alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

October 4, 2023

No. 04-23-00623-CR

IN RE Miguel Angel BELTRAN BARRERA et al.

Original Proceeding1

ORDER

On June 27, 2023, relators filed a petition for writ of mandamus. Relators also filed a 

motion to stay the underlying proceedings pending final resolution of the petition for writ of 

mandamus, which this court granted on June 30, 2023. 

After considering the petition and this record, this court concludes relators are not entitled 

to the relief sought. See In re Sanchez, No. 04-23-00539-CR, 2023 WL 5274643, at *3-4 (Tex. 

App.—San Antonio Aug. 16, 2023, orig. proceeding) (denying mandamus petition without 

prejudice where relators failed to show trial court’s denial of their motions for continuance 

amounted to a violation of due process); In re Santiago Villalobos, No. 04-23-00538-CR, 2023 

WL 4750833, at *1 (Tex. App.—San Antonio July 26, 2023, orig. proceeding) (mem. op.) 

(Martinez, C.J., concurring). Accordingly, the petition for writ of mandamus is DENIED

WITHOUT PREJUDICE. See TEX. R. APP. P. 52.8(a). The stay imposed on June 30, 2023 is 

LIFTED. 

It is so ORDERED on October 4, 2023.

_____________________________

Luz Elena D. Chapa, Justice

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

court on this 4th day of October, 2023.

_____________________________

Michael A. Cruz, Clerk of Court

1 This proceeding arises out of Cause Nos. 11754CR, 10867CR, 12441CR, 11889CR, 11472CR, and 11460CR styled, 

respectively, State of Texas v. Miguel Angel Beltran Barrera; State of Texas v. Billy Alejandro de Santiago Pichardo;

State of Texas v. Enrique Lopez Leon; State of Texas v. Jose Roberto Espiritud Cruz; State of Texas v. David Cayetano 

Vasquez; State of Texas v. Rufino Alberto Romero-Mendez pending in the County Court, Kinney County, Texas, the 

Honorable Penny Anne Roberts presiding.
##### 



Exhibit 32.2
 CERTIFICATION BY CHIEF FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Report fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of 1934 as amended; and(2)
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
 Date:  February 29, 2008
    /s/ Matthew J. AssiffMatthew J. AssiffSenior Vice President and Chief Financial Officer
### §1845. Plans for development, utilization, and conservation of water and related land resources

(a) The Secretary of the Army, acting through the Chief of Engineers and in cooperation with the Commonwealth of the Northern Mariana Islands, is hereby authorized and directed to study and draft plans for development, utilization, and conservation of water and related land resources of the Commonwealth. To carry out the purposes of this section there are authorized to be appropriated effective October 1, 1983, such sums as may be necessary.

(b) Such studies shall include appropriate consideration of the needs for flood protection; wise use of flood plain lands; navigation facilities; hydroelectric power generation; regional water supply and waste water management facilities systems; general recreational facilities; enhancement and control of water quality; enhancement and conservation of fish and wildlife; and other measures for environment improvement and economic and human resources development. Such studies shall also be compatible with comprehensive development plans formulated by local planning agencies and other interested Federal agencies.

(Pub. L. 98–213, §13, Dec. 8, 1983, 97 Stat. 1462.)

#### **Editorial Notes**

#### Codification

Section was formerly set out as a note under section 1681 of this title.
#### McNULTY, Respondent, v. MT. MORRIS ELECTRIC LIGHT CO., Appellant.

(Supreme Court, Appellate Division, First Department.

November 20, 1903.)

Action by John McNulty against the Mt. Morris Electric Light Company.

C. I. Taylor, for appellant.

F. M. Hardenbrook, for respondent.

No opinion. Judgment and order affirmed, with costs.
### **CHAPTER 251—PASSENGER RAIL PLANNING**

Sec.
25101.
Corridor Identification and Development Program.
### §§1453 to 1455. Repealed. Pub. L. 98–213, §16(c)–(f), Dec. 8, 1983, 97 Stat. 1462

Section 1453, R.S. §1841, related to powers, duties and term of office of governor of each Territory, in whom the executive power was vested.

Section 1453a, R.S. §1873, related to temporary definition by proclamation, by governor, of judicial districts of such Territory, and assignment of judges appointed for such Territory to several districts as well as fixing of times and places for holding courts.

Section 1454, R.S. §1843, related to appointment and term of office of Secretary appointed for each Territory, and duties in case of death, removal, resignation or absence of governor from Territory.

