alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 907.4 Designation of responsible Corporation official.

The Development Director is the Corporation official responsible for implementation and operation of the Corporation's policies and procedures on environmental quality and control.
Dismissed and M emorandum Opinion filed August 9 , 2016

.

In The 

## Fourteenth Court of Appeals

NO. 14

- 16

- 00561

- CR

ROME BOUGERE , Appellant

V.
THE STATE OF TEXAS , Appellee

On Appeal from the 185th District Court

Harris County, Texas Trial Court Cause No. 1398117

M E M O R A N D U M O P I N I O N

Appellant entered a plea of guilty to attempted burglary of a habitation. On August 23, 2013, i n accordance with the terms of a plea bargain agreement wit h the State, the trial court deferred a finding of guilt, placed appellant on community supervision for four years and assessed a $300 fine. The State subsequently moved to adjudicate appellant’s guilt. Appellant entered a plea of true to the allegations i n the motion. As part of an agreement with the State on punishment, appellant signed a written waiver of his right to appeal. On November 25, 2013, the trial court2

sentenced appellant to confinement for three years in the Institutional Division of
the Texa s Department of Criminal Justice

. Appellant’s notice of appeal was not
filed until July 6, 2016

. A defendant’s notice of appeal must be filed within 30 days after sentence is imposed when the defendant has not filed a motion for new trial. See Tex. R. App.
P. 26.2(a)(1). A notice of appeal that complies with the requirements of Rule 26 is essential to vest the court of appeals with jurisdiction. Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. Under those circumstances it can take no action other than to dismiss the appeal. Id.

M oreover, t he trial court entered a certification of the defendant’s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal. See T ex. R. App. P. 25.2(a)(2). The trial court’s
certification is included in the record on appeal. See T ex. R. App. P. 25.2(d). The record supports th e trial court’s certification. See Dears v. State , 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).
Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Busby, Donovan, and Wise

. Do Not Publish

— Tex. R. App. P. 47.2(b).
**Exhibit 32.1**
CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
**PURSUANT TO 18 U.S.C. SECTION 1350**
In connection with the accompanying Form 10-K of Rural Cellular Corporation forthe year ended December 31, 2003, I, Richard P. Ekstrand, President and ChiefExecutive Officer of Rural Cellular Corporation, hereby certify pursuant to 18U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002that:
 (1) such Form 10-K for the year ended December 31, 2003, fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and  (2) the information contained in such Form 10-K for the yearended December 31, 2003, fairly presents, in all material respects,the financial condition and results of operations of Rural CellularCorporation.        Date: March 5, 2004 /s/ Richard P. Ekstrand   Richard P. Ekstrand   President and Chief Executive Officer
[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Notices]
[Page 60743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8701]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Mental Health; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National 
Institute of Mental Health Special Emphasis Panel, November 16, 2006, 8 
a.m. to 5 p.m., Holiday Inn Georgetown, 2101 Wisconsin Avenue, NW., 
Washington, DC 20007 which was published in the Federal Register on 
September 29, 2006, 71 FR 57553.
    The meeting will be held 10:30 a.m. to 5 p.m., same date and place. 
The meeting is closed to the public.

    Dated: October 5, 2006.
Linda Payne,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 06-8701 Filed 10-13-06; 8:45 am]
BILLING CODE 4140-01-M
----

----

|   | (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/      Paul Roszel                    |
|----------------------|-----------------------------------------|
|                 | Paul      Roszel                        |
|                 | President,      Chief Executive Officer |

----
*This matter is being decided by a quorum. 28 U.S.C. §

46(d).

 

** 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. 98-10535

Conference Calendar

 

DIAMOND WATSON, IV,

Plaintiff-Appellant,

versus

LIEUTENANT MEACHEM; 

SERGEANT WATSON,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 2:97-CV-175

- - - - - - - - - -

February 11, 1999

Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*

PER CURIAM:**

Diamond Watson, IV, Texas prisoner # 658895, appeals the

dismissal of his civil rights suit pursuant to 28 U.S.C. 

§ 1915(e). Having reviewed the record and Watson’s appellate

brief, we AFFIRM, for essentially the reasons set forth by the 
No. 

