alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-82,239-03

EX PARTE EYNEL AROLDO GUZMAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W219-81460-08-HC IN THE 219TH DISTRICT COURT

FROM COLLIN COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of

aggravated sexual assault of a child and one count of indecencywith a child and sentenced to twentyfive years’ and fifteen years’ imprisonment, respectively. The Fifth Court of Appeals affirmed his

convictions. Guzman v. State, No. 05-09-01043-CR (Tex. App.– Dallas Mar. 15, 2011)(not

designated for publication).

Applicant contends that his sentences are improper because he was sentenced twice for one

criminal act. He alleges that the sexual assault of a child by digital penetration was predicated on
2

a touching which was a part of the indecency with a child by contact. Applicant has alleged facts

that, if true, might entitle him to relief. Patterson v. State, 152 S.W.3d 88 (Tex. Crim. App. 2004).

In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d

294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The

trial court may use any means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d). 

If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. 

If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an

attorney to represent Applicant at the hearing. TEX. CODE CRIM. PROC. art. 26.04. 

The trial court shall determine whether the actions alleged in the two counts were separate

and distinct instances or were a part of one assault. The trial court shall make findings of fact and

conclusions of law in regard to Applicant’s claim that his convictions violate double jeopardy. The

trial court shall also make any other findings of fact and conclusions of law that it deems relevant

and appropriate to the disposition of Applicant’s claim for habeas corpus relief.

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall

be obtained from this Court. 

Filed: February 4, 2015 

Do not publish
Editorial Note on Part 184
Editorial Note: Nomenclature changes to part 184 appear at 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; 68 FR 15355, Mar. 31, 2003; 69 FR 13717, Mar. 24, 2004; 70 FR 40880, July 15, 2005; 70 FR 67651, Nov. 8, 2005; and 81 FR 49897, July 29, 2016.

§ 184.1387 Lactase enzyme preparation from Candida pseudotropicalis. ( a ) This enzyme preparation is derived from the nonpathogenic, nontoxicogenic yeast *C. pseudotropicalis.* It contains the enzyme lactase (β-D-galactoside galactohydrolase, EC 3.2.1.23), which converts lactose to glucose and galactose. It is prepared from yeast that has been grown by a pure culture fermentation process.
( b ) The ingredient meets the general requirements and additional requirements for enzyme preparations in the Food Chemicals Codex, 3d ed. (1981), pp. 107-110, which are incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available from the National Academy Press, 2101 Constitution Ave. NW., Washington, DC 20418, or may be examined at the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500, between 9 a.m. and 4 p.m., Monday through Friday, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .*
( c ) In accordance with § 184.1(b)(1), the ingredient is used in food with no limitations other than current good manufacturing practice. The affirmation of this ingredient as generally recognized as safe as a direct human food ingredient is based upon the following current good manufacturing practice conditions of use: ( 1 ) The ingredient is used as an enzyme, as defined in § 170.3(o)(9) of this chapter, to convert lactose to glucose and galactose.
( 2 ) The ingredient is used in food at levels not to exceed current good manufacturing practice. Current good manufacturing practice is limited to use of this ingredient to reduce the lactose content in milk and milk-derived food products where food standards do not preclude such use.
[61 FR 7704, Feb. 29, 1996, as amended at 81 FR 5595, Feb. 3, 2016; 88 FR 17724, Mar. 24, 2023]
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          26,434
<SECURITIES>                                    75,873
<RECEIVABLES>                                   71,976
<ALLOWANCES>                                    11,067
<INVENTORY>                                          0
<CURRENT-ASSETS>                               170,205
<PP&E>                                         190,215
<DEPRECIATION>                                  68,910
<TOTAL-ASSETS>                                 492,281
<CURRENT-LIABILITIES>                          170,331
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           768
<OTHER-SE>                                      92,598
<TOTAL-LIABILITY-AND-EQUITY>                   492,281
<SALES>                                              0
<TOTAL-REVENUES>                               346,212
<CGS>                                                0
<TOTAL-COSTS>                                  231,758
<OTHER-EXPENSES>                                21,743
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,939
<INCOME-PRETAX>                                 86,734
<INCOME-TAX>                                    35,055
<INCOME-CONTINUING>                             51,679
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    51,679
<EPS-BASIC>                                       1.01
<EPS-DILUTED>                                     1.00



