alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The State of TexasAppellee/s



# Fourth Court of Appeals

**San Antonio, Texas**

January 16, 2015

N o. 04

- 13

- 00339

- CR

Elias Esequiel VASQUEZ

, Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 229th Judicial District Court, Starr County, Texas

Trial Court No. 11

- CRS

- 272

Honorable Ana Lisa Garza, Judge Presiding



### ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

The panel has considered the Appellant’s Motion for Rehearing, and the motion is

DENIED.

_________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 16th day of January, 2015

.

___________________________________ Keith E. Hottle

Clerk of Court
### §209c. Repealed. Pub. L. 87–649, §14b, Sept. 7, 1962, 76 Stat. 499

Section, act July 3, 1945, ch. 263, title II, 59 Stat. 370, provided that for purposes of pay and pay period officers appointed to grades above that of senior assistant pursuant to section 209b of this title shall be considered as having had on date of appointment service equal to that of junior officer of grade to which appointed.
SHARON KELLER

 PRESIDING JUDGE

LAWRENCE E. MEYERS

CHERYL JOHNSON

MIKE KEASLER

BARBARA P. HERVEY

ELSA ALCALA

BERT RICHARDSON

KEVIN P. YEARY

DAVID NEWELL

 JUDGES

COURT OF CRIMINAL APPEALS

P.O. BOX 12308, CAPITOL STATION

AUSTIN, TEXAS 78711

ABEL ACOSTA

CLERK

(512) 463-1551

SIAN SCHILHAB

GENERAL COUNSEL

(512) 463-1597

SUPREME COURT BUILDING, 201 WEST 14TH STREET, ROOM 106, AUSTIN, TEXAS 78701

WEBSITE WWW.TXCOURTS.GOV/CCA.ASPX

Wednesday, June 03, 2015

O.D. VAN DUREN Jr.

TDC# 1834715

RAMSEY UNIT

1100 FM 655

ROSHARON, TX 77583-7670

District Attorney Harris County

Devon Anderson

Appellate Section

1201 Franklin St. Ste. 600

Houston, TX 77002-1901

* DELIVERED VIA E-MAIL *

Re: VAN DUREN, O.D. JR.

CCA No. PD-0200-15 COA No. 01-13-00103-CR

Trial Court Case No. 1307615

The attached order was issued in the above case number.

Sincerely,

_____________________________

Abel Acosta, Clerk

cc: 1st Court Of Appeals Clerk (DELIVERED VIA E-MAIL)

Lisa McMinn (DELIVERED VIA E-MAIL)

FILE COPY
SCWC-11-0001034

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

FRANCISCO ALVAREZ, 

Respondent/Claimant-Appellee,

vs.

KYO-YA, INC., dba SHERATON WAIKIKI HOTEL, 

Respondent/Employer-Appellee,

and

FIRST INSURANCE COMPANY OF HAWAII, LTD., 

Respondent/Insurance Carrier-Appellee,

and

ADJUSTING SERVICES OF HAWAII, INC., 

Respondent/Third-Party Administrator-Appellee,

vs. 

EMERSON M.F. JOU, M.D.,

Petitioner/Intervenor-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-11-00001034; AB NO. 2009-305 (2-94-05744))

Electronically Filed

Supreme Court

SCWC-11-0001034

18-JAN-2013

10:22 AM
ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

(By: Nakayama, Acting C.J., Acoba, McKenna, and Pollack, JJ.,

and Circuit Judge Sakamoto, in place of Recktenwald, C.J., recused)

Petitioner/Intervenor-Appellant’s application for writ

of certiorari, filed on December 20, 2012, is hereby rejected.

DATED: Honolulu, Hawai#i, January 18, 2013.

Stephen M. Shaw

for petitioner

Laurie E. Keeno

for respondents 

Kyo-ya, Inc., dba Sheraton

Waikiki Hotel and 

First Insurance Company of

Hawaii, Ltd.