-2-

 

3 Watson consented to proceed before the magistrate judge

pursuant to 28 U.S.C. § 636(c). 

magistrate judge.3 Watson v. Meachem, No. 2:97-CV-175 (N.D. Tex.

Mar. 12, 1998). 

AFFIRMED.
#### § 504.8 Soliciting, vending, debt collection, and distribution of handbills.

The soliciting of alms and contributions, commercial soliciting and vending of all kinds, the display or distribution of commercial advertising, or the collecting of private debts, in or on the premises is prohibited. This rule does not apply to national or local drives for funds for welfare, health, and other purposes sponsored or approved by the Smithsonian Institution concessions, or personal notices posted by employees on authorized bulletin boards. Distribution of material such as pamphlets, handbills, and flyers is prohibited without prior approval of authorized individuals.
EXHIBIT 31.1 RULE 13a-14(a) CERTIFICATION I,
Jane Morlok, certify that: 1.       I
have reviewed this quarterly report on Form 10-QSB of Breda Telephone Corp.; 2.       Based
on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report; 3.       Based
on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the small business issuer as
of, and for, the periods presented in this report; 4.       The
small business issuers other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have: (a)   Designed
  such disclosure controls and procedures, or caused such disclosure controls
  and procedures to be designed under our supervision, to ensure that material
  information relating to the small business issuer, including its consolidated
  subsidiaries, is made known to us by others within those entities,
  particularly during the period in which this report is being prepared;(b)   Evaluated
  the effectiveness of the small business issuers disclosure controls and
  procedures and presented in this report our conclusions about the
  effectiveness of the disclosure controls and procedures, 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 small business issuers internal control
  over financial reporting that occurred during the small business issuers
  most recent fiscal quarter (the small business issuers fourth fiscal quarter
  in the case of an annual report) that has materially affected, or is
  reasonably likely to materially affect, the small business issuers internal
  control over financial reporting; and 5.       The
small business issuers other certifying officer(s) and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the small business issuers auditors and the audit committee of the small
business issuers board of directors (or persons performing the equivalent
functions): (a)   All
  significant deficiencies and material weaknesses in the design or operation
  of internal control over financial reporting which are reasonably likely to
  adversely affect the small business issuers ability to record, process,
  summarize and report financial information; and(b)   Any
  fraud, whether or not material, that involves management or other employees
  who have a significant role in the small business issuers internal control
  over financial reporting.  Date:
  May 12, 2006.
/s/ Jane
  MorlokJane Morlok,
  Interim Chief Executive Officerand Chief
  Financial Officer E-14
CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I,  Paul  G.  Carter,  certify,  pursuant  to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report  on Form 10-QSB of Custom Branded Networks, Inc. for the quarterly period
ending  March  31, 2004  fully  complies  with the requirements of Section 13(a)
or  15(d)  of  the  Securities  Exchange  Act  of  1934 and that the information
contained in the Quarterly Report on Form 10-QSB fairly presents in all material
respects  the  financial  condition  and results of operations of Custom Branded
Networks,  Inc.

Date:   May 17, 2004

By:   /s/ Paul G. Carter
      ------------------------------------------
      Paul  G.  Carter
      Principal  Executive  Officer
      Principal  Financial  Officer
#### § 294.18 Severability.

In the event that any provision, section, subsection, or phrase of this subpart is determined by a court or body of competent jurisdiction to be invalid, unconstitutional, or unenforceable, the remaining provisions, sections, subsections, or phrases shall remain in full force and effect.
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

      ( print page 60740)    
                    Notice is hereby given of a change in the meeting of the National Cancer Institute Special Emphasis Panel, October 26, 2006, 11 a.m. to October 26, 2006, 3 p.m. NIH Events Management, Executive Plaza, North, 6130 Executive Boulevard, Conference Room C, Rockville, MD 20852 which was published in the                     **Federal Register**                     on September 22, 2006, 71 FR 55498.                

The meeting notice is changed to reflect the name of the committee from “SBIR Topics 210 and 213” to “SBIR Topic 210 Phase II ‘Using Social Marketing to Disseminate Evidence-based Energy Balance Intervention Approaches to Worksites’ ” The meeting is closed to the public.