Section 1455, R.S. §1844, related to duties of secretary regarding recordation, preservation, and publication of all laws and proceedings of legislative assembly and governor in executive department.
**Exhibit 32**

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

          The undersigned executive officers of Kentucky First Federal Bancorp (the “Registrant”) hereby certify that this Annual Report on Form 10-K for the year ended June 30, 2006 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.

|                       | By:    | /s/ Tony D. Whitaker                                 |
|----------------------------|--------|------------------------------------------------------|
|                       |   |                                                      |
|                       | Name:  | Tony D. Whitaker                                     |
|                       | Title: | Chief Executive Officer and Chairman                 |
|                       |   |                                                 |
|                       |   |                                                 |
|                       | By:    | /s/ R. Clay Hulette                                  |
|                       |   |                                                      |
|                       | Name:  | R. Clay Hulette                                      |
|                       | Title: | Vice President, Chief Financial Officer andTreasurer |
|                       |   |                                                 |
| Date:   September 28, 2006 |   |                                                 |
*Honorable Richard Mills, U.S. District Court Judge, Central District of

Illinois, sitting by designation. 

## F I L E D United States Court of Appeals Tenth Circuit 

### NOV 13 2000 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. RIGOBERTO PACHECO, Defendant - Appellant. No. 00-2131 (D.C. No. CR-99-767-JP) (D. New Mexico)

ORDER

Before LUCERO, ANDERSON, Circuit Judges, and MILLS * , District Judge.

The Court, in order to correct a clerical error in the issuance of this order dated November 13, 2000, hereby reissues the order to reflect the correct day in the last paragraph regarding the previously scheduled o ral argument, from Thursday to Friday, the rest of the order remains the same. The order is reissued nunc pro tunc and is to read as follows: Defendant-appellant Rigoberto Pacheco was sentenced to a mandatory minimum fifteen-year sentence pursuant to 18 U.S.C. § 924(e), the Armed Career-2-

Criminal Act (“the Act”), which applies to defendan ts who have three or more convictions for violent felonies and/or serious dru g offenses. Pacheco has filed an “Unopposed Motion for Remand” arguing he should nothave been sentenced under the Act and requesting resentencing by the districtcourt. In its answer brief filed in opposition to Pacheco’ s appeal, the government concedes the district court erred in sentencing Pac heco under the Act because one of his prior convictions did not meet the statutory definition of a serious drug offense. Under the Act, a drug conviction must hav e a maximum term of imprisonment of ten or more years to qualify as a “serious drug offense.” 18 U.S.C. § 924(e)(2)(A)(ii). Pacheco’s 1985 conviction in C alifornia under Cal. Health & Safety Code § 11379.5 for selling or transporting P CP, including an enhancement under Cal. Penal Code § 667.5(b), had a maximum ter m of less than ten years. The government also concedes that sentencing Pacheco un der § 924(e) was plain error. Given the nature of Pacheco’s prior conviction and the government’s concession, we GRANT Pacheco’s motion, VACATE his sentence, and REMAND for resentencing without application of the Act’s m andatory minimum. We also note Pacheco’s appeal challenges the district court’s ru ling that his prior conviction in California for attempted robbery was a violent felo ny under 18 U.S.C. § 924(e). We VACATE the district court’s determination in that regard as well, leaving resolution of the issue for another day.-3-

The oral argument previously scheduled for Friday, November 17, 2000 is vacated and counsel are excused from attendance. A certified copy of this order shall stand as and for the mandate of this court.

Entered for the Court PATRICK FISHER, Clerk of Court by: Shannon K. Sullivan Deputy Clerk
**EXHIBIT 12.1**
**AMERICAN CASINO & ENTERTAINMENT PROPERTIES LLC**
**RATIO OF EARNINGS TO FIXED CHARGES**                       YEARS ENDED DECEMBER 31,   2004  2003  2002  2001  2000   (in thousands) Income before income taxes $30,972  $18,884  $5,770  $6,602  $9,781                      Fixed Charges:                    Interest Expense  17,793   4,961   5,246   5,418   3,197 Amortized capitalized expenses related toindebtedness  1,146   428   744   553   97 Estimated interest within rental expense  223   295   326   319   337 Amortization of capitalized interest  206   256   257   475   600                 Earnings as defined $50,340  $24,824  $12,343  $13,367  $14,012                                      Fixed Charges (including capitalized items)                    Interest Expense $17,793  $4,961  $5,246  $5,418  $3,197 Interest Capitalized  —   —   —   1,857   458 Amortized capitalized expenses related toindebtedness  1,146   428   744   553   97 Estimated interest within rental expense  223   295   326   319   337                 Fixed charges as defined $19,162  $5,684  $6,316  $8,147  $4,089                                      Ratio of Earnings to Fixed Charges  2.6   4.4   2.0   1.6   3.4
### §616. Internet protocol-based relay services

Within one year after October 8, 2010, each interconnected VoIP service provider and each provider of non-interconnected VoIP service shall participate in and contribute to the Telecommunications Relay Services Fund established in section 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as in effect on October 8, 2010, in a manner prescribed by the Commission by regulation to provide for obligations of such providers that are consistent with and comparable to the obligations of other contributors to such Fund.