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr. 

/s/ Sabrina S. McKenna 

/s/ Richard W. Pollack 

/s/ Karl K. Sakamoto

2
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 96-30852

Summary Calendar

__________________

PERCY BARTLEY,

 Plaintiff-Appellant,

versus

CHARLES SULLIVAN, President; SULLIVAN & ASSOCIATES; 

LOUISIANA AGRI-CAN, L. L. C.;

DAVID MILLER, President, Crawfish Unlimited;

RICHARD STALDER, Secretary, Louisiana 

Department of Public Safety; BURL CAIN, 

Warden, Louisiana State Prison; PRISON

ENTERPRISES; DR. CHARLES KLEINPETER, Director,

Prison Enterprises; and JAMES LeBLANC, 

Undersecretary, Louisiana Department of 

Public Safety, 

 Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Middle District of Louisiana

USDC No. 96-CV-260

- - - - - - - - - -

January 7, 1997

Before GARWOOD, JOLLY and DENNIS, Circuit Judges.

PER CURIAM:*

Percy Bartley, a Louisiana prisoner (# 76966), appeals the

district court’s dismissal of his 42 U.S.C. § 1983 civil rights 

complaint as frivolous, pursuant to 28 U.S.C. § 1915(d). Bartley

argued that, by forcing him to work without pay for a private
No. 96-30852

-2-

enterprise, the defendants violated his rights under the Fair

Labor Standards Act, the Due Process Clause, and the Thirteenth

Amendment. We have reviewed the record and find no reversible

error. Accordingly, the judgment is AFFIRMED for essentially the

reasons stated by the magistrate judge in his report recommending

that Bartley’s complaint be dismissed. See Bartley v. Sullivan,

No. 96-CV-260 (M.D. La. May 31, 1996). 

AFFIRMED.
#### § 210.12-05--210.12-08 [Reserved]
#### In the Matter of Nicholas A. Stavroudis, Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent, and Rene Bouet-Willaumez, Intervener, Respondent.

Order unanimously affirmed, with one bill of $20 costs and disbursements to the respondents. No opinion. Present — Dore, J. P., Cohn, Callahan, Breitel and Bergan, JJ.
### §15925. Fair market value determinations for linear rights-of-way across public lands and national forests

#### (a) Update of fee schedule

Not later than 1 year after August 8, 2005—

(1) the Secretary of the Interior shall update section 2806.20 of title 43, Code of Federal Regulations, as in effect on August 8, 2005, to revise the per acre rental fee zone value schedule by State, county, and type of linear right-of-way use to reflect current values of land in each zone; and

(2) the Secretary of Agriculture shall make the same revision for linear rights-of-way granted, issued, or renewed under title V of the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) on National Forest System land.

#### (b) Fair market value rental determination for linear rights-of-way

The fair market value rent of a linear right-of-way across public lands or National Forest System lands issued under section 504 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764) or section 185 of title 30 shall be determined in accordance with subpart 2806 of title 43, Code of Federal Regulations, as in effect on August 8, 2005 (including the annual or periodic updates specified in the regulations), and as updated in accordance with subsection (a).

(Pub. L. 109–58, title III, §367, Aug. 8, 2005, 119 Stat. 726.)