Dated: October 6, 2006.

Linda Payne,

Acting Director, Office of Federal Advisory Committee Policy.

[FR Doc. 06-8693 Filed 10-13-06; 8:45 am]

BILLING CODE 4140-01-M
#### § 1915.1015 4-Dimethylaminoazobenzene.

Note:

The requirements applicable to shipyard employment under this section are identical to those set forth at [§ 1910.1003 of this chapter](/on/2024-09-23/title-29/section-1910.1003).

[[61 FR 31430](https://www.federalregister.gov/citation/61-FR-31430), June 20, 1996]
# PAC Table 5c

&"Arial,Bold"&10&KFF0000This table was generated on 8/31/23.
Hillsborough,

No. 4880.

#### State *v.*Frank Michael Davis.

Argued October 4, 1960.

Decided October 28, 1960.

*Conrad Danais,*county attorney, *Louis C. Wyman,*Attorney General, and *Irma A. Matthews,*Law Assistant *[Mrs. Matthews*orally), for the State.

*Devine, Millimet & McDonough*and *Bertram C. Branch [Mr. Branch*orally), for the respondent.

Duncan, J.

In the recent case of *State*v. *Ball,*101 N. H. 62, it was held that an indictment charging that an accessory before the fact “did feloniously incite, move, procure and counsel” the principal to commit crime satisfied the constitutional requirement that an offense shall be “fully and plainly, substantially and formally *80described.” Const., Pt. I, *Art.*15th. The respondent seeks to distinguish this holding by pointing out that the offense of the principal which the respondent Ball was charged with having procured was set forth in detail in the indictment so that that respondent was better apprised of the exact nature of the offense charged against him than is this respondent whose offense is alleged to have occurred after and independently of the principal crime.

The fact remains that the indictment in the *Ball*case furnished Ball with no more particulars as to the means by which he was alleged to have incited, moved and procured the crime, than does the pending indictment as to the means by which Davis is claimed to have received, harbored and maintained the alleged murderer.

The charge of receiving, harboring and maintaining is an allegation of fact in language of recognized meaning in customary form. See anno. 130 A. L. R. 150; Justice & Sheriff (1931 *ed.)*398, 399. The authorities uniformly hold it unnecessary “to set forth the means by which . . . the accessory after [the fact] received, concealed or comforted [the principal].” *State*v. *Neddo,*92 Me. 71, 77. See also, *Coffin*v. *United States,*156 U. S. 432; 4 Wharton Crim. Law & Procedure (Anderson *ed.) ss.*1791-1792; anno., 116 A. L. R. 1104.

The case of *State*v. *Gilbert,*89 N. H. 134, relied upon by the respondent, is not controlling. There the respondent was charged with reckless operation of a motor vehicle, with no allegation concerning the conduct which was alleged to have made the operation reckless. The indictment thus stated a mere conclusion that a lawful act had been performed in an unlawful manner. The pending indictment on the other hand charges this respondent with specific acts which if committed were unlawful without regard to the manner in which they were done so long as done with knowledge of the commission of the principal crime. Perkins, Crim. Law 578; Clark and Marshall, Crimes (6th *ed.,*Wingersky Rev.) s. 8.06. No conclusion of law was drawn in the presentment of the grand jury in this case, which thus differs from *State*v. *Gilbert, supra.*

The respondent’s motion was properly denied. *State*v. *Story,*97 N. H. 141, 146; *State*v. *Giles,*81 N. H. 328; *State*v. *Ball, supra.*

*Exception overruled.*

Kenison, C. J., dissented; the others concurred.
EXHIBIT 32.1

                           SECTION 1350 CERTIFICATION

      Pursuant to 18 U.S.C. Section 1350, I, Robert Boeckman, Chief Operations
Officer and Co-Chief Executive Officer of Breda Telephone Corp., certify that to
my knowledge (i) Breda Telephone Corp.'s Quarterly Report on Form 10-QSB for the
quarter ended June 30, 2003 (the "Report") fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of Breda Telephone Corp.

Date: August 12, 2003.

