
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 82330 / December 14, 2017

ADMINISTRATIVE PROCEEDING

File No. 3-17740

In the Matter of

 Augustine Capital Management, 

 LLC (F/K/A Augustine Capital

 Management, Inc.), John T. 

 Porter, and Thomas F.

 Duszynski, CPA

 

Respondents.

:

:

:

:

:

:

:

:

:

:

ORDER APPOINTING 

TAX ADMINISTRATOR

By order dated June 30, 2017, the Commission issued the “Omnibus Order Directing the 

Appointment of Tax Administrator in Administrative Proceedings that Establish Distribution 

Funds” (“Omnibus Order”),1authorizing the Secretary to issue orders beginning June 2017 and for 

calendar year 2018 appointing, upon request by the Commission staff, Miller Kaplan Arase LLP, a 

certified public accounting firm, which acquired Damasco & Associates LLP (“Miller Kaplan”), 

with one of their offices located in San Francisco, California, as tax administrator (“Tax 

Administrator”) in administrative proceedings where the distribution fund may incur tax-related 

obligations as a Qualified Settlement Fund (“QSF”) under the Department of the Treasury 

Regulation § 1.468B-1(c). 

On December 14, 2017 the Commission staff requested the appointment of Miller Kaplan 

as the Tax Administrator for the QSF in the above-referenced proceeding. 

Accordingly, IT IS ORDERED that Miller Kaplan, pursuant to and in accordance with the 

Omnibus Order, is appointed the Tax Administrator for the QSF in the above-referenced proceeding. 

For the Commission, by its Secretary, pursuant to delegated authority.

Brent J. Fields

Secretary

 

1

 Exchange Act Rel. No. 81057 (June 30, 2017).
|  |  | [if !vml]>[endif]>

[if !vml]>[endif]>

You have  reached the Federal Depository Library Program Electronic Collection  (FDLP/EC) Archive. This archive assures ongoing access to publications in the  FDLP/EC. Access to publications in the archive is available through GPO's  suite of cataloging and locator services, including the Catalog of U.S.  Government Publications.
Title:  Mineral  resources of the La Garita Wilderness, San Juan  Mountains, southwestern Colorado
[Report]  Plates:  1  |   2
SuDocs No.  I 19.3:1420 | Item No. 0620
A service of the Superintendent of Documents,  U.S. Government Printing Office..

 

 
 
 
Last updated:  September 24,  2016  Page Name:  http://permanent.fdlp.gov/
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|--|--|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### § 35.132 Smoking.

This part does not preclude the prohibition of, or the imposition of restrictions on, smoking in transportation covered by this part.
### §698o. Protection of significant historic assets

The Secretary, with the consent of the owners thereof, may acquire by donation or purchase with donated funds the following properties or sites of significant historic interest in Duval County, Florida:

(1) Spanish sixteenth century forts San Gabriel and San Estaban.

(2) Spanish eighteenth century fort Dos Hermanas.

(3) English eighteenth century forts at Saint Johns Bluff and Fort George Island.

(4) Spanish sixteenth and seventeenth century mission San Juan del Puerto.

(5) Site of the American Revolutionary War battle of Thomas Creek.

(6) The Zephaniah Kingsley plantation, with its eighteenth and nineteenth century buildings.

(7) The Spanish American War fortification on Saint Johns Bluff.

(8) The confederate fort known as the Yellow Bluff Fort State Historic Site.

