alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-40410

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HENRY DE JESUS POSADA-MUNOZ,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. M-95-CV-173

- - - - - - - - - -

March 20, 1997

Before GARWOOD, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

Henry de Jesus Posada-Munoz, #64583-079, appeals from the

district court’s order dismissing his motion to vacate, set

aside, or correct his sentence pursuant to 28 U.S.C. § 2255. He

argues that the district court erred in calculating the quantity

of heroin used to determine his base offense level and that the

calculation of his sentence using the 1993 Sentencing Guidelines

constituted an ex post facto violation.
No. 96-40410

- 2 -

Posada’s challenge to the district court’s application of

the guidelines is not cognizable in a § 2255 motion because a

district court’s technical application of the Guidelines does not

give rise to a constitutional issue. See United States v.

Vaughn, 955 F.2d 367, 368 (5th Cir. 1992). Posada’s assertion

that the application of the 1993 version of the Guidelines

constitutes an ex post facto violation lacks a factual basis

since Posada’s sentence was calculated using the 1992 version of

the Guidelines.

For the first time on appeal, Posada asserts that the

indictment was fundamentally defective because the language of

the indictment failed to precisely track the language of the

statute. Posada’s assertion was not adequately briefed and is

thus deemed abandoned. See Brinkmann v. Dallas County Deputy

Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). 

AFFIRMED.
### COA# 08-14-00026-CR Antonio Mejia Ruiz v. The 

### STYLE: StateofTexas COA DISPOSITION: Affirm 

# 7$1*fS«p

OFFENSE: 21.1 

### COUNTY: Collin TRIAL COURT: 296th District Court DATE: 5/29/2015 Publish: No TC CASE #: 296-82375-2012



### IN THE COURT OF CRIMINALAPPEALS ELECTRONIC RECORD Antonio Mejia Ruiz v. The State 

### STYLE: ofTexas 

## APPELLANT^ Petition FOR DISCRETIONARY REVIEW IN CCA IS: 

# DATE: /pjl/f/j#/r JUDGE: 

# C(jAju&41~- CCA#: CCADisposition: DATE: 

### JUDGE:. SIGNED: PUBLISH:

REHEARING IN CCA IS: JUDGE: 

# ni±j£L

PC: DNP:

MOTION FOR
§ 1238.28 What must agencies do when sending permanent microform records to a records storage facility? Agencies must: ( a ) Follow the procedures in part 1232 of this chapter and the additional requirements in this section.
( b ) Package non-silver copies separately from the silver gelatin original or silver duplicate microform copy and clearly label them as non-silver copies.
( c ) Include the following information on the transmittal (SF 135 for NARA Federal Records Centers), or in an attachment to the transmittal. For records sent to an agency records center or commercial records storage facility, submit this information to NARA as part of the documentation required by § 1232.14 of this subchapter: ( 1 ) Name of the agency and program component;
( 2 ) The title of the records and the media and format used;
( 3 ) The number or identifier for each unit of microform;
( 4 ) The security classification, if any;
( 5 ) The inclusive dates, names, or other data identifying the records to be included on a unit of microform;
( 6 ) Finding aids that are not contained in the microform; and
( 7 ) The inspection log forms and inspection reports required by § 1238.22(e).
( d ) Agencies may transfer permanent microform records to a records storage facility meeting the storage requirements in § 1232.14(a) (see § 1233.10 of this subchapter for NARA Federal Records Centers) of this subchapter only after the first inspection or with certification that the microforms will be inspected by the agency, a contractor, or a NARA Federal Records Center (on a reimbursable basis) when the microforms become 2 years old.
----

----

|   | (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. |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| August      14, 2009 | /s/      Richard R. Ivanovick |
|----------------------|-------------------------------|
|                 | Richard      R. Ivanovick     |
|                 | Chief      Financial Officer  |

----
Date or report 

1969 

Dec. 8 

17 

truutr nf tqr luitrb ttnttn 

NINETY-FIRST CONGRESS 

FIRST SESSION fonvened January 3, I969 

EXECUTIVE CALENDAR 

Prepared under the direction of FRANCIS R. V ALEO, Secretary of the Senate 

By GERALD A. HACKETT, Executive Clerk 

Friday, December 19, 1969 

NOMINATIONS 

Calendar Message Name or nominee Otlice Predeoeaaor 

No. No. 

AMBASSADOR 

695 645 Henry J. Tasca, of Pennsyl- Ambassador Extraordmary 

vania, a Foreign SerVIce and Plenipotentiary of 

officer of the class of the United States of 

career minister. America to Greece. 

[NEW REPORT] 

U.S. MARSHAL 

721 790 William M. Johnson, of U.S. marshal for the south- James E. Luckie, reGeorgia ern dlstnct of Georgia signed. 

for the term of 4 years. 

