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

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-13-00205-CR 

_________________

IN RE ANDREW PENDLETON

__________________________________________________________________

Original Proceeding 

__________________________________________________________________

MEMORANDUM OPINION

Relator Andrew Pendleton filed a petition for writ of mandamus with this 

Court. In the petition, relator asks this Court to compel the trial court to rule on 

relator’s motion for a speedy trial.

It is the relator’s burden to provide this Court with a record sufficient to 

establish his right to relief. Tex. R. App. P. 52.3(k), 52.7(a); see also generally

State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 (Tex. Crim. App. 1987) (op. on 

reh’g) (“[C]onsideration of a motion properly filed and before the court is 

ministerial.”). The copy of the speedy trial motion relator provided to this Court 

lacks the district clerk’s file mark and does not contain a certificate of service. The 
2

record before this Court is insufficient to establish that the motion was properly 

filed and that the trial court was requested to rule on it. Relator has not 

demonstrated that he is entitled to mandamus relief. See State ex. rel. Hill v. Court 

of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). The 

petition for writ of mandamus is denied.

PETITION DENIED.

PER CURIAM

Opinion Delivered June 26, 2013

Before Gaultney, Kreger, and Horton, JJ.
III

105TH CONGRESS

1ST SESSION S. RES. 131

To express the sense of the Senate regarding the provision of technical

assistance in the restoration of the Basilica of St. Francis of Assisi.

IN THE SENATE OF THE UNITED STATES

OCTOBER 6, 1997

Mr. DOMENICI (for himself, Mr. D’AMATO, Mr. COATS, Mr. MURKOWSKI, Mr.

MACK, Mr. DEWINE, Mr. HELMS, and Mr. LEAHY) submitted the following resolution; which was considered and agreed to

RESOLUTION

To express the sense of the Senate regarding the provision

of technical assistance in the restoration of the Basilica

of St. Francis of Assisi.

Whereas the Basilica of St. Francis of Assisi is one of the

finest examples of Italian Gothic art and architecture;

Whereas the Basilica is a living museum providing a home

for the art of several great masters of the 13th and 14th

centuries, and these art treasures depict scenes from the

Old Testament and New Testament;

Whereas the Basilica housed the most interesting and important pictorial cycle in Franciscan iconography;

Whereas the famous fresco artist, Cimabue, began his work

in the Basilica in 1277, and the works of Cimabue are
2

•SRES 131 IS

seen in the apse and the vault of the Basilica and include

a lovely Madonna with Child;

Whereas Cimabue’s pupil, Giotto painted frescos at the turn

of the 14th century and completed 28 famous and beautiful scenes based on St. Bonaventure’s account of St.

Francis’ major accomplishments during his life. The

frescos depict the life of St. Francis who had the special

gift of understanding and being able to speak to animals;

Whereas other talented artists including Simone Martini and

Pietro Lorenzetti left their artistic mark on the Basilica

during the first half of the 14th century, frescoing the

left side of the transept of the Lower Church;

Whereas the Basilica was severely damaged by twin earthquakes on September 24 and 25, 1997, the extent of

which has been described as more devastating than the

World War II bombings of Padua and Pisa in 1944;

Whereas the famous frescoes painted by Giotto on the side

walls of the Basilica in the early 14th century and depicting scenes from St. Francis’ life are cracked but mostly

intact;

Whereas experts in Italy are already working to restore the

Basilica; and

Whereas the National Gallery in London and the Louvre in

Paris have offered experts free of charge to help in the

restoration of the Basilica: Now, therefore, be it

1 Resolved, That the Smithsonian Institution, the Na2 tional Gallery of Art and any of the other premier art mu3 seums in the United States having pertinent expertise in

4 restoration should provide technical assistance to aid in

5 the restoration of the Basilica of St. Francis of Assisi and
3

•SRES 131 IS

1 the works of art that have been damaged in the earth2 quakes.

Æ
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

)

Plaintiff, ) CR06-157 MJP

)

v. )

) [PROPOSED]

HENRY C. ROSENAU, ) ORDER AUTHORIZING

) WITNESS DEPOSITION

)

Defendant. )

_________________________________)

This matter having come on before the undersigned Court on motion of the

Government for authorization to permit the taking of a witness deposition.