#### **Editorial Notes**

#### References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(2), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743. Title V of the Act is classified generally to subchapter V (§1761 et seq.) of chapter 35 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.
§ 923.40 General. ( a ) This subpart sets forth the requirements for management program approvability with respect to authorities and organization. The authorities and organizational structure on which a State will rely to administer its management program are the crucial underpinnings for enforcing the policies which guide the management of the uses and areas identified in its management program. There is a direct relationship between the adequacy of authorities and the adequacy of the overall program. The authorities need to be broad enough in both geographic scope and subject matter to ensure implementation of the State's enforceable policies. These enforceable policies must be sufficiently comprehensive and specific to regulate land and water uses, control development, and resolve conflicts among competing uses in order to assure wise use of the coastal zone. (Issues relating to the adequate scope of the program are dealt with in § 923.3.)
( b ) The entity or entities which will exercise the program's authorities is a matter of State determination. They may be the state agency designated pursuant to section 306(d)(6) of the Act, other state agencies, regional or interstate bodies, and local governments. The major approval criterion is a determination that such entity or entities are required to exercise their authorities in conformance with the policies of the management program. Accordingly, the essential requirement is that the State demonstrate that there is a means of ensuring such compliance. This demonstration will be in the context of one or a combination of the three control techniques specified in section 306(d)(11) of the Act. The requirements related to section 306(d)(12) of the Act are described in §§ 923.42 through 923.44 of this subchapter.
( c ) In determining the adequacy of the authorities and organization of a state's programs, the Assistant Administrator will review and evaluate authorities and organizational arrangements in light of the requirements of this subpart and the finding of section 302(h) of the Act.
( d ) The authorities requirements of the Act dealt with in this subpart are those contained in subsections 306(d)(2)(D)—Means of Control; 306(d)(10)-Authorities; 306(d)(10)(A)-Control Development and Resolve Conflicts; 306(d)(10)(B)-Powers of Acquisition; 306(d)(11)—Techniques of Control; and 307(f)—Air and Water Quality Control Requirements. The organization requirements of the Act dealt with in this subpart are those contained in sections 306(d)(2)(F)—Organizational Structure; 306(d)(6)—Designated State Agency; and 306(d)(7)—Organization.
IN RESPONSE, PLEASE 

REFER TO: M160304 

 March 14, 2016 

MEMORANDUM TO: Andrea Valentin, Executive Director 

 Advisory Committee on Reactor Safeguards 

FROM: Annette Vietti-Cook, Secretary /RA/ 

SUBJECT: STAFF REQUIREMENTS – MEETING WITH THE ADVISORY 

COMMITTEE ON REACTOR SAFEGUARDS, 10:00 A.M., 

FRIDAY, MARCH 4, 2016, COMMISSIONERS’ CONFERENCE 

ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND 

(OPEN TO PUBLIC ATTENDANCE) 

The Commission met with the Advisory Committee on Reactor Safeguards (ACRS) to discuss 

the Committee’s recent accomplishments and its ongoing and future activities. The ACRS 

presented updates on the following specific items: 1) 10 CFR 50.46c: Draft Final Rule to 

Improve Emergency Core Cooling System Acceptance Criteria, 2) Maximum Extended Load 

Line Limit Analysis Plus (MELLLA(+)), and 3) Fukushima Lessons Learned Tier 2 and 3 

recommendations and follow-up. 

There were no requirements identified for staff action. 

cc: Chairman Burns 

 Commissioner Svinicki 

 Commissioner Ostendorff 

 Commissioner Baran 

 EDO 

 OGC 

 CFO 

 OCA 

 OIG 

 OPA 

 Office Directors, Regions, ACRS, ASLBP (via E-Mail) 

