alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

________________

NO. 09-22-00071-CR 

________________

DAVID SHANE ACOSTA, Appellant

V.

THE STATE OF TEXAS, Appellee

________________________________________________________________________

On Appeal from the 411th District Court

Polk County, Texas

Trial Cause No. 27427

________________________________________________________________________

MEMORANDUM OPINION

In an open plea, Appellant David Shane Acosta pleaded guilty to the firstdegree felony offense of aggravated robbery. See Tex. Penal Code Ann. § 29.03.

After a sentencing hearing, the trial court sentenced Acosta to fifteen years of 

incarceration.

Acosta’s appellate counsel filed an Anders brief that presents counsel’s 

professional evaluation of the record and concludes that the appeal is 

frivolous. SeeAnders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 
2

807 (Tex. Crim. App. 1978). On May 23, 2022, we granted an extension of time for 

Acosta to file a pro se brief. We received no response from Acosta.

We reviewed the appellate record, and we agree with counsel’s conclusion 

that no arguable issues support the appeal. Therefore, we find it unnecessary to order 

appointment of new counsel to re-brief the appeal.Cf. Stafford v. State, 813 S.W.2d 

503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment.1

AFFIRMED.

________________________________

 W. SCOTT GOLEMON

 Chief Justice

Submitted on August 29, 2022

Opinion Delivered September 21, 2022

Do Not Publish

Before Golemon, C.J., Kreger and Horton, JJ.

1Acosta may challenge our opinion in this case by filing a petition for 

discretionary review. See Tex. R. App. P. 68.1.
#### In the Matter of Sarah Jackson Petitioner, v Barbara Blum, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of Social Services, dated September 21, 1978 and made after a statutory fair hearing, which affirmed a determination of the local agency to reduce petitioner’s public assistance grant to reflect $95 per month "lodger income,” after having provided petitioner with a $15 monthly expense allowance for each of two lodgers. Determination confirmed and proceeding dismissed, on the merits, without costs or disbursements. The State commissioner’s determination has a rational basis and is supported by substantial evidence. The record reflects that petitioner failed to document her actual out-of-pocket expenses in*897curred in providing a room for lodgers in excess of a monthly $15 per lodger allowance, and thus the local agency and the State commissioner properly determined that petitioner could claim no actual expenses above $15 per lodger (see 18 NYCRR 352.31 [a] [3]). Mangano, J. P., Gulotta, Cohalan and Margett, JJ., concur.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MATHEW SELOVER, 

Plaintiff, 

v. Case No. 3:20cv4698-TKW-HTC

ESCAMBIA COUNTY BOARD OF

COMMISSIONERS and RAYME

EDLER, 

Defendants. 

________________________________/

ORDER ON MOTIONS TO EXTEND DEADLINES

This case is before the Court based on Defendants’ motion to extend 

mediation deadline (Doc. 47) and Defendant Edler’s motion to extend her expert 

disclosure deadline (Doc. 48). Upon due consideration of the motions, Plaintiff’s 

responses in opposition (Docs. 49, 52), and the case file, the Court finds that (1) the 

requested extension of the mediation deadline is supported by good cause and will 

not prejudice Plaintiff, and (2) Defendant Edler failed to show due diligence in 

meeting the existing expert disclosure deadline and failed to establish good cause

for the requested extension of the deadline. Accordingly, it is

ORDERED that:

Case 3:20-cv-04698-TKW-HTC Document 53 Filed 05/03/21 Page 1 of 2
2 

1. Defendants’ motion to extend mediation deadline (Doc. 47) is GRANTED,

and the mediation deadline is extended to June 7, 2021. Within 7 days from

the date of this Order, the parties shall confer with each other and the mediator

to get the mediation scheduled and shall post a notice of the scheduling result.

2. Defendant Edler’s motion to extend her expert disclosure deadline (Doc. 

48) is DENIED.

DONE and ORDERED this 3rd day of May, 2021.

