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

 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 R. 47.5, the court has determined that this opinion should not be published and is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. 97-60209

(Summary Calendar)

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EUGENE ERVIN; ERIC JEROME ERVIN, 

also known as Sealed Defendant 2,

Defendants-Appellants.

__________________________________________

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 3:96-CR-61-BN-ALL

__________________________________________

December 19, 1997

Before JONES, SMITH and STEWART, Circuit Judges.

PER CURIAM:*

Eugene Ervin and Eric Jerome Ervin appeal their convictions for jury tampering pursuant to

18 U.S.C. § 1503. Both defendants argue that the evidence was insufficient to prove that they

endeavored to influence a juror. The juror need not actually have been influenced. United States v.

Williams, 874 F.2d 968, 981 (5th Cir. 1989). The Ervins need not have explicitly threatened Caston
2

or have told Caston that he should acquit Culley. See United States v. Forrest, 623 F.2d 1107, 1113-

14 (5th Cir. 1980). The evidence was sufficient. 

Eugene Ervin argues that the district court committed reversible error in not granting his

motion for new trial. The district court’s holding that the alleged newly discovered evidence would

be cumulative of that presented at trial and would not change the outcom e of the trial was not an

abuse of discretion. United States v. Sanchez-Sotelo, 8 F.3d 202, 212 (5th Cir. 1993).

Eric Ervin argues that the district court committed reversible error in failing to sustain his

objection to the admission of certain testimony byVedale Williams asmore prejudicialthan probative

pursuant to Fed. R. Evid. 403. From the context of Williams’ testimony, the district court did not

abuse its discretion in allowing the quesitons as probative of Williams’ credibility. The court

determined that the probative value of the elicited testimony would not be substantially outweighed

by any possible speculative prejudicial effect. United States v. Pace, 10 F.3d 1106, 1115-16 (5thCir.

1993).

AFFIRMED.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 239 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 239

  To require zero-based budgeting for departments and agencies of the 
                              Government.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2013

   Mr. Ross introduced the following bill; which was referred to the 
                        Committee on the Budget

_______________________________________________________________________

                                 A BILL

 
  To require zero-based budgeting for departments and agencies of the 
                              Government.

    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 ``Zero-based Budgeting Ensures 
Responsible Oversight (ZERO) Act of 2013''.

SEC. 2. ZERO-BASED BUDGETING.