(Pub. L. 100–249, title II, §202, Feb. 16, 1988, 102 Stat. 14.)
**REGULATORY EVALUATION**

**Directorate Identifier:** 20 11

- NM

- 015

- AD

**Executive Order 12866:** Could the AD be considered a “significant regulatory action”? YES ( ) explain NO (X) **DOT Regulatory Policies and Procedures:** Is the AD significant? YES ( ) explain NO (X) **Regulatory Flexibility Act:** Will the AD have a significant economic impact on a substantial number of small entities? YES ( ) explain NO (X) **Intrastate Aviation in Alaska:** This AD could affect intrastate aviation in Alaska. I s it appropriate t o include specific requirements for aircraft operated in Alaska, where aviation might be the only mode of transportation? YES ( ) explain NO (X)
### §539l–2. James Peak Fall River trailhead

#### (a) Services and facilities

Following the consultation required by subsection (c), the Forest Supervisor of the Arapaho/Roosevelt National Forest in the State of Colorado (in this section referred to as the "Forest Supervisor") shall establish a trailhead and corresponding facilities and services to regulate use of National Forest System lands in the vicinity of the Fall River basin south of the communities of Alice Township and St. Mary's Glacier in the State of Colorado. The facilities and services shall include the following:

(1) Trailhead parking.

(2) Public restroom accommodations.

(3) Trailhead and trail maintenance.

#### (b) Personnel

The Forest Supervisor shall assign Forest Service personnel to provide appropriate management and oversight of the area described in subsection (a).

#### (c) Consultation

The Forest Supervisor shall consult with the Clear Creek County commissioners and with residents of Alice Township and St. Mary's Glacier regarding—

(1) the appropriate location of facilities and services in the area described in subsection (a); and

(2) appropriate measures that may be needed in this area—

(A) to provide access by emergency or law enforcement vehicles;

(B) for public health; and

(C) to address concerns regarding impeded access by local residents.

#### (d) Report

After the consultation required by subsection (c), the Forest Supervisor shall submit to the Committee on Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report regarding the amount of any additional funding required to implement this section.

(Pub. L. 107–216, §5, Aug. 21, 2002, 116 Stat. 1060.)

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

#### Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§ 299.2 Distribution of Service forms. The distribution of official Immigration and Naturalization applications, petitions, and related forms is as follows: ( a ) Any officer or employee of the Service may issue official application or petition and related forms to the person for whose use the form is intended or to a person identified as a representative of the intended user in the quantity required for filing the application or petition and related forms.
( b ) A small quantity, twenty-five (25) copies, may be issued to organizations and practitioners who make written request to the Regional Commissioner for the geographic location of the requester if such forms have not been made available for purchase from the Superintendent of Documents, Washington, DC 20402.
( c ) Voluntary agencies (VOLAGS) participating in the Outreach Program of the Service who make written request to the Regional Commissioner for the geographic location of the requester may be furnished Service forms gratis in the volumes requested.
[43 FR 14304, Apr. 5, 1978, as amended at 45 FR 6777, Jan. 30, 1980; 45 FR 21611, Apr. 2, 1980]
Third Department,

March, 1943.

(March 1, 1943.)

#### The People of the State of New York ex rel. Frank Blaszak, Appellant, against Blakely R. Webster, as Superintendent of Dannemora State Hospital, Respondent.

All concur.
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 75789 / August 28, 2015

ADMINISTRATIVE PROCEEDING

File No. 3-16755

____________________________________

 :

In the Matter of :

 :

SUCCESS TRADE, INC., : ORDER APPOINTING

SUCCESS TRADE SECURITIES, : TAX ADMINISTRATOR

INC., AND FUAD AHMED, :

:

Respondents. :

____________________________________:

By order dated January 17, 2013, the Commission issued the “Omnibus Order 

Directing the Appointment of Tax Administrator in Administrative Proceedings that 

Establish Distribution Funds” (“Omnibus Order”), Rel. No. 34-68683, authorizing the 

Secretary to issue orders during calendar years 2013-2015 appointing, upon request by 

the Commission staff, Damasco and Associates LLP (“Damasco”), a certified public 

accounting firm located in Half Moon Bay, California, as tax administrator (“Tax 

Administrator”) in administrative proceedings where the distribution fund may incur 

tax-related obligations as a Qualified Settlement Fund (“QSF”) under the Department of 

the Treasury Regulation § 1.468B-1(c). 

On August 26, 2015, the Commission staff requested, pursuant to the Omnibus 

Order, the appointment of Damasco as the Tax Administrator for the QSF in the 

above-referenced proceeding. 