T. Kent Wetherell, II

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

Case 3:20-cv-04698-TKW-HTC Document 53 Filed 05/03/21 Page 2 of 2
**EXHIBIT 31.2****CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**I, Douglas P. Collier, certify that:1. I have reviewed this quarterly report on Form 10-Q of Volcom, Inc.;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit 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 includedin this 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 this report;     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 we have:     (a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;     (b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and     (c) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and     5. 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 ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; and     (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.        Date: August 9, 2006 /s/ Douglas P. Collier   Douglas P. Collier   Chief Financial Officer, Secretary and Treasurer(Principal Financial Officer)
###### Editorial Note on Part 1951

#### Editorial Notes:

1. Some of the exhibits referenced in this part 1951 are not published in the Code of Federal Regulations. Exhibits are available in any Rural Development office.

2. Nomenclature changes to part 1951 appear at 80 FR 9890-9894, Feb. 24, 2015.

#### §§ 1951.886-1951.888 [Reserved]
**Exhibit
      32.1**




**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS**


**ADOPTED
      PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**




I,
      John
      C. Textor, Chief Executive Officer of BabyUniverse, Inc. (the “Company”) in
      compliance with 18 U.S.C. Section 1350, as adopted pursuant to Section 906
      of
      the Sarbanes-Oxley Act of 2002, hereby certify that to the best of my knowledge:




(1)     the
      Company’s Quarterly Report on Form 10-Q for the period ended March 31, 2007, as
      filed with the U.S. Securities and Exchange Commission on the date hereof,
      fully
      complies with the requirements of Section 13(a) or Section 15(d) of the
      Securities Exchange Act of 1934, as amended; and




(2)     the
      information contained in such Form 10-Q fairly presents, in all material
      respects, the financial condition and results of operations of the Company.




In
      Witness Whereof, the undersigned has set his hand hereto as of the 15th day
      of
      May 2007.




/s/ *John
              C. Textor**John
                C. Textor**Chief
                Executive Officer*
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1722 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1722

   To direct the Secretary of Labor to conduct a review of the forms 
 related to obtaining workers' compensation benefits under the Federal 
                      Black Lung Benefits Program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 2013

 Mr. McKinley (for himself, Mr. Enyart, Mr. Griffith of Virginia, and 
Mr. Roe of Tennessee) introduced the following bill; which was referred 
            to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
   To direct the Secretary of Labor to conduct a review of the forms 
 related to obtaining workers' compensation benefits under the Federal 
                      Black Lung Benefits Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Burdensome Paperwork Reduction for 
Our Miners Act''.

SEC. 2. REVIEW OF BLACK LUNG FORMS.