                                       /s/ Robert Boeckman
                                       -----------------------------------------
                                       Robert Boeckman, Chief Operations Officer
                                       and Co-Chief Executive Officer


                                      E-15
EXHIBIT 32.2





CERTIFICATION OF CHIEF FINANCIAL OFFICER


PURSUANT TO 18U.S.C. SECTION 1350





In connection with the Quarterly Report of Ace Marketing & Promotions, Inc. (the “Company”) on Form 10-Q for the period ending September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Sean McDonnell, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act, 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 result of operations of the Company.





/S/ SEAN MCDONNELLSEAN MCDONNELLCHIEF FINANCIAL OFFICERNovember 12, 2010
EXHIBIT 32.1
 
 SECTION 1350 CERTIFICATION
 
 Pursuant to 18 U.S.C. Section 1350, I, Charles Deisbeck, Chief Executive Officer of Breda Telephone Corp., certify that to my knowledge (i) Breda Telephone Corp.'s Quarterly Report on Form 10-Q for the quarter ended June 30, 2010 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Breda Telephone Corp.
 
 Date:  August 10, 2010.
 
 /s/ Charles DeisbeckCharles Deisbeck, Chief Executive Officer
§ 905.735-108 Remedial and disciplinary action. ( a ) In addition to any penalties prescribed by law, the Chairman, after review and consideration of any explanation given by an employee or special Government employee concerning a conflict of interest, may institute appropriate remedial action to resolve or otherwise eliminate the conflict. Appropriate remedial action may include, but is not limited to: ( 1 ) Divestment by the employee or the special Government employee of the conflicting interest;
( 2 ) Disqualification of the individual from a particular assignment;
( 3 ) Changes in the assigned duties of the individual; or
( 4 ) Disciplinary action.
( b ) Where the situation warrants some form of disciplinary action, the Chairman may choose from a wide range including a warning or reprimand, suspension, reduction in grade or pay, or termination of employment. The disciplinary action selected should reflect the character and degree of the offense which demands such action and should be reasonable in light of that offense.
( c ) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with applicable laws, Executive orders, and regulations.
Case 16-82016 Doc 5 Filed 08/24/16 Entered 08/24/16 12:14:03 Desc Main

 Document Page 1 of 1
&ruutr nf tqr luttr~ itatts 

NINETY-FIRST CONGRESS 

F S {Convened January 3, 1969 

IRST ESSION Adjourned December 23, 1969 

S S {Convened January 19, 1970 

ECOND ESSION 

EXECUTIVE CALENDAR 

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

By GERALD A. HACKETT, Executive Clerk 

Monday, March 23, 1970 

PENDING EXECUTIVE BUSINESS 

Calendar No. 21. The nomination of George Harrold Carswell, of Florida, to be an Associate Justice of the 

Supreme Court of the United States. 

NOMINATIONS 

Date or Calendar Message Name or nommee Office Predecessor 

report No. No 

SUPREME COURT OF 

THE UNITED STATES 

1970 

Feb. 27 21 1 George Harrold Carswell, An Associate Justice of Abe Fortas, resigned. 

of Florida. the Supreme Court of [Reported favorably 

the United States by Mr. Eastland, 

from the Committee 

on the Judiciary, 

together with individual views. (See 

Ex. Rept. 91-14, 

91st Cong., 2d 

sess.)] 

[NEW REPORT] 

AGENCY FOR INTERNATIONAL DEVELOPMENT 

Mar. 20 37 35 Robert Harry N ooter, of An Assistant Ad.mirustrator James P. Grant, 

Missouri. of the Agency for Inter- resigned. 

natwnal Development. 

37-022-70-No 154 

U S GOVERNNEliT PRIN'l'ING OFFICE: 1t10
#### § 1202.82 How do I file a Statement of Disagreement?

If you receive a NARA final determination denying your request to amend a record, you may file a Statement of Disagreement with the appropriate system manager. The Statement of Disagreement must include an explanation of why you believe the record to be inaccurate, irrelevant, untimely, or incomplete. The system manager will maintain your Statement of Disagreement in conjunction with the pertinent record. The System Manager will send a copy of the Statement of Disagreement to any person or agency to whom the record has been disclosed, only if the disclosure was subject to the accounting requirements of § 1202.60.