(June 19, 1934, ch. 652, title VII, §715, as added Pub. L. 111–260, title I, §103(b), Oct. 8, 2010, 124 Stat. 2755.)
###### Editorial Note on Part 250

#### Editorial Note:

Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

#### § 250.1006 How must I decommission and take out of service a DOI pipeline?

(a) The requirements for decommissioning pipelines are listed in § 250.1750 through § 250.1754.

(b) The table in this section lists the requirements if you take a DOI pipeline out of service:

| If you have the pipeline out of service for: | Then you must: |
| --- | --- |
| (1) 1 year or less, | Isolate the pipeline with a blind flange or a closed block valve at each end of the pipeline. |
| (2) More than 1 year but less than 5 years, | Flush and fill the pipeline with inhibited seawater. |
| (3) 5 or more years, | Decommission the pipeline according to §§ 250.1750-250.1754. |
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF THE FIREARMS TRAINING SYSTEMS FOR THE SIX MONTHS ENDED
SEPTEMBER 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               SEP-30-1999
<EXCHANGE-RATE>                                      1
<CASH>                                           1,219
<SECURITIES>                                         0
<RECEIVABLES>                                   19,214
<ALLOWANCES>                                       210
<INVENTORY>                                     17,470
<CURRENT-ASSETS>                                42,663
<PP&E>                                           9,326
<DEPRECIATION>                                   4,027
<TOTAL-ASSETS>                                  55,091
<CURRENT-LIABILITIES>                           19,699
<BONDS>                                         65,480
<PREFERRED-MANDATORY>                            3,218
<PREFERRED>                                          0
<COMMON>                                       114,369
<OTHER-SE>                                    (147,674)
<TOTAL-LIABILITY-AND-EQUITY>                    55,091
<SALES>                                         23,524
<TOTAL-REVENUES>                                23,524
<CGS>                                           16,562
<TOTAL-COSTS>                                   16,562
<OTHER-EXPENSES>                                 8,795
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,720
<INCOME-PRETAX>                                 (5,900)
<INCOME-TAX>                                    (2,018)
<INCOME-CONTINUING>                             (3,882)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (4,007)
<EPS-BASIC>                                      (0.19)
<EPS-DILUTED>                                    (0.19)


</TABLE>
### §735. Repealed. July 3, 1950, ch. 446, §5(2), 64 Stat. 320

Section, acts Mar. 2, 1917, ch. 145, §57, 39 Stat. 968; May 17, 1932, ch. 190, 47 Stat. 158, continued certain Puerto Rican Laws in force and authorized the legislative authority to modify or repeal laws. Section 15 of act Apr. 12, 1900, ch. 191, 31 Stat. 80, formerly cited as a credit to this section, was not repealed by act July 3, 1950.

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

#### Effective Date of Repeal

Repeal effective July 25, 1952, see Effective Date of Repeal note set out under section 732 of this title.
#### In the Matter of Montague Associates, Inc., Appellant-Respondent, v. William E. Boyland et al., Constituting the Tax Commission of the City of New York, Respondents-Appellants.

In consolidated proceedings, to review the assessments for four specified years on certain parcels of real property in the Borough of Brooklyn, each of the parties appeals from a final order of the Supreme Court, Kings County, entered June 21, 1961, upon the court’s decision after a nonjury trial, which confirmed certain of the assessments and reduced others. Order reversed, without costs, on the law and the facts, and matter remitted to the Special Term for a new hearing and a determination *de nova,*and for further proceedings not inconsistent herewith. The court’s opinion, confirming certain of the assessments and reducing others by small amounts without explanation, was against the weight of the credible evidence. The assessments and the court’s valuations appear to have been made chiefly on the basis of the purchase price paid by the taxpayer and by capitalizing the income derived from rents, a substantial part of which were derived from the seller under a lease-back agreement. Under such circumstances, neither the sale price nor the rent from the seller which was required to be applied in reduction of a purchase-money mortgage for over 90% of the sale price, is indicative of the fair value of the property sold or rented; such factors reflect financial considerations which may be totally unrelated to the worth of the property *(Matter of Empire State Bldg. Corp.*v. *Boyland,*1 Mise 2d 518, affd. 1 A D 2d 770, affid. 5 H Y 2d 715). Ughetta, Acting P. J., Kleinfeld, Brennan, Hill and Rabin, JJ., concur.
### §55318. Effect on other law