    (a) Review.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Labor, acting through the 
Director of the Division of Coal Mine Workers' Compensation and the 
Chief Information Officer of the Department of Labor, and in 
consultation with the Director of the Office of Management and Budget, 
shall conduct a review of the forms related to obtaining workers' 
compensation benefits under the Federal Black Lung Benefits Program to 
determine whether it is feasible to combine or reduce such forms in 
order to further the purposes of the Paperwork Reduction Act of 1995 
(Public Law 104-13).
    (b) Implementation.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall implement any feasible 
combination or reduction of the forms related to obtaining workers' 
compensation benefits under the Federal Black Lung Benefits Program 
identified in the review conducted under subsection (a).
    (c) Reports.--
            (1) Initial report of review.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary 
        shall submit a report to Congress that describes the findings 
        of the review conducted under subsection (a).
            (2) Report of implementation.--Not later than 1 year after 
        the Secretary implements any combination or reduction of the 
        forms related to obtaining workers' compensation benefits under 
        the Federal Black Lung Benefits Program under subsection (b), 
        the Secretary shall submit a report to Congress that describes 
        such implementation.
                                 <all>
```
#### § 29.6008 Condition.

The state of tobacco which results from the method of preparation or from the degree of fermentation. Words used to describe the condition of tobacco are Undried, air-dried, steam-dried, sweating, sweated, and aged.
Editorial Note on Subchapter C of Chapter II
Editorial Note: Nomenclature changes to subchapter C appear by Amdt. 381, 65 FR 64586, Oct. 30, 2000.

Editorial Note on Part 275
Editorial Note: OMB control numbers relating to this part 275 are contained in § 271.8.

§ 275.18 Project area/management unit corrective action plan. ( a ) The State agency shall ensure that corrective action plans are prepared at the project area/management unit level, addressing those deficiencies not required to be included in the State corrective action plan. State agencies may elect to prepare these plans for or in cooperation with the project area. These project area/management unit corrective action plans shall be open-ended and shall remain in effect until all deficiencies in program operations have been reduced substantially or eliminated. Any deficiencies detected through any source not previously reported to the State agency which require incorporation into the Project Area/Management Unit Corrective Action Plan shall be submitted to the State agency within 60 days of identification. As deficiencies are reduced substantially or eliminated, the project area/management unit shall notify the State agency in writing. The project area/management unit shall be responsible for documenting why each deficiency is being removed from the Plan. The removal of any deficiency from the Plan will be subject to State agency and FNS review and validation.
( b ) *Content.* Project area/management unit corrective action plans shall contain all the information necessary to enable the State agency to monitor and evaluate the corrective action properly. Also, State agencies shall establish requirements for project area/management units in planning, implementing and reporting corrective action to assist the State agency's efforts to fulfill its responsibilities for determining which deficiencies must be addressed in the State corrective action plan. States should consider requiring project area/management unit plans to include the following, based on the most recent information available: ( 1 ) Specific description and identification of each deficiency;
( 2 ) Source(s) through which the deficiency was detected;
( 3 ) Magnitude of each deficiency, if appropriate, as defined in § 275.15(c)(3) of this part;
( 4 ) Geographic extent of the deficiency (throughout the project area/management unit or only in specific offices);
( 5 ) Identification of causal factor(s) contributing to the occurrence of each deficiency;
( 6 ) Identification of any action already completed to eliminate the deficiency;
( 7 ) For each deficiency, an outline of actions to be taken, the expected outcome of each action, the target date for each action, the date by which each deficiency will have been eliminated; and
( 8 ) For each deficiency, a description of the manner in which the project area/management unit will monitor and evaluate the effectiveness of the corrective action in eliminating the deficiency.
[Amdt. 160, 45 FR 15909, Mar. 11, 1980]
2006-0536.

#### Ohio Consumers’ Counsel v. Pub. Util. Comm.

Public Utilities Commission, No. 05-844-EL-ATA. This cause is pending before the court as an appeal from the Public Utilities Commission. Upon consideration of appellant’s motion to consolidate 2005-1621, *Ohio Consumers’ Counsel v. Pub. Util. Comm.,*Public Utilities Commission, No. 04-1931-*1413EL-AAM, 2005-1679, *Ohio Consumers’ Counsel v. Pub. Util. Comm.,*Public Utilities Commission, No. 04-1645-EL-AAM, 2006-0536, *Ohio Consumers’ Counsel v. Pub. Util. Comm.,*Public Utilities Commission, No. 05-844-EL-ATA, and 2006-0600, *Ohio Consumers’ Counsel v. Pub. Util. Comm.,*Public Utilities Commission, No. 04-1932-EL-ATA,

IT IS ORDERED by the court that the motion is denied.

IT IS FURTHER ORDERED by the court, sua sponte, that this cause be consolidated with 2006-0600, *Ohio Consumers’ Counsel v. Pub. Util. Comm.,*Public Utilities Commission, No. 04-1932-EL-ATA, and briefing is stayed.
EXHIBIT 99.1
         TO CANTERBURY CONSULTING GROUP, INC. REPORT ON FORM 10K
                          NOVEMBER 30, 2002