    Section 1105 of title 31, United States Code, is amended by adding 
at the end the following new subsection:
    ``(i)(1) The President shall submit with materials related to each 
budget transmitted under subsection (a) on or after January 1, 2015, a 
budget for each department and agency which contains the following 
information:
            ``(A) A description of each activity for which the 
        department or agency receives an appropriation in the current 
        fiscal year or for which the department or agency requests an 
        appropriation for the budget year.
            ``(B) The legal basis for each activity.
            ``(C) For each activity, three alternative funding levels 
        for the budget year, and a summary of the priorities that would 
        be accomplished within each level, and the additional 
        increments of value that would be added by the higher funding 
        levels. At least two of these funding levels shall be below the 
        funding level for the current fiscal year.
            ``(D) For each activity, one or more measures of its cost 
        efficiency and effectiveness.
    ``(2) As soon as practicable, the Director of the Office of 
Management and Budget shall publish guidelines to carry out this 
subsection. The guidelines shall require that the baseline budget of 
each department or agency is assumed to be zero and each proposed 
expenditure shall be justified as if it were a new expenditure.''.
                                 <all>
```
§ 29.425 Submission and disposition of pesticide residues and end user(s) certification. ( a ) Completion of certification: The importer shall complete a pesticide residue and end user(s) certification on a form approved by the Director for each lot of flue-cured or burley tobacco, including stems, offered for importation. If the importer is unable to identify the end user(s) or purchasers at the time of importation, an amended certification shall be executed within 30 days or at such time as the end user(s) or subsequent purchasers can be identified for any portion of the lot. Subsequent purchasers or end users so identified shall also complete an end user(s) certification until the tobacco is used in the manufacture of tobacco products or is reexported.
( b ) Disposition of copies: The importer shall deliver the original and first copy to the inspector at the time the tobacco is inspected under the provisions of §§ 29.400 through 29.407. Subsequent purchasers or end users and importers submitting amended forms shall mail the original and first copy to Director, Tobacco Division, AMS, USDA, Washington, DC 20250.
( c ) The information collection and recordkeeping requirements contained in this section have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. chapter 35 and have been assigned OMB control number 0581-0056.
[51 FR 30198, Aug. 22, 1986]
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350, ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Quarterly Report on Form 10-Q of TWC Holding LLC (the “Company”)for the thirteen week period ended April 1, 2006 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,Michael M. Thompson, President and Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of The Sarbanes-Oxley Act of 2002, that:

1.               TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

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

 

Date:  May 16, 2006

 
|        | By:    | /s/ Michael M. Thompson                |
|--------|--------|----------------------------------------|
|   |   | Michael M.  Thompson                   |
|   |   | President and  Chief Executive Officer |

 

 

 

Asigned original of this written statement, or other document authenticating,acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement, has been provided tothe Company and will be retained by the Company and furnished to the Securitiesand Exchange Commission or its staff upon request.

 

----
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Quarterly Report of AEI Income  &  Growth
Fund  26  LLC  (the "Company") on Form 10-Q for the period  ended
September  30,  2009, as filed with the Securities  and  Exchange
Commission  on  the date hereof (the "Report"), the  undersigned,
Robert  P.  Johnson, President of AEI Fund Management XXI,  Inc.,
the  Managing Member of the Company, and Patrick W. Keene,  Chief
Financial Officer of AEI Fund Management XXI, Inc., each certify,
pursuant  to  18 U.S.C. 1350, as adopted pursuant to Section  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.


                          /s/ ROBERT P JOHNSON
                              Robert P. Johnson, President
                              AEI Fund Management XXI, Inc.
                              Managing Member
                              November 10, 2009



                          /s/ PATRICK W KEENE
                              Patrick W. Keene, Chief Financial Officer
                              AEI Fund Management XXI, Inc.
                              Managing Member
                              November 10, 2009
#### In the Matter of Ronald Crowley.

Order entered terminating suspension and reinstating petitioner as an attorney and counselor at law. Present—Dillon, P. J., Cardamone, Simons, Hancock, Jr., and Schnepp, JJ.
~tat£ of 4ffi{ississippi 

®ffit£ of tq£ 1fii£ut£nant ~ou£rnor 

May 9, 2012 

Mr. Dennis DeVany 

Chief, Essential Air Service Division 

Office of Aviation Analysis 

Department of Transportation 

1200 New Jersey Avenue SE, 

Washington, D.C. 20590 

TATE REEVES 

Lieutenant Governor 

Reference; DOT-OST-2008-0209, 2001-10685, 2009-0305, 2000-7856 

Greenville, MS, Laurel/Hattiesburg, MS, Tupelo, MS and Muscle Shoals, AL EAS 

Dear Mr. DeVany, 

As Lieutenant Governor of the state of Mississippi, I am lending my support to efforts to provide 

essential air service replacement for current Delta Air Lines services. 