Having considered the files and records herein, and pleadings of the parties, the Court

grants the government’s motion to authorize foreign deposition, and holds that, pursuant to

Federal Rule of Criminal Procedure 15 and in the interest of justice,

the government is authorized to take the deposition of witness Kip John Whelpley in

the above-entitled matter,

that the government will provide reasonable prior notice of the time and place of the

deposition to defense counsel and the Court,

that the government will pay the cost of the deposition including reasonable costs for

travel and expenses for the defendant and his counsel, the witness and his counsel,

the government and defense counsel shall be permitted to conduct examination of the

witness to preserve the testimony for trial,

//

//

ORDER AUTHORIZING

WITNESS DEPOSITION

ROSENAU/CR06-157

UNITED STATES ATTORNEY

601 UNION STREET, SUITE 5100

SEATTLE, WASHINGTON 98101-3903

(206) 553-7970

Case 2:06-cr-00157-MJP Document 27-1 Filed 08/11/11 Page 1 of 2
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

that the deposition shall be taken and filed in the manner provided in Rule 15, provided

that the scope and manner of examination and cross-examination is such as would be allowed

at trial.

SO ORDERED this _____ day of August, 2011.

MARSHA J. PECHMAN

United States District Court Judge

Presented by:

s/ Susan M. Roe

SUSAN M. ROE

Assistant United States Attorney

ORDER AUTHORIZING

WITNESS DEPOSITION

ROSENAU/CR06-157

UNITED STATES ATTORNEY

601 UNION STREET, SUITE 5100

SEATTLE, WASHINGTON 98101-3903

(206) 553-7970

Case 2:06-cr-00157-MJP Document 27-1 Filed 08/11/11 Page 2 of 2
IV

106TH CONGRESS

1ST SESSION H. CON. RES. 208

Expressing the sense of Congress that there should be no increase in Federal

taxes in order to fund additional Government spending.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 26, 1999

Mr. TOOMEY submitted the following concurrent resolution; which was

referred to the Committee on Ways and Means

OCTOBER 26, 1999

The Committee on Ways and Means discharged; considered under suspension

of the rules and agreed to

CONCURRENT RESOLUTION

Expressing the sense of Congress that there should be no

increase in Federal taxes in order to fund additional

Government spending.

Whereas Federal taxes are at their highest peacetime level in

history, taking 20.6 percent of the gross domestic product;

Whereas the typical American family pays 36 percent of its

income in Federal, State, and local taxes—more than it

spends on food, housing, and clothing combined;

Whereas in 1999 governments at all levels will collect

$10,298 for every man, woman, and child in the United

States;
2

•HCON 208 ATH

Whereas since 1989 the Federal per capita tax burden has

increased 27 percent;

Whereas the Congressional Budget Office forecasts that the

productivity of American workers—and controlled Federal spending—will create a non-Social Security surplus

of $996,000,000,000 over the next 10 years;

Whereas the House of Representatives voted on May 26,

1999, to protect Social Security and Medicare by passing

the Social Security lock box by a vote of 416 to 12; and

Whereas Congress must protect Social Security and Medicare

by controlling Federal spending, rather than by increasing taxes on any Americans: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of Congress that there

3 should be no increase in Federal taxes in order to fund

4 additional Government spending.

Æ
**Exhibit 23**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We have issued our reports datedFebruary 23, 2007, accompanying the consolidated financial statements and management’s assessment of the effectiveness of internal control over financial reporting included in the Annual Report of Hercules Offshore, Inc. on Form 10-K forthe year ended December 31, 2006. We hereby consent to the incorporation by reference of said reports in the Registration Statements of Hercules Offshore, Inc. on Forms S-8 (File No. 333-129344 effective October 31, 2005 and FileNo. 333-134135 effective May 15, 2006) and on Form S-3 (File No. 333-138475 effective November 7, 2006). 

/s/ GRANT THORNTON LLP

Houston, Texas 

February 23, 2007
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER – 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v.

MAHAMOUD OMAR JAMA, et al.,

Defendants.

CASE NO. CR06-255JLR

ORDER

This matter comes before the court upon Defendant Abdigafar Hassan’s motion,

on behalf of all Defendants in this matter, to require the government to provide exhibit

and witness lists prior to trial (Dkt. # 204). For the reasons stated below, the court

GRANTS the motion. The parties shall exchange exhibit and witness lists on or before

Tuesday, March 27, 2007.

Trial in this matter is scheduled to begin on April 9 or 10, 2007. The court has

already set a deadline of March 16, 2007 for the government to provide Defendants with

transcripts of wiretap recordings to be introduced at trial (Dkt. # 203). Defendants now

request that the government provide witness and exhibit lists by March 16, 2007. The

government contends that the local rule provides an appropriate deadline for the exchange

of witness and exhibit lists, which is seven days prior to trial. See Local Rules W.D.

Wash. CrR 16(g). 

Case 2:06-cr-00255-JLR Document 235 Filed 03/01/07 Page 1 of 2
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER – 2

This matter involves 18 defendants who are charged with conspiracy to import and

distribute Cathinone in the form of khat. The government claims that there are well over

100 shipments of khat and hours of tapes and video surveillance involved in the alleged

conspiracy. Under the court’s authority to establish pretrial deadlines, the court finds that

a modest adjustment in the pretrial schedule is appropriate in a case of this magnitude. 