Accordingly,

IT IS ORDERED that Damasco, pursuant to and in accordance with the Omnibus 

Order, is appointed the Tax Administrator for the QSF in the above-referenced 

proceeding. 

For the Commission, by its Secretary, pursuant to delegated authority.

Brent J. Fields

Secretary
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<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             APR-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          31,754
<SECURITIES>                                     4,660
<RECEIVABLES>                                      656
<ALLOWANCES>                                        46
<INVENTORY>                                          0
<CURRENT-ASSETS>                                38,005
<PP&E>                                           2,296
<DEPRECIATION>                                     248
<TOTAL-ASSETS>                                  41,275
<CURRENT-LIABILITIES>                            3,193
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      38,070
<TOTAL-LIABILITY-AND-EQUITY>                    41,275
<SALES>                                          1,484
<TOTAL-REVENUES>                                 1,484
<CGS>                                            2,206
<TOTAL-COSTS>                                    8,208
<OTHER-EXPENSES>                                  (617)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (6,107)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (6,107)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (6,107)
<EPS-BASIC>                                       (.51)
<EPS-DILUTED>                                     (.51)


</TABLE>
### §815. Contract to furnish power extending beyond period of license; obligations of new licensee

Whenever the public interest requires or justifies the execution by the licensee of contracts for the sale and delivery of power for periods extending beyond the date of termination of the license, such contracts may be entered into upon the joint approval of the commission and of the public-service commission or other similar authority in the State in which the sale or delivery of power is made, or if sold or delivered in a State which has no such public-service commission, then upon the approval of the commission, and thereafter, in the event of failure to issue a new license to the original licensee at the termination of the license, the United States or the new licensee, as the case may be, shall assume and fulfill all such contracts.

(June 10, 1920, ch. 285, pt. I, §22, 41 Stat. 1074; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, §212, 49 Stat. 847.)
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-50190

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

FRASIEL HUGHEY

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:95-CR-229

Before WIENER, STEWART, and CLEMENT, Circuit Judges.

PER CURIAM:*

Defendant-Appellant Frasiel Hughey appeals the 36-month sentence

imposed by the district court following the revocation of his supervised release.

Hughey was convicted in 1996 of two counts of fraud in connection with access

devices in violation of 18 U.S.C. § 1029(a)(2), multiple counts of possessing

counterfeit securities in violation of 18 U.S.C. § 513, and one count of bank fraud

in violation of 18 U.S.C. § 1344. Hughey had been serving a five-year term of

United States Court of Appeals

Fifth Circuit

F I L E D

December 2, 2008

Charles R. Fulbruge III

Clerk
No. 08-50190

2

supervised release for the bank fraud violation, which was a Class B felony,

when he violated the terms of his supervised release.

Hughey does not disagree with the district court’s determination that the

statutory maximum sentence on revocation is 36 months or that the district

court had the authority to impose the statutory maximum sentence. Rather, he

contends that the 36-month sentence is greater than necessary to achieve the

sentencing goals set forth in 18 U.S.C. § 3553 and is therefore unreasonable.

A district court may impose any sentence that falls within the maximum

term of imprisonment allowed by statute. See 18 U.S.C. § 3583(e)(2). In doing

so, the district court is to consider the factors set forth in § 3553(a) and the

advisory policy statements found in Chapter Seven of the Guidelines. United

States v. McKinney, 520 F.3d 425, 427-28 (5th Cir. 2008).

The record reflects that the district court considered the Chapter Seven

policy statements and the § 3553(a) factors. The district court specifically noted

Hughey’s recidivism and the need to protect society from future crimes. Thus,

the record reflects that Hughey’s sentence is supported by the factors set forth

in § 3553(a), particularly the need for the sentence to promote respect for the

law, to afford adequate deterrence to criminal conduct, and to protect the public

from future crimes.