Local air service that provides an effective connection to the national and international air 

transportation system is critical to the economic well-being of many of our communities and our state 

as a whole. Our citizens rely on local air service for both business and leisure travel. 

For example, the Silver Airways proposals offer Mississippi a modern 34-seat turboprop aircraft and 

flights to Atlanta, which is not only the largest hub airport in the world but also a popular business and 

leisure travel destination in its own right. This type of air service would enhance Mississippi's business 

and leisure travel capacities. 

Best regards, 

J.~ v\...LU.es ,.___,.__ 

Lieutenant Governor 

P. 0. Box 1018, Jackson, MS 39215-1018 • 601- 359-3200 • 601-359-4054 Fax 

Itgovreeves.m.'hgov
#### § 35.16 Suspension of inspection.

Any order to withhold the issuance of a certificate, as provided in section 6 of the Act, will be effective from the date specified in the order but no earlier than the date of its service upon the person found to have been guilty. Such order will state the inclusive dates during which it is to remain in effect, and during this period no inspector employed or licensed by the Secretary shall issue any Certificate of Inspection to such person.
#### ALLISON, Respondent, v. HUBBARD, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 3, 1906.)

Action by William Allison against Elmer 61. Hubbard.

PER CURIAM.

Judgment ~affirmed, with costs.

KRUSE, J., dissents, upon the ground that it was error to charge as matter of law that the defendant was liable for conversion on account of the sale of the team of horses at the auction, unless the plaintiff consented thereto.
#### In re BROWN.

Supreme Court, Appellate Division, Second Department.

September 28, 1906.)

In the matter of the application of _ Nathaniel M. Brown for admission to the bar.

No opinion. We are, of the opinion that the applicant should be m good standing m the foreign jurisdiction to be received as an attorney and counselor in this state by comity without examination. This is within the spirit, « ****letter’ o£ the rule °f the 0ourt of Appeals.
§ 3430.206 Matching requirements. ( a ) *Requirement.* Grantees are required to provide funds or in-kind support from non-Federal sources in an amount that is at least equal to the amount provided by the Federal government. The matching contribution must be provided from non-Federal sources except when authorized by statute. The matching requirements under this subpart cannot be waived.
( b ) *Indirect costs.* Use of indirect costs as in-kind matching contributions is subject to § 3430.52.
#### §§ 3550.254-3550.299 [Reserved]
*Tuesday, September 22, 1998*

MOTION DOCKET

98-904.

#### State v. Herring.

Mahoning C.P. No. 96CR339. This cause is pending before the court as an appeal from the Court of Common Pleas of Mahoning County. Upon consideration of appellant’s motion for extension of time for transmission of the record,

IT IS ORDERED by the court that the motion for extension of time for transmission of the record be, and hereby is, granted, and the time for transmitting the record is extended to September 22, 1998. No further extensions will be granted.
JUDGMENT

Court of Appeals 

 

First District of Texas 

NO. 01-14-00269-CV

ADOLFO R. MARTINEZ, Appellant

V.

NOEL P. BENAVIDES, PABLO A. MARTINEZ, INC., DR. JAVIER TADEO

RAMIREZ, JUDITH CHRISTINA R. BARRERA, INDIVIDUALLY AND AS 

EXECUTRIX OF THE ESTATE OF EVANGELINA H. RAMIREZ, MARIA CECILIA 

R. BENAVIDES, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF

EVANGELINA H. RAMIREZ, CLAUDIA RAMIREZ MATHERS, AND LETICIA R. 

REYES, Appellees

Appeal from the 229th District Court of Starr County. (Tr. Ct. No. DC-03-350).

This case is an appeal from the final judgment signed by the trial court on 

December 9, 2013. After submitting the case on the appellate record and the arguments 

properly raised by the parties, the Court holds that there was error in the portion of the 

trial court’s judgment that dismissed appellant’s claims with prejudice. Accordingly, the 

Court modifies the referenced portion of the trial court’s judgment to strike the words 

“with prejudice,” and remands the case to the trial court for an oral hearing on the 

motion to reinstate.
The Court orders that the appellant, Adolfo R. Martinez, pay one half of the 

appellate costs. The Court orders that the appellees, Noel P. Benavides, Pablo A. 

Martinez, Inc., Dr. Javier Tadeo Ramirez, Judith Christina R. Barrera, Individually and as 

Executrix of the Estate of Evangelina H. Ramirez, Maria Cecilia R. Benavides, 

Individually and as Executrix of the Estate of Evangelina H. Ramirez, Claudia Ramirez 

Mathers, and Leticia R. Reyes, jointly and severally, pay one half of the appellate costs. 

The Court orders that this decision be certified below for observance.

Judgment rendered March 31, 2015.

Panel consists of Justices Jennings, Higley, and Huddle. Opinion delivered by Justice 

Huddle.