The parties shall therefore exchange exhibit and witness lists on or before March 27,

2007. The lists shall include all exhibits and witnesses that a party intends to introduce

or call in its case-in-chief.

Dated this 1st day of March, 2007.

A JAMES L. ROBART

United States District Judge

Case 2:06-cr-00255-JLR Document 235 Filed 03/01/07 Page 2 of 2
AO 450 (Rev. 5/85) Judgment in a Civil Case r

United States District Court

WESTERN DISTRICT OF WASHINGTON

ROSALINDA RAMOS, an individual,

 PLAINTIFF

JUDGMENT IN A CIVIL CASE

v.

TACOMA COMMUNITY COLLEGE,

a municipal corporation in the State

of Washington, 

MARLENE BOSANKO, 

an individual,

 DEFENDANTS CASE NUMBER: C06-5241FDB

_____ Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has

rendered its verdict.

X Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and

a decision has been rendered.

 IT IS ORDERED AND ADJUDGED

Defendant's motion for Summary Judgment is (Dkt. #32) is GRANTED and

this case is DISMISSED in its entirety.

 July 30, 2007 BRUCE RIFKIN 

Clerk

 /s/ Pat Lefrois

_______________________________ Deputy Clerk

Case 3:06-cv-05241-FDB Document 39 Filed 07/30/07 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                       9,461,357
<INT-BEARING-DEPOSITS>                       3,768,680
<FED-FUNDS-SOLD>                            37,700,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 14,428,325
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                     86,166,775
<ALLOWANCE>                                    905,000
<TOTAL-ASSETS>                             159,121,175
<DEPOSITS>                                 122,613,495
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                          1,099,385
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    26,866,516
<OTHER-SE>                                           0
<TOTAL-LIABILITIES-AND-EQUITY>             159,121,175
<INTEREST-LOAN>                              2,258,024
<INTEREST-INVEST>                              199,610
<INTEREST-OTHER>                               517,895
<INTEREST-TOTAL>                             2,975,529
<INTEREST-DEPOSIT>                             885,583
<INTEREST-EXPENSE>                             885,891
<INTEREST-INCOME-NET>                        2,089,638
<LOAN-LOSSES>                                  209,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              2,463,248
<INCOME-PRETAX>                              (464,035)
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                    (386,228)
<NET-INCOME>                                 (561,981)
<EPS-PRIMARY>                                   (0.15)
<EPS-DILUTED>                                   (0.15)
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                     0
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                    0
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
### IN THE UN I T ED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 40024 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. GERARDO MONTES

- BARRIENTOS, also known as Gerardo Montes , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:17

- CR

- 513

- 1

Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges. PER CURIAM: * Gerardo Montes

- Barrietos appeals the sentence imposed following his guilty plea conviction for illegal reentry , arguing that the district court erred in sentencing him under 8 U.S.C. § 1326(b)(2) because he does not have a prior conviction for an aggravated felony. H e asserts that in view of Esquivel

Quintana v. Sessions , 137 S. Ct. 1562, 1569 (2017), his prior New Jersey conviction for endangering the welfare of a child does not qualify as sexual

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set f orth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 9, 2018 Lyle W. Cayce Clerk Case: 18-40024 Document: 00514718907 Page: 1 Date Filed: 11/09/2018No. 18

- 40024

2 abuse of a minor because it does not require cont act with the minor

. As Montes

- Barrientos concedes, he did not raise this argument in the district court and, therefore, review is limited to plain error. See Puckett v. United States , 556 U.S. 129, 135 (2009)

. We have previously held that the generic definition of sexual abuse of a minor does not require physical c ontact as psychological harm may nevertheless occur

. See Contreras v. Holder , 754 F.3d 286, 294 (5th Cir. 2014). In Shroff v. Sessions , 890 F.3d 542, 545 (5th Cir. 2018) , w e stated that Esquivel

- Quintana did not abrogate that precedent because the Court focused on the age requirement and made no express holding about whether contact was required

. Montes

- Barrientos contends that the statement in Shroff was dicta. It was not as it was indirect response to the defendant’s argument in that case that contact was an element

. Moreover, even assuming arguendo that there w as error, the error would not be plain. See Puckett , 556 U.S. at 135 ; see also United States v

. Rodriguez

- Parr a , 581 F.3d 227, 230 (5th Cir. 2009)

. AFFIRMED. Case: 18-40024 Document: 00514718907 Page: 2 Date Filed: 11/09/2018
Electronically Filed 

Supreme Court 

SCWC-15-0000402 

01-SEP-2016 

10:05 AM 

SCWC-15-0000402
 

IN THE SUPREME COURT OF THE STATE OF HAWAI'I 

STATE OF HAWAI'I, Respondent/Plaintiff-Appellee,
 

vs.
 