               CERTIFICATION BY KEVIN J. MCANDREW PURSUANT TO
        18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906
                  OF THE SARBANES-OXLEY ACT OF 2002


The undersigned, President and Chief Executive Officer of Canterbury
Consulting Group, Inc. (the "Company"), hereby certify, to the best of my
knowledge, that the Form 10-K of the Company for the year ended November 30,
2002 (the "Periodic Report") accompanying this certification fully complies
with the requirements of the Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that the information
contained in the Periodic Report fairly presents, in all material respects,
the financial condition and results of operations of the Company. The
foregoing certification is incorporated solely for purposes of complying
with the provisions of Section 906 of the Sarbanes-Oxley Act and is not
intended to be used for any other purpose.



                 /s/Kevin J. McAndrew
                  Kevin J. McAndrew
                  President and Chief Executive Officer


Date: March 7, 2003
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Office of Thrift Supervision

          - [AC-55: OTS Nos. 02620 and H4753]

                    Notice is hereby given that on November 12, 2010, the Office of Thrift Supervision approved the application of Wolverine Bank, Midland, Michigan, to convert to the stock form of organization. Copies of the application are available for inspection by appointment (phone number: (202) 906-5922 or e-mail                     *Public.Info@OTS.Treas.gov*) at the Public Reading Room, 1700 G Street, NW., Washington, DC 20552, and the OTS Central Regional Office, 1 South Wacker Drive, Suite 2000, Chicago, Illinois 60606.                

Dated: November 16, 2010.
      ( print page 71188)    
By the Office of Thrift Supervision.

Sandra E. Evans,

Federal Register Liaison.

[FR Doc. 2010-29258 Filed 11-19-10; 8:45 am]

BILLING CODE 6720-01-M
**EXHIBIT32.2**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350**

 

In connection with thequarterly report on Form 10-Q of Advanced Life Sciences Holdings, Inc.(the “Company”) for the fiscal quarter ending June 30, 2008 (the “Report”),I, John L. Flavin, Chief Financial Officer of the Company, certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that to my knowledge:

 

(1)           TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 to the extent applicable; and

 

(2)           Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
|        |   | Date: August 14, 2008           |
|--------|--------|--------------------------------------|
|   |   |                                 |
|   |   |                                 |
|   |   | /s/ John L. Flavin                   |
|   |   | John L. Flavin                       |
|   |   | Chief Financial Officer              |
|   |   | Advanced Life Sciences Holdings, Inc |

 

----
###### Editorial Note on Part 1955

#### Editorial Note:

Nomenclature changes to part 1955 appear at 80 FR 9895, Feb. 24, 2015.

#### § 1955.2 Policy.

When it has been determined in accordance with applicable loan servicing regulations that further servicing will not achieve loan objectives and that voluntary sale of the property by the borrower (except for Multiple Family Housing (MFH) loans subject to prepayment restrictions) cannot be accomplished, the loan(s) will be liquidated through voluntary conveyance of the property to Rural Development or by foreclosure as outlined in this subpart. For MFH loans subject to the prepayment restrictions, voluntary liquidation may be accomplished only through voluntary conveyance to Rural Development in accordance with applicable portions of § 1955.10 of this subpart. Nonprogram (NP) loans, except for Community and Business Programs, will be liquidated as provided in subpart J of part 1951 of this chapter, unless specifically referenced in this subpart.

[51 FR 4138, Feb. 3, 1986, as amended at 53 FR 27826, July 25, 1988; 58 FR 52652, Oct. 12, 1993]
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1973 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1973

  To permit business development companies to increase investments in 
  small-and middle-market financial services companies and investment 
                               advisors.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2013

 Mr. Mulvaney introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
  To permit business development companies to increase investments in 
  small-and middle-market financial services companies and investment 
                               advisors.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Business Development Company 
Modernization Act''.

SEC. 2. INVESTMENTS OF BUSINESS DEVELOPMENT COMPANIES.

    The Investment Company Act of 1940 is amended--
            (1) in section 2(a)(46(B) (15 U.S.C. 80a-2(46)(B)) by 
        striking ``nor a company which would be an investment company 
        except for the exclusion from the definition of investment 
        company in section 3(c) of this title''; and
            (2) in section 60 (15 U.S.C. 80a-59) by striking ``except 
        that the Commission shall not'' and inserting ``except that--
            ``(1) section 12 shall not apply to the purchasing, 
        otherwise acquiring, or holding by a business development 
        company of any security issued by, or any other interest in the 
        business of, any person who is--
                    ``(A) an investment adviser registered under title 
                II of this Act or who is an investment adviser to an 
                investment company; or
                    ``(B) an eligible portfolio company as defined in 
                section 2(a)(46) (15 U.S.C. 80a-2(a)(46)); and
                    ``(C) the Commission shall not''.
                                 <all>
```