37-022-69-No. 122
# EUR-Lex - 12008E286 - EN

Important legal notice

*|*

# 12008E286

**Consolidated version of the Treaty on the Functioning of the European Union - PART SIX: INSTITUTIONAL AND FINANCIAL PROVISIONS - TITLE I: INSTITUTIONAL PROVISIONS - Chapter 1: The institutions - Section 7: The Court of Auditors - Article 286 (ex Article 247 TEC) **

*
Official Journal 115 , 09/05/2008 P. 0169 - 0170 *

Article 286

(ex Article 247 TEC)

1. The Members of the Court of Auditors shall be chosen from among persons who belong or have belonged in their respective States to external audit bodies or who are especially qualified for this office. Their independence must be beyond doubt.

2. The Members of the Court of Auditors shall be appointed for a term of six years. The Council, after consulting the European Parliament, shall adopt the list of Members drawn up in accordance with the proposals made by each Member State. The term of office of the Members of the Court of Auditors shall be renewable.

They shall elect the President of the Court of Auditors from among their number for a term of three years. The President may be re-elected.

3. In the performance of these duties, the Members of the Court of Auditors shall neither seek nor take instructions from any government or from any other body. The Members of the Court of Auditors shall refrain from any action incompatible with their duties.

4. The Members of the Court of Auditors may not, during their term of office, engage in any other occupation, whether gainful or not. When entering upon their duties they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom and in particular their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits.

5. Apart from normal replacement, or death, the duties of a Member of the Court of Auditors shall end when he resigns, or is compulsorily retired by a ruling of the Court of Justice pursuant to paragraph 6.

The vacancy thus caused shall be filled for the remainder of the Member's term of office.

Save in the case of compulsory retirement, Members of the Court of Auditors shall remain in office until they have been replaced.

6. A Member of the Court of Auditors may be deprived of his office or of his right to a pension or other benefits in its stead only if the Court of Justice, at the request of the Court of Auditors, finds that he no longer fulfils the requisite conditions or meets the obligations arising from his office.

7. The Council shall determine the conditions of employment of the President and the Members of the Court of Auditors and in particular their salaries, allowances and pensions. It shall also determine any payment to be made instead of remuneration.

8. The provisions of the Protocol on the privileges and immunities of the European Union applicable to the Judges of the Court of Justice of the European Union shall also apply to the Members of the Court of Auditors.

--------------------------------------------------
[Crim. No. 2017.

Third Dist.

June 12, 1947.]

#### In re WARREN ELMER RUGLAND, on Habeas Corpus.

Warren Elmer Rugland, in pro. per., for Petitioner.

Fred N. Howser, Attorney General, and Ruth Bernfield, Deputy Attorney General, for Respondent.

*317ADAMS, P. J.

Petitioner has petitioned this court for a writ of habeas corpus. The facts are not disputed. The petition alleges that petitioner is now illegally deprived of his liberty by the warden of the Folsom State Prison. His claim is that he should have been committed to the Youth Authority instead of being sentenced to a state prison. The facts are that on December 11, 1944, petitioner was arraigned for judgment and sentence in the Superior Court of Tulare County, on his pleas of guilty to two separate charges of violation of section 503 of the Vehicle Code. At the time of such arraignment petitioner was 19 years of age and his counsel, appointed by the court to represent him, urged the trial court to withhold sentencing petitioner to a state prison because of his youth and the probable effects of incarcerating him in such an institution. Despite such urge hy counsel, the trial court did not commit petitioner to the Youth Authority but instead sentenced him to the state prison at San Quentin.

The attorney general concedes that upon such facts, under section 1731.5 of the Welfare and Institutions Code as that section read at the time the sentence was imposed, it was mandatory upon the trial court to commit petitioner to the Youth Authority. *(People*v. *Ralph,*24 Cal.2d 575 [150 P.2d 401].) Section 1731 of the Welfare and Institutions Code then provided, and still provides, that a court shall determine whether a person convicted of a public offense was less than 21 years of age at the time of his apprehension. Section 1731.5 of the same code, at the time of the imposition of the sentence upon petitioner, and so far as material here, provided : “A court shall commit to the Authority any person convicted of a public offense” etc., “who is found to be less than 21 years of age at the time of apprehension.” (Stats. 3d Ex. Sess. 1944, ch. 2, § 5.)

By virtue of the aforesaid provisions and the decision in *People*v. *Ralph, supra,*we are forced to hold that it was mandatory upon the trial court to commit this petitioner to the Youth Authority.

The causes are therefore remanded to the Superior Court of Tulare County with directions to commit petitioner to the Youth Authority.