</TABLE>
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§ 160.105 Dried eggs. ( a ) Dried eggs, dried whole eggs are prepared by drying liquid eggs that conform to § 160.115, with such precautions that the finished food is free of viable *Salmonella* microorganisms. They may be powdered. Before drying, the glucose content of the liquid eggs may be reduced by one of the optional procedures set forth in paragraph (b) of this section. Either silicon dioxide complying with the provisions of § 172.480 of this chapter or sodium silicoaluminate may be added as an optional anticaking ingredient, but the amount of silicon dioxide used is not more than 1 percent and the amount of sodium silicoaluminate used is less than 2 percent by weight of the finished food. The finished food shall contain not less than 95 percent by weight total egg solids.
( b ) The optional glucose-removing procedures are: ( 1 ) *Enzyme procedure.* A glucose-oxidase-catalase preparation and hydrogen peroxide solution are added to the liquid eggs. The quantity used and the time of reaction are sufficient to substantially reduce the glucose content of the liquid eggs. The glucose-oxidase-catalase preparation used is one that is generally recognized as safe within the meaning of section 201(s) of the Federal Food, Drug, and Cosmetic Act. The hydrogen peroxide solution used shall comply with the specifications of the United States Pharmacopeia, except that it may exceed the concentration specified therein and it does not contain a preservative.
( 2 ) *Yeast procedure.* The pH of the liquid eggs is adjusted to the range of 6.0 to 7.0, if necessary, by the addition of dilute, chemically pure hydrochloric acid, and controlled fermentation is maintained by adding food-grade baker's yeast (*Saccharomyces cerevisiae*). The quantity of yeast used and the time of reaction are sufficient to substantially reduce the glucose content of the liquid eggs.
( c ) The name of the food for which a definition and standard of identity is prescribed by this section is “Dried eggs” or “Dried whole eggs” and if the glucose content was reduced, as provided in paragraph (b) of this section, the name shall be followed immediately by the statement “Glucose removed for stability” or “Stabilized, glucose removed”.
( d ) ( 1 ) When either of the optional anticaking ingredients specified in paragraph (a) of this section is used, the label shall bear the statement “Not more than 1 percent silicon dioxide added as an anticaking agent” or “Less than 2 percent sodium silicoaluminate added as an anticaking agent”, whichever is applicable.
( 2 ) The name of any optional ingredient used, as provided in paragraph (d)(1) of this section, shall be listed on the principal display panel or panels of the label with such prominence and conspicuousness as to render such statement likely to be read and understood by the ordinary individual under customary conditions of purchase.
( e ) *Label declaration.* Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter.
[42 FR 14462, Mar. 15, 1977, as amended at 58 FR 2883, Jan. 6, 1993]
§ 170.200 Federal awarding agency reporting requirements. ( a ) Federal awarding agencies are required to publicly report Federal awards that equal or exceed the micro-purchase threshold and publish the required information on a public-facing, OMB-designated, governmentwide website and follow OMB guidance to support Transparency Act implementation.
( b ) Federal awarding agencies that obtain post-award data on subaward obligations outside of this policy should take the necessary steps to ensure that their recipients are not required, due to the combination of agency-specific and Transparency Act reporting requirements, to submit the same or similar data multiple times during a given reporting period.
[85 FR 49525, Aug. 13, 2020]
###### Editorial Note on Part 112

#### Editorial Note:

Nomenclature changes to part 112 appear at 81 FR 49896, July 29, 2016.