#### Insurance Company of North America, as Subrogee of William Zastawny, Respondent, v City of Syracuse, Appellant.

Order and judgment unanimously reversed, with costs, and motion denied. Memorandum: In this negligence action by the insurer-subrogee of William Zastawny, the owner of an automobile, to recover damages to the automobile, it is alleged that at 3:05 a.m. on December 21, 1976 the vehicle was lawfully parked next to the curb on Comstock Avenue when it was struck and damaged by a truck owned by defendant City of Syracuse and operated with its permission by its employee engaged in sanding and snowplowing the highway, and it is alleged that the driver negligently operated the truck at a rate of speed too fast for the conditions. The city answered and denied that its employee was negligent. Plaintiff moved for summary judgment and supported the motion by the affidavit of its attorney to which was attached a copy of the police accident report and some correspondence which indicated the amount of plaintiff’s damage. Defendant responded to the motion by submitting the affidavit of its driver that at the time of the accident he was driving the city truck "at a very slow rate of speed” and that "the pavement was very icy and caused my [his] vehicle to slide”. Defendant acknowledged that plaintiff’s vehicle was not responsible in any way for the accident. Upon that record, City Court granted plaintiff’s motion for summary judgment, and County Court affirmed the order. The fact that the truck crossed over to its wrong side of the road "made out prima facie [a case in negligence] sufficient to go to the jury to determine liability. The explanation of the defendant, if he gives one, will also usually be for the jury” *(Pfaffenbach v White Plains Express Corp.,*17 NY2d 132, 135). The fact of "skidding”, without explanation compatible with freedom from negligence, may present a prima facie case in negligence when the plaintiff is not a passenger in the operator’s vehicle *(Pfaffenbach v White Plains Express Corp., supra,*concurring opn, p 136). Here the affidavit of the defendant’s driver that he was proceeding at a very slow rate of speed and that the pavement was very icy and caused his vehicle to slide, presented questions of fact for a jury, and the court erred in granting summary judgment to plaintiff *(Ugarriza v Schmieder,*46 NY2d 471; *Coury v Safe Auto Sales,*32 NY2d 162; *Pfaffenbach v White Plains Express Corp., supra).*(Appeal from order and judgment of Onondaga County Court—summary judgment.) Present—Dillon P. J., Cardamone, Simons, Doerr and Witmer, JJ.
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of General Medical Sciences Special Emphasis Panel; K99 Pathway to Independence.                    

*Date:*                         December 17, 2010.                    

*Time:*                         8 a.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Bethesda North Marriott Hotel and Conference Center, 5701 Marinelli Road, Bethesda, MD 20852.                    

*Contact Person:*                         Meredith D. Temple-O'Connor, PhD, Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, 45 Center Drive, Room 3AN12C, Bethesda, MD 20892, 301-594-2772,                         *templeocm@mail.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859,  Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers;  93.96, Special Minority Initiatives, National Institutes of Health, HHS)

Dated: November 18, 2010.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee  Policy.

[FR Doc. 2010-29618 Filed 11-23-10; 8:45 am]

BILLING CODE 4140-01-P
98-1475.

#### State v. Hartman.

Summit C.P. No. CR97091987. This cause is pending before the court as an appeal from the Court of Common Pleas of Summit County. Upon consideration of appellant’s motion for extension of time for transmission of record,

IT IS ORDERED by the court that the motion for extension of time for transmission of the record be, and hereby is, granted, and the time for transmitting the record is extended to November 23, 1998. No further extensions will be granted.
<<Prev Rule Next Rule>>

TITLE 4 AGRICULTURE

PART 1 TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 19 QUARANTINES AND NOXIOUS AND INVASIVE PLANTS

SUBCHAPTER T NOXIOUS AND INVASIVE PLANTS

RULE §19.300 Noxious and Invasive Plant List

(a) The following plants have serious potential to cause economic or ecological harm to the state.

Attached Graphic

(b) Unless permitted by the Texas Department of Parks and Wildlife Code §66.007 or by the Texas

Department of Agriculture, a person commits an offense under the Texas Agriculture Code, §71.152, if the

person sells, distributes or imports into the state the plants listed in subsection (a) of this section in any live

form.

(c) For the purpose of this section, the term "distributes" does not include the accidental or unintentional

movement of noxious plant material in the course of legitimate construction activities or agricultural

activities, including but not limited to, re-seeding, transportation of agricultural products and the movement

of farm or earth moving equipment.

Source Note: The provisions of this §19.300 adopted to be effective January 6, 2005, 29 TexReg 12163;

amended to be effective June 10, 2007, 32 TexReg 3171

Next Page Previous Page

: Texas Administrative Code http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_d...

1 of 1 3/30/2012 1:40 PM
Figure: 4 TAC §19.300(a)

Common Name Botanical Name

Noxious plants

alligatorweed Alternanthera

philoxeroides

balloonvine Cardiospermum

halicacabum

Brazilian peppertree Schinus

terebinthifolius

broomrape Orobanche ramosa

camelthorn Alhagi camelorum

Chinese tallow tree Triadica sebifera

Eurasian watermilfoil Myriophyllum

spicatum

giant duckweed Spirodela oligorrhiza

giant reed Arundo donax

hedge bindweed Calystegia sepium

hydrilla Hydrilla verticillata

itchgrass Rottboellia

cochinchinensis

Japanese dodder Cuscuta japonica

kudzu Pueraria montana

var. lobata

lagarosiphon Lagarosiphon major

paperbark Melaleuca

quinquenervia

purple loosestrife Lythrum salicaria

rooted waterhyacinth Eichhornia azurea

saltcedar Tamarix spp.

salvinia Salvinia spp.

serrated tussock Nassella trichotoma

torpedograss Panicum repens

Figure: 4 TAC §19.300(a) http://info.sos.state.tx.us/fids/200701978-1.html

1 of 2 3/30/2012 1:32 PM
tropical soda apple Solanum viarum

water spinach Ipomoea aquatica

waterhyacinth Eichhornia crassipes

waterlettuce Pistia stratiotes

Invasive plants

Chinese tallow tree Triadica sebifera

kudzu Pueraria montana

var. lobata

saltcedar Tamarix spp.

tropical soda apple Solanum viarum

Figure: 4 TAC §19.300(a) http://info.sos.state.tx.us/fids/200701978-1.html

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