Peek, J., and Thompson, J., concurred.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-7822
AARON HOLSEY, Petitioner - Appellant, versus ALEXANDER M. FRANCIS, Warden; J. JOSEPH CURRAN, JR., Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge. (CA-97-2362-JFM) Submitted: April 29, 1998 Decided: May 15, 1998 Before MURNAGHAN, NIEMEYER, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Aaron Holsey, Appellant Pro Se. John Joseph Curran, Jr., AttorneyGeneral, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). We have reviewed the record and the district court'sopinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Holsey v. Francis , No. CA-97-2362-JFM (D. Md. Dec. 1, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
1 

FEDERAL ELECTION COMMISSION 

WASHINGTON, D.C 20463 

Jan Witold Baran 3,0 2^ 

Caleb P. Burns 

Wiley Rein LLP 

1776 K Street, NW 

Washington, DC 20006 

RE: MUR 6589 

^ American Action Network 

Q 

Dear Mr. Baran: 

On June 12, 2012, the Federal Election Commission notified your client of the complaint 

in MUR 6589 alleging that American Action Network violated the Federal Election Campaign 

Act of 1971, as amended. 

On June 24, 2014, the Commission considered the complaints, but there was an 

insufficient number of votes to find reason to believe that American Action Network violated 2 

U.S.C. §§ 432, 433, and 434. Accordingly, the Commission closed its file in this matter. 

Documents related to the case will be placed on the public record within 30 days. See 

Statement of Policy Regarding Disclosure of Closed Enforcement and Related Files, 

68 Fed. Reg. 70,426 (Dec. 18, 2003) and Statement of Policy Regarding Placing First General 

Coun.sel's Reports on the Public Record, 74 Fed. Reg. 66,132 (Dec. 14, 2009). The Commission 

did not adopt a Factual and Legal Analysis for this case. A Statement of Reasons further 

explaining the basis for the Commission's decision will follow. 

If you have any questions, please contact Peter Reynolds, the attorney assigned to this 

matter at (202) 694-1650. 

William Powers 

Assistant General Counsel
# Map            Saint Vincent and the Grenadines.
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 Defense

###### Office of the Secretary

          - [Transmittal No. 06-71]

# AGENCY:

Department of Defense, Defense Security Cooperation Agency.

      ( print page 59449)    

# ACTION:

Notice. 

# SUMMARY:

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

# FOR FURTHER INFORMATION CONTACT:

Ms. J. Hurd, DSCA/DBO/CFM, (703) 604-6575.

The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 06-71 with attached transmittal, policy justification, and Sensitivity of Technology.

Dated: October 2, 2006.

C.R. Choate,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

      ( print page 59450)          ( print page 59451)          ( print page 59452)          ( print page 59453)          ( print page 59454)          ( print page 59455)          ( print page 59456)          ( print page 59457)          ( print page 59458)          ( print page 59459)    

BILLING CODE 5001-06-M

[FR Doc. 06-8548  Filed 10-6-06; 8:45 am]

BILLING CODE 5001-06-C
[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Notices]
[Pages 5052-5053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-885]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Edwin Irizarry Garcia From an 
Objection by the Puerto Rico Planning Board

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (Commerce).

ACTION: Notice of closure--administrative appeal decision record.

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

SUMMARY: This announcement provides notice that the decision record has 
been closed for an administrative appeal filed with the Department of 
Commerce by Edwin Irizarry Garcia.

DATES: The decision record for the Irizarry administrative appeal 
closed on January 23, 2006.

ADDRESSES: Materials from the appeal record are available at the Office 
of the Assistant General Counsel for Ocean Services, National Oceanic 
and Atmospheric Administration, U.S. Department of Commerce, 1305 East-
West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Brett Grosko, Attorney-Adviser, NOAA 
Office of the General Counsel, 301-713-7384.

SUPPLEMENTARY INFORMATION: Edwin Irizarry Garcia (Appellant) has filed 
a notice of appeal with the Secretary of Commerce (Secretary) pursuant 
to section 307(c)(3)(A) of the Coastal Zone Management Act of 1972 
(CZMA), as amended, 16 U.S.C. ``1456(c)(3)(A), and implementing 
regulations found at 15 CFR part 930, Subpart H. Mr. Irizarry appeals 
an objection raised by the Puerto Rico Planning Board (Puerto Rico) to 
a consistency certification contained within his application to the

[[Page 5053]]

Army Corps of Engineers for a permit to reconstruct a private pier.
    Applicable provisions of the CZMA require that a notice be 
published in the Federal Register, indicating the date on which the 
decision record closed. Accordingly, notice is hereby provided that the 
decision record for this appeal closed on January 23, 2006.
    For additional information about this appeal contact Brett Grosko, 
301-713-7384.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.)