#### § 112.193 What are the provisions for coordination of education and enforcement?

Under section 419(b)(2)(A) of the Federal Food, Drug, and Cosmetic Act, FDA coordinates education and enforcement activities by State, territorial, tribal, and local officials by helping develop education, training, and enforcement approaches.
# L_2019165EN.01006901.xml

| 21.6.2019 | EN | Official Journal of the European Union | L 165/69 |
| --- | --- | --- | --- |

21.6.2019

EN

Official Journal of the European Union

L 165/69

---

COUNCIL DECISION (CFSP) 2019/1018

of 20 June 2019

amending Decision 2014/386/CFSP concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 23 June 2014, the Council adopted Decision 2014/386/CFSP (1). |
| --- | --- |

(1)

On 23 June 2014, the Council adopted Decision 2014/386/CFSP (1).

| (2) | The Council does not recognise and continues to condemn the illegal annexation of Crimea and Sevastopol by the Russian Federation and will remain committed to fully implementing its non-recognition policy. |
| --- | --- |

(2)

The Council does not recognise and continues to condemn the illegal annexation of Crimea and Sevastopol by the Russian Federation and will remain committed to fully implementing its non-recognition policy.

| (3) | On the basis of a review of Decision 2014/386/CFSP, the restrictive measures should be renewed until 23 June 2020. |
| --- | --- |

(3)

On the basis of a review of Decision 2014/386/CFSP, the restrictive measures should be renewed until 23 June 2020.

| (4) | Decision 2014/386/CFSP should therefore be amended accordingly, |
| --- | --- |

(4)

Decision 2014/386/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Article 5 of Decision 2014/386/CFSP, the second paragraph is replaced by the following:

‘This Decision shall apply until 23 June 2020.’

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 20 June 2019.

For the Council

The President

G. CIAMBA

---

(1)  Council Decision 2014/386/CFSP of 23 June 2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol (OJ L 183, 24.6.2014, p. 70).

1

---
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1086 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 1086

  To amend title 10, United States Code, to remove the prohibition on 
   eligibility for TRICARE Reserve Select of members of the reserve 
 components of the Armed Forces who are eligible to enroll in a health 
     benefits plan under chapter 89 of title 5, United States Code.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2017

   Mr. Hatch introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To amend title 10, United States Code, to remove the prohibition on 
   eligibility for TRICARE Reserve Select of members of the reserve 
 components of the Armed Forces who are eligible to enroll in a health 
     benefits plan under chapter 89 of title 5, United States Code.

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

SECTION 1. MODIFICATION OF ELIGIBILITY FOR TRICARE RESERVE SELECT OF 
              CERTAIN MEMBERS OF THE SELECTED RESERVE.