The district court committed no error, plain or otherwise, and Hughey’s

sentence is neither unreasonable nor plainly unreasonable. See McKinney, 520

F.3d at 428. The judgment of the district court is AFFIRMED.
### §460ggg–1. National scenic area

#### (a) Designation and purposes

For the purposes of protecting and enhancing the natural beauty, special ecological features, watershed integrity, mature-forest habitat, scenic recreation opportunities and other distinctive values of certain lands in Georgia, the lands in the Chattahoochee National Forest, Georgia, which comprise approximately 7,100 acres, as generally depicted on a map entitled "Coosa Bald Scenic Area—Proposed", dated July 1991, are designated as a national scenic area and shall be known as the Coosa Bald National Scenic Area (hereafter in this section referred to as the "scenic area").

#### (b) Administration

(1) Subject to valid existing rights, the Secretary shall administer the scenic area in accordance with the laws, rules, and regulations applicable to the National Forest System in such a way as to further the purposes of this section.

(2) The Secretary may permit additional road construction in the scenic area in furtherance of the purposes for which the scenic area is established. Except as provided in this section, the Secretary may not conduct timber harvesting in the scenic area. The Secretary may remove timber in the scenic area in furtherance of this section, but only in a manner which does not impair the purposes for which the scenic area is established. Salvage or sanitation harvesting of timber stands which are substantially damaged by fire, windthrow or other catastrophe, or are in imminent danger from insect or disease attack, is authorized to maintain forest health. Timber harvesting is authorized to provide for visitor safety.

(3) By virtue of this designation alone, the Secretary need not change patterns of public access or closure on existing permanent national forest development roads. At his discretion, however, the Secretary may open or close such existing roads for public use for reasons of sound resource management.

(4) Nothing in this section shall prevent the completion of existing timber sales under contract.

(5) The scenic area is hereby withdrawn from the operation of all laws pertaining to mineral leasing.

(6) The Secretary may also permit, in his discretion, the continued maintenance of existing wildlife openings, in cooperation with the State of Georgia and other Federal, State, and private cooperators, and may permit new wildlife openings in furtherance of the purposes for which the scenic area is established.

(7) The Secretary shall protect, enhance, and promote the public's opportunities for primitive and semiprimitive experiences in the scenic area.

(Pub. L. 102–217, §3, Dec. 11, 1991, 105 Stat. 1667.)

#### **Editorial Notes**

#### References in Text

The laws pertaining to mineral leasing, referred to in subsec. (b)(5), are classified generally to Title 30, Mineral Lands and Mining.
§ 101.121 Posttermination proceedings. ( a ) An applicant or recipient adversely affected by the order terminating, discontinuing, or refusing Federal financial assistance in consequence of proceedings pursuant to this title may request the responsible Department official for an order authorizing payment, or permitting resumption, of Federal financial assistance. Such request shall be in writing and shall affirmatively show that since entry of the order, it has brought its program or activity into compliance with the requirements of the Act, and with the Regulation thereunder, and shall set forth specifically, and in detail, the steps which it has taken to achieve such compliance. If the responsible Department official denies such request the applicant or recipient shall be given an expeditious hearing if it so requests in writing and specifies why it believes the responsible Department official to have been in error. The request for such a hearing shall be addressed to the responsible Department official and shall be made within 30 days after the applicant or recipient is informed that the responsible Department official has refused to authorize payment or permit resumption of Federal financial assistance.
( b ) In the event that a hearing shall be requested pursuant to paragraph (a) of this section, the hearing procedures established by this part shall be applicable to the proceedings, except as otherwise provided in this section.
§ 328.1 Definitions. As used in this part: *Honorable service* means only that military service which is designated as honorable service by the executive department under which the applicant performed that military service. Any service that is designated to be other than honorable will not qualify under this section.
*Service in the Armed Forces of the United States* means: ( 1 ) Active or reserve service in the United States Army, United States Navy, United States Marines, United States Air Force, or United States Coast Guard; or
( 2 ) Service in a National Guard unit during such time as the unit is Federally recognized as a reserve component of the Armed Forces of the United States.