    Dated: January 24, 2006.
James R. Walpole,
General Counsel.
[FR Doc. 06-885 Filed 1-30-06; 8:45 am]
BILLING CODE 3510-08-M
#### Malone, administratrix, etc., v. Hathaway.

*Pfegligence*— *master and servant*— *duty of master to provide safe structures.*

Plaintiff’s intestate,an employee of defendant, while in the discharge of his duty, .was killed by the breaking down of a floor in defendant’s brewery, upon which stood a mash-tub filled with boiling mash. The evidence tended to show that the floor was rotten, weak and insufficient to support the tub through the negligence of defendant in not making repairs. *Held,*that it was the duty of defendant to furnish a safe structure in which the duties of his servant were to be performed, and it was for the jury to determine whether he had negligently failed to do so. *Lanning*v. *N.*Y *O. R. R. Go.*49 N. Y. 521; *Plank*v. if. Y. *G. & H. R. R. R. Go.,*1 N. Y. Sup. Ct. 819*Hoffnagle*v. *JJ. T. O. & H. R. R. R. Go.,*id. 346.

*665Exceptions ordered to be heard in the first instance, at the general term after a nonsuit at the circuit.

*W. TP. Gogsivell,*for plaintiff.

*J. G. Goehr am,*for defendant.

Talcott, J.

The opinion merely recites the evidence, and decides the case upon the authority of the cases cited in the head-note.

*New trial ordered.*
# EUR-Lex - 12005SPN07/08 - EN

Important legal notice

*|*

# 12005SPN07/08

**Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union - Annex VII:List referred to in Article 20 of the Protocol: transitional measures, Romania - 8.Energy **

*
Official Journal L 157 , 21/06/2005 P. 0157 - 0157 *

8. ENERGY

31968 L 0414: Council Directive 68/414/EEC of 20 December 1968 imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products (OJ L 308, 23.12.1968, p. 14), as last amended by:

- 31998 L 0093: Council Directive 98/93/EC of 14.12.1998 (OJ L 358, 31.12.1998, p. 100).

By way of derogation from Article 1(1) of Directive 68/414/EEC, the minimum level of stocks of petroleum products shall not apply in Romania until 31 December 2011. Romania shall ensure that its minimum level of stocks of petroleum products corresponds, for each of the categories of petroleum products listed in Article 2, to at least the following number of days' average daily internal consumption as defined in Article 1(1):

- 68,75 days by 1 January 2007;

- 73 days by 31 December 2007;

- 77,25 days by 31 December 2008;

- 81,5 days by 31 December 2009;

- 85,45 days by 31 December 2010;

- 90 days by 31 December 2011.

--------------------------------------------------
§ 297.3 Definitions. *Act* means the Wild and Scenic Rivers Act (82 Stat. 906, as amended; 16 U.S.C. 1271-1288).
*Construction* means any action carried on with Federal assistance affecting the free-flowing characteristics or the scenic or natural values of a Wild and Scenic River or Study River.
*Federal assistance* means any assistance by an authorizing agency including, but not limited to, the following: ( a ) A license, permit, preliminary permit, or other authorization granted by the Federal Energy Regulatory Commission pursuant to sections 4(e) and 4(f) of the Federal Power Act, 16 U.S.C. 797;
( b ) A license, permit, or other authorization granted by the Corps of Engineers, Department of the Army, pursuant to the Rivers and Harbors Act of 1899 (33 U.S.C. 401 *et seq.*), and section 404 of the Clean Water Act (33 U.S.C. 1344); and,
( c ) Any other license, permit, or authorization which may be required by an agency or Department of the Federal Government before, during, or after construction of a water resources project.
*Free-flowing* is defined by section 16(b) of the Act as “existing or flowing in natural condition without impoundment, diversion, straightening, riprapping, or other modification of the waterway” (16 U.S.C. 1287(b)).
*Study period* means the time during which a river is being studied as a potential component of the Wild and Scenic Rivers System and such additional time as provided in section 7(b)(ii) of the Act not to exceed 3 additional years during which a report recommending designation is before the Congress, or such additional time as may be provided by statute.
*Study river* means a river and the adjacent area within one quarter mile of the banks of the river which is designated for study as a potential addition to the National Wild and Scenic Rivers System pursuant to section 5(a) of the Act.
*Water resources project* means any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act (41 Stat. 1063) as amended, or other construction of developments which would affect the free-flowing characteristics of a Wild and Scenic River or Study River.
*Wild and scenic river* means a river and the adjacent area within the boundaries of a component of the National Wild and Scenic Rivers System pursuant to section 3(a) or 2(a)(ii) of the Act.