 PDR
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.15Ba1-3 Exemption of certain natural persons from registration under section 15B(a)(1)(B) of the Act. A natural person municipal advisor shall be exempt from section 15B(a)(1)(B) of the Act (15 U.S.C. 78 o -4(a)(1)(B)) if he or she: ( a ) Is an associated person of an advisor that is registered with the Commission pursuant to section 15B(a)(2) of the Act (15 U.S.C. 78 o -4(a)(2)) and the rules and regulations thereunder; and
( b ) Engages in municipal advisory activities solely on behalf of a registered municipal advisor.
[78 FR 67633, Nov. 12, 2013]
**EXHIBIT 31.1****CERTIFICATION UNDER SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**I, Kenneth Constable, certify that:1. I have reviewed this report on Form 10-Q for the period ended July 2, 2006 of RedEnvelope, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 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 relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;b. [paragraph omitted pursuant to SEC Release 33-8238];c. evaluated the effectiveness of the registrant’s disclosure controls and procedures and presentedin this report our conclusions about the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on such evaluation; andd. disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; 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 the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions):a. all significant deficiencies and material weaknesses in the design or operation of internalcontrols over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; andb. any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal controls over financial reporting.Date: August 15, 2006*By: /s/ KENNETH CONSTABLE*
§ 210.9-05 Foreign activities. ( a ) *General requirement.* Separate disclosure concerning foreign activities shall be made for each period in which either ( 1 ) assets, or
( 2 ) revenue, or
( 3 ) income (loss) before income tax expense, or
( 4 ) net income (loss), each as associated with foreign activities, exceeded ten percent of the corresponding amount in the related financial statements.
( b ) *Disclosures.* ( 1 ) Disclose total identifiable assets (net of valuation allowances) associated with foreign activities.
( 2 ) For each period for which a statement of comprehensive income is filed, state the amount of revenue, income (loss) before taxes, and net income (loss) associated with foreign activities. Disclose significant estimates and assumptions (including those related to the cost of capital) used in allocating revenue and expenses to foreign activities; describe the nature and effects of any changes in such estimates and assumptions which have a significant impact on interperiod comparability.
( 3 ) The information in paragraph (b) (1) and (2) of this section shall be presented separately for each significant geographic area and in the aggregate for all other geographic areas not deemed significant.
( c ) *Definitions.* ( 1 ) *Foreign activities* include loans and other revenues producing assets and transactions in which the debtor or customer, whether an affiliated or unaffiliated person, is domiciled outside the United States.
( 2 ) The term *revenue* includes the total of the amount reported at §§ 210.9-04.5 and 210.9-04.13.
( 3 ) A *significant geographic area* is one in which assets or revenue or income before income tax or net income exceed 10 percent of the comparable amount as reported in the financial statements.
[48 FR 11107, Mar. 16, 1983, as amended at 83 FR 50205, Oct. 4, 2018]
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.17Ad-12 Safeguarding of funds and securities. ( a ) Any registered transfer agent that has custody or possession of any funds or securities related to its transfer agent activities shall assure that: ( 1 ) All such securities are held in safekeeping and are handled, in light of all facts and circumstances, in a manner reasonably free from risk of theft, loss or destruction (other than by a transfer agent's certificate destruction procedures pursuant to § 240.17Ad-19); and
( 2 ) All such funds are protected, in light of all facts and circumstances, against misuse. In evaluating which particular safeguards and procedures must be employed, the cost of the various safeguards and procedures as well as the nature and degree of potential financial exposure are two relevant factors.
( b ) For purposes of this section, the term *securities* shall have the same meaning as the term *securities certificate* as defined in § 240.17f-1(a)(6).
(Secs. 2, 17(a), 17A(d) and 23(a) thereof, 15 U.S.C. 78b, 78q(a), 78q-1(d) and 78w(a))
[48 FR 28248, June 21, 1983, as amended at 68 FR 74401, Dec. 23, 2003]
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 DIRECTV Holdings LLC (the Corporation) on Form 10-Q for the period ended March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Mitchell Stern, President and Chief Executive Officer of the Corporation, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



(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 Corporation.



|                                                    
|----------------------------------------------------
|/s/    MITCHELL STERN                               
|Mitchell Stern President and Chief Executive Officer