RACHEL VIAMOANA UI, Petitioner/Defendant-Appellant.
 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
 

(CAAP-15-0000402; CASE NO. 3DTA-11-02996)
 

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI
 

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
 

Petitioner/Defendant-Appellant Rachel Viamoana Ui’s
 

application for writ of certiorari filed on July 20, 2016, is
 

hereby accepted. 


IT IS FURTHER ORDERED that no oral argument will be 

held, subject to further order of this court. Any party may, 

within ten days and pursuant to Rule 34(c) of the Hawai'i Rules 

of Appellate Procedure, move for retention of oral argument. 

DATED: Honolulu, Hawai'i, September 1, 2016. 

/s/ Mark E. Recktenwald
 

/s/ Paula A. Nakayama
 

/s/ Sabrina S. McKenna
 

/s/ Richard W. Pollack
 

/s/ Michael D. Wilson
No. 52762.

#### Kaufmann Dept. Stores, Inc., et al. v. United States,

protests 6105-K, etc. (Pittsburgh, etc.).

Opinion by

Oliver, C. J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
# Official Journal C 276/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.276.eng |
| --- | --- |
| Official Journal
  of the European Union | C 276 |
| | |
| English edition | Information and Notices | Volume 5513 September 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.276.eng

Official Journal

of the European Union

C 276

English edition

Information and Notices

Volume 5513 September 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 276/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (1) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 276/01

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (1)

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 276/02 | Euro exchange rates | 5 |
| | NOTICES FROM MEMBER STATES |
| 2012/C 276/03 | Information communicated by Member States regarding closure of fisheries | 6 |
| 2012/C 276/04 | Information communicated by Member States regarding closure of fisheries | 7 |
| 2012/C 276/05 | Information communicated by Member States regarding closure of fisheries | 8 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 276/02

Euro exchange rates

5

NOTICES FROM MEMBER STATES

2012/C 276/03

Information communicated by Member States regarding closure of fisheries

6

2012/C 276/04

Information communicated by Member States regarding closure of fisheries

7

2012/C 276/05

Information communicated by Member States regarding closure of fisheries

8

---

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2012/C 276/06 | Call for proposals under the work programme of the 7th EC framework programme for research, technological development and demonstration activities | 9 |
| | European Personnel Selection Office (EPSO) |
| 2012/C 276/07 | Notice of open competitions | 10 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2012/C 276/06

Call for proposals under the work programme of the 7th EC framework programme for research, technological development and demonstration activities

9

European Personnel Selection Office (EPSO)

2012/C 276/07

Notice of open competitions

10

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance, except for products falling under Annex I to the Treaty |

---

(1)   Text with EEA relevance, except for products falling under Annex I to the Treaty

1

| EN | |
| --- | --- |

EN
**AD Economic Evaluation**

Docket No . FAA - 2013 - 0522 Directorate ID : 2013 - SW - 018 - AD Helicopter Model: Eurocopter France Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355 F2, AS355N, and AS355NP Helicopters Number of Helicopters (U.S. Operators): 937 Helicopters in the US Registry . **Reason :**  The actions of this AD are intended to prevent increased pilot workload due to jamming of the hydraulic flight controls, and subsequent possible loss of helicopter control. Costs : At an average labor rate of $85 per work - hour: Determining whether the identification plate is marked with a “B” requires 1 work - hour and no parts. L abor costs total $85 per helicopter. In specting the servo - control’s bearing to determine if it is non - conforming requires 3 work - hours and no parts. L abor costs total $255 per helicopter. Replacing the servo - control with an airworthy servo - control requires 3 or 5 work hours, depending on what servo - control is bei ng replaced. Parts cost $10,461 or $10,561, also depending on the servo - control being replaced. Labor costs are $255 or $425 for total perhelicopter cost of $10,716 or $10,986. Executive Order 12866 : Could the AD be considered a “significant regulatory action?” Yes ( ) No (  ) DOT Regulatory

Policies and Procedures : Is the AD significant? Yes ( ) Explain Below No (  ) Regulatory

Flexibility

Act : Will the AD have a significant economic impact on a substantial number of small entities? Yes ( ) No (  ) Project Engineer : Michael Hemann
No. 54432.

#### McKesson & Robbins, Inc. *v.*United States,

protest 156934-K (New York).

Opinion by

Johnson, J.

At the trial it was stipulated that the merchandise, issues, and facts herein are similar in all material respects to those involved in *United States*v. *Browne Vintners & Co., Inc.*(34 C. C. P. A. 112, C. A. D. 351) and that the quantities reported by the inspector as manifested, not found, were not in fact received by the importer. In accordance with stipulation of counsel and following the decision cited it was held that the merchandise, insofar as it involves the quantities reported by the inspector as manifested, not found, is subject to an allowance in duties. The protest was sustained to this extent.