    (a) In General.--Section 1076d(a) of title 10, United States Code, 
is amended--
            (1) in paragraph (1), by striking ``(1) Except as provided 
        in paragraph (2), a member'' and inserting ``A member''; and
            (2) by striking paragraph (2).
    (b) Sense of Congress.--It is the sense of Congress that the costs 
of carrying out the amendments made by this section, if any, will be 
offset.
                                 <all>
```
EXHIBIT 23.1CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMTo the Board of Directors and Stockholders
Exhibit






Exhibit 10.7
SECOND AMENDMENT TO
EMPLOYMENT AGREEMENT




THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”), is entered into as of March 23, 2017, by and between The New Home Company Inc., a Delaware corporation (the “Company”) and Thomas Redwitz (“Executive”).  Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Employment Agreement (as defined below).


WHEREAS, the Company and Executive have entered into that certain Employment Agreement, dated as of January 30, 2014, as amended by that certain Amendment to Employment Agreement, dated February 16, 2017, (as amended, the “Employment Agreement”) which sets forth the terms and conditions of Executive’s employment by the Company; and


WHEREAS, the Company and Executive desire to amend the Employment Agreement to adjust the circumstances under which Executive receives the Severance Payment following a Termination for Good Reason by amending the definition of Good Reason, as set forth in this Amendment.


NOW, THEREFORE, in consideration of the premises set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Company and Executive hereby amend the Employment Agreement as follows, effective as of March 17, 2017:


1.Sub-section 4(e)(i) of the Employment Agreement is hereby deleted in its entirety and replaced with the following:


“a material diminution in Executive’s Base Salary below $450,000”
    
2.As of March 17, 2017, this Amendment shall be and is hereby incorporated in and forms a part of the Employment Agreement.


3.Except as amended and set forth herein, the Employment Agreement shall continue in full force and effect.






[SIGNATURE PAGE FOLLOWS]
    









IN WITNESS WHEREOF, this Amendment has been executed and delivered by the parties hereto.




THE NEW HOME COMPANY INC.,
a Delaware corporation




By:    /s/ H. Lawrence Webb    
Name:    H. Lawrence Webb
Title:    Chief Executive Officer








“EXECUTIVE”


/s/ Thomas Redwitz        
Thomas Redwitz
###### Editorial Note on Part 1315

#### Editorial Note:

Nomenclature changes to part appear at 82 FR 97041, Dec. 30, 2016.

#### § 1315.37 Abandonment of procurement quota.

Any manufacturer assigned a procurement quota for a chemical pursuant to § 1315.23 may at any time abandon his right to manufacture all or any part of such quota by filing a notice of such abandonment with the UN Reporting and Quota Section, Diversion Control Division, Drug Enforcement Administration in the online Quota Management System. The Administrator may, in his discretion, allocate the amount among the other manufacturers in proportion to their respective quotas.

[88 FR 60144, Aug. 31, 2023]
§ 1303.03 Types of quotas. The three types of quotas are: ( a ) Aggregate production quotas, which establish the total quantity of each basic class of schedules I and II controlled substances that may be produced by all manufacturers in a calendar year.
( b ) Individual manufacturing quotas, which establish the maximum quantity of each basic class of schedules I and II controlled substances that a registered manufacturer may manufacture during a calendar year. This type of quota is only issued to DEA-registered bulk manufacturers.
( c ) Procurement quotas, which establish the maximum quantity of each basic class of schedules I and II controlled substances that a registered manufacturer may procure during a calendar year for the purpose of manufacturing into dosage-forms or other substances.
[88 FR 60139, Aug. 31, 2023]
Exhibit 32.1





Certification of Chief Executive Officer and Chief Financial Officer


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 Hancock Fabrics, Inc. (the “Hancock”) on Form 10-Q for the period ended April 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of Steven R. Morgan, interim President and Chief Executive Officer of Hancock and Robert W. Driskell, Executive Vice President and Chief Financial Officer of Hancock, certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of their 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.





Date: June 10, 2011





/s/ Steven R. MorganSteven R. MorganInterim President and Chief Executive Officer/s/ Robert W. DriskellRobert W. DriskellExecutive Vice President andChief Financial Officer(Principal Financial Officer)
Exhibit 10.2


 


Consent of Independent Registered
Public Accounting Firm


 


The Board of Directors

Atrium European Real Estate Limited:


 


We consent to the incorporation by reference in the registration statement (No. 333-188107) on Form F-3 of
Gazit-Globe Ltd of our report dated March 21, 2017, with respect to the consolidated statements of financial position of Atrium
European Real Estate Limited and subsidiaries as of December 31, 2016 and 2015, and the related consolidated statements of
profit or loss, statements of other comprehensive income, cash flow statements, and statements of changes in equity for the years
then ended; as well as our report dated March 9, 2016 with respect to the consolidated statements of financial position of Atrium
European Real Estate Limited and subsidiaries as of December 31, 2015 and December 31, 2014, and the related consolidated income
statements, statements of comprehensive income/(loss), cash flow statements and statements of changes in equity for each of the
years in the two-year period ended December 31, 2015, which reports appear in the December 31, 2016 annual report on Form
20-F of Gazit-Globe Ltd.


 


/s/ KPMG Channel Islands Limited


KPMG Channel Islands Limited


 


Jersey, Channel Islands

April 27, 2017