May
5, 2004
§ 201.235 Introducing prior sworn statements or declarations. ( a ) At a hearing, any person wishing to introduce a prior, sworn deposition taken pursuant to § 201.233 or § 201.234, investigative testimony, or other sworn statement or a declaration pursuant to 28 U.S.C. 1746, of a witness, not a party, otherwise admissible in the proceeding, may make a motion setting forth the reasons therefor. If only part of a statement or declaration is offered in evidence, the hearing officer may require that all relevant portions of the statement or declaration be introduced. If all of a statement or declaration is offered in evidence, the hearing officer may require that portions not relevant to the proceeding be excluded. A motion to introduce a prior sworn statement or declaration may be granted if: ( 1 ) The witness is dead;
( 2 ) The witness is out of the United States, unless it appears that the absence of the witness was procured by the party offering the prior sworn statement or declaration;
( 3 ) The witness is unable to attend or testify because of age, sickness, infirmity, imprisonment or other disability;
( 4 ) The party offering the prior sworn statement or declaration has been unable to procure the attendance of the witness by subpoena; or
( 5 ) In the discretion of the Commission or the hearing officer, it would be desirable, in the interests of justice, to allow the prior sworn statement or declaration to be used. In making this determination, due regard shall be given to the presumption that witnesses will testify orally in an open hearing. If the parties have stipulated to accept a prior sworn statement or declaration in lieu of live testimony, consideration shall also be given to the convenience of the parties in avoiding unnecessary expense.
( b ) *Sworn statement or declaration of party or agent.* An adverse party may use for any purpose a deposition taken pursuant to § 201.233 or § 201.234, investigative testimony, or other sworn statement or a declaration pursuant to 28 U.S.C. 1746, of a party or anyone who, when giving the sworn statement or declaration, was the party's officer, director, or managing agent.
[60 FR 32796, June 23, 1995, as amended at 81 FR 50238, July 29, 2016]
Editorial Note on Part 260
Editorial Note: Nomenclature changes to part 260 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 260.0-5 Business hours of the Commission. ( a ) *General.* The principal office of the Commission, at 100 F Street, NE., Washington, DC 20549, is open each day, except Saturdays, Sundays and federal holidays, from 9 a.m. to 5:30 p.m., Eastern Standard Time or Eastern Daylight Saving Time, whichever is currently in effect, *provided that* the hours for the filing of documents with the Commission are as set forth in paragraphs (b) and (c) of this section.
( b ) *Submissions made in paper.* Paper documents filed with or otherwise furnished to the Commission may be submitted to the Commission each day, except Saturdays, Sundays and federal holidays, from 8 a.m. to 5:30 p.m., Eastern Standard Time or Eastern Daylight Saving Time, whichever is currently in effect.
( c ) *Electronic filings.* Filings made by direct transmission may be submitted to the Commission each day, except Saturdays, Sundays, and Federal holidays, from 6 a.m. to 10 p.m., Eastern Standard Time or Eastern Daylight Saving Time, whichever is currently in effect.
[58 FR 14687, Mar. 18, 1993, as amended at 65 FR 24802, Apr. 27, 2000; 68 FR 25800, May 13, 2003; 73 FR 32228, June 5, 2008; 88 FR 12209, Feb. 27, 2023]
### §2291. Definitions

As used in this subchapter—

(a) "The Community" means the European Atomic Energy Community (EURATOM).

(b) The "Commission" means the Atomic Energy Commission, as established by the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.].

(c) "Joint program" means the cooperative program established by the Community and the United States and carried out in accordance with the provisions of an agreement for cooperation entered into pursuant to the provisions of section 2153 of this title, to bring into operation in the territory of the members of the Community powerplants using nuclear reactors of types selected by the Commission and the Community, having as a goal a total installed capacity of approximately one million kilowatts of electricity by December 31, 1963, except that two reactors may be selected to be in operation by December 31, 1965.

(d) All other terms used in this subchapter shall have the same meaning as terms described in section 2014 of this title.

(Pub. L. 85–846, §2, Aug. 28, 1958, 72 Stat. 1084.)

#### **Editorial Notes**

#### References in Text

The Atomic Energy Act of 1954, as amended, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919, which is classified principally to this chapter (§2011 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

#### Codification

Section was enacted as part of the EURATOM Cooperation Act of 1958 which comprises this subchapter, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

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

#### Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.