This subchapter does not affect chapter 5 of title 5.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1648.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 55318 | 46 App.:1241p. | Pub. L. 99–198, title XI, §1143, Dec. 23, 1985, 99 Stat. 1496. |

Section

The words "section 1707a(b)(8) of title 7" are omitted because the provision referred to has been repealed.
§ 594.7 Other threshold requirements. In addition, an applicant must meet the following threshold requirements: ( a ) Specify a management business plan for accomplishing one or more of the eligible activities specified in § 594.10;
( b ) Specify a strategy for achieving greater long-term private sector support, especially in cooperation with a neighborhood development funding organization; and
( c ) Specify a strategy for increasing the capacity of the applicant.
### PART B—MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

#### **Editorial Notes**

#### Amendments

1996—Pub. L. 104–287, §5(26)(A), Oct. 11, 1996, 110 Stat. 3390, made technical amendment to part heading.
###### Editorial Note on Part 250

#### Editorial Note:

Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

#### § 250.1011 [Reserved]
§ 943.122 How is a consortium organized? ( a ) PHAs that elect to form a consortium enter into a consortium agreement among the participating PHAs, specifying a lead agency (see § 943.124), and submit a joint PHA Plan (§ 943.118). HUD enters into any necessary payment agreements with the lead agency and the other participating PHAs (see § 943.126) to provide that HUD funding to the participating PHAs for program categories covered by the consortium will be paid to the lead agency.
( b ) The lead agency must not be a PHA that is designated as a “troubled PHA” by HUD, that has been determined by HUD to fail the civil rights compliance threshold for new funding, or that has had a PHAS designation withheld for civil rights or other reasons. The lead agency is designated to receive HUD program payments on behalf of participating PHAs, to administer HUD requirements for administration of the funds, and to apply the funds in accordance with the consortium agreement and HUD regulations and requirements.
[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Page 80107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27227]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Centers for Disease Control and Prevention (CDC)/Health Resources 
and Services Administration (HRSA) Advisory Committee on HIV, Viral 
Hepatitis and STD Prevention and Treatment (CHACHSPT); Notice of 
Charter Renewal

AGENCY: Centers for Disease Control and Prevention (CDC), Department of 
Health and Human Services (HHS).

ACTION: Notice of charter renewal.

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

SUMMARY: This gives notice under the Federal Advisory Committee Act of 
October 6, 1972, that the Centers for Disease Control and Prevention 
(CDC)/Health Resources and Services Administration (HRSA) Advisory 
Committee on HIV, Viral Hepatitis and STD Prevention and Treatment 
(CHACHSPT), Centers for Disease Control and Prevention, Department of 
Health and Human Services, has been renewed for a 2-year period through 
November 25, 2022.

FOR FURTHER INFORMATION CONTACT: Jonathan Mermin, MD, MPH, Designated 
Federal Officer, Centers for Disease Control and Prevention (CDC)/
Health Resources and Services Administration (HRSA) Advisory Committee 
on HIV, Viral Hepatitis and STD Prevention and Treatment (CHACHSPT), 
CDC, HHS, 1600 Clifton Road NE, Mailstop US8-6, Atlanta, Georgia 30329-
4027; Telephone (404) 639-8000, <a href="/cdn-cgi/l/email-protection#43090e26312e2a2d032027206d242c35"><span class="__cf_email__" data-cfemail="7d3730180f1014133d1e191e531a120b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Director, Strategic Business Initiatives 
Unit, Office of the Chief Operating Officer, Centers for Disease 
Control and Prevention, has been delegated the authority to sign 
Federal Register notices pertaining to announcements of meetings and 
other committee management activities, for both the Centers for Disease 
Control and Prevention and the Agency for Toxic Substances and Disease 
Registry.

Kalwant Smagh,
Director, Strategic Business Initiatives Unit, Office of the Chief 
Operating Officer, Centers for Disease Control and Prevention.
[FR Doc. 2020-27227 Filed 12-10-20; 8:45 am]
BILLING CODE 4163-18-P


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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 Navistar International Corporation (the “Company”) on Form 10-Q for the period ended January 31, 2020 as filed with the Securities and Exchange Commission (the “SEC”) on the date hereof (the “Report”), I, Troy A. Clarke, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:
 
 (1)The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and (2)The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 
 A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.
 
 Date: March 4, 2020
 
 /s/     TROYA. CLARKETroy A. ClarkeChairman, President and Chief Executive Officer(Principal Executive Officer)
 
 
 This certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section. This certification shall also not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, except to the extent that the Company specifically incorporates it by reference.
 
 
 
 
 E-4