alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
A90A0305.

#### ROLISON v. THE STATE.

(394 SE2d 631)

Pope, Judge.

Defendant Terry Gino Rolison was convicted of distributing cocaine in violation of the Georgia Controlled Substances Act. He appeals from the denial of his motion for new trial. We affirm.

1. Defendant challenges the portion of the trial court’s charge defining the offense of distributing a controlled substance on the ground that the charge as given did not conform to the indictment. The record shows that although the trial court recited portions of the Georgia Controlled Substances Act in defining the offense, the court immediately thereafter instructed the jury that it would be authorized to return a guilty verdict only if it found beyond a reasonable doubt that the defendant “did . . . distribute cocaine, a controlled substance, *as charged in the indictment. . .*.” (Emphasis supplied.)

Following the charge, the defendant objected on the basis that the trial court’s reference to the Code allowed the jury to convict the defendant in a manner other than that alleged in the indictment. Consequently, the trial court instructed the jury to disregard the portion of the definition of the offense taken from the Code and recharged only that portion declaring it to “be unlawful for any person to possess with intent to distribute any controlled substance, except as authorized in this law.” On appeal defendant maintains that this recharge was also at variance with the indictment, inasmuch as the indictment charged that defendant knowingly and with intent did “distribute” a controlled substance, and the court’s charge referred to “possession” with intent to distribute. We find no merit to this contention. “The charge, when considered in its entirety, fairly instructed the jurors that they could convict the defendant only of the offense with which he was charged in the indictment.” *Lumpkin v. State,*249 Ga. 834, 836 (295 SE2d 86) (1982). See also *Williams v. State,*185 Ga. App. 633 (1) (365 SE2d 491) (1988); *Davis v. State,*184 Ga. App. 230 (2) (361 SE2d 229) (1987); *Searcy v. State,*168 Ga. App. 233 (308 SE2d 621) (1) (1983); cf. *Walker v. State,*146 Ga. App. 237 (246 *719SE2d 206) (1978).

Decided May 23, 1990.

*Larsen & Flanders, H. Gibbs Flanders, Jr.,*for appellant.

*Ralph M. Walke, District Attorney, Tyson Blue, Assistant District Attorney,*for appellee.

2. Defendant also contends the evidence was insufficient to convict him, and specifically challenges that portion of the evidence identifying him as the perpetrator of the offense. After careful review of the transcript, we find the evidence, including the testimony of the undercover agent identifying defendant as the person who sold him rock cocaine, was sufficient to enable a rational trier of fact to find defendant guilty of the offense charged beyond a reasonable doubt. See *Gray v. State,*191 Ga. App. 135 (1) (381 SE2d 312) (1989).

*Judgment affirmed.*

*Deen, P. J., concurs. Beasley, J., concurs in judgment only in Division 1.*
[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Pages 17591-17592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6630]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>10821 and <greek-i>10822]


Alabama Disaster Number AL-00007

AGENCY: U.S. Small Business Administration.

[[Page 17592]]


ACTION: Amendment 2.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for the State of Alabama (FEMA-1687-DR), dated 03/03/
2007.
    Incident: Severe Storms and Tornadoes.
    Incident Period: 03/01/2007.

EFFECTIVE DATE: 03/26/2007.
    Physical Loan Application Deadline Date: 05/02/2007.
    EIDL Loan Application Deadline Date: 12/03/2007.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster 
declaration for the State of Alabama, dated 03/03/2007 is hereby 
amended to include the following areas as adversely affected by the 
disaster:

Primary Counties:
    Jefferson
Contiguous Counties:
    Alabama
    Bibb, Blount, Saint Clair, Shelby, Tuscaloosa, Walker

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Herbert L. Mitchell,
Associate Administrator for Disaster Assistance.
[FR Doc. E7-6630 Filed 4-6-07; 8:45 am]
BILLING CODE 8025-01-P
[Federal Register Volume 72, Number 68 (Tuesday, April 10, 2007)]
[Notices]
[Page 17939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6656]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,197]


Ferguson Enterprises; Portland, OR; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on March 27, 2007 in response to a worker 
petition filed by a state agency on behalf of workers at Ferguson 
Enterprises, Portland, Oregon.
    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC this 3rd day of April, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-6656 Filed 4-9-07; 8:45 am]
BILLING CODE 4510-FN-P
EXHIBIT 32.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Maureen Cottrell, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report on Form 10-K of Awareness for Teens, Inc. for the year ended December 31, 2011 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Annual Report on Form 10-K fairly presents in all material respects the financial condition and results of operations of Awareness for Teens, Inc.




Date: March 13, 2012
By:
/s/Maureen CottrellMaureen CottrellPresident, Principal Executive Officer andPrincipal Financial Officer




The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.
# C_2007235EN.01000901.xml

| 6.10.2007 | EN | Official Journal of the European Union | C 235/9 |
| --- | --- | --- | --- |

6.10.2007

EN

Official Journal of the European Union

C 235/9

---

Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 12 July 2007 — Termoraggi SpA v Comune di Monza and Others

(Case C-323/07)

(2007/C 235/14)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Lombardia

Parties to the main proceedings

Applicant: Termoraggi SpA

Applicant:

Defendant: Comune di Monza and Others

Defendant:

Question referred

Is Article 6 of Directive 92/50/EEC (1) of 18 June 1992 to be regarded as applying to the question at issue in the present proceedings, and what interpretation is to be given to that article for the purposes of determining whether the contested measures are compatible with the Community legislation, in the terms stated in the grounds [of the Order]?

1

---

(1)  OJ L 209, 24.7.1992, p. 1.

1

---
Order filed July 2, 2015 

In The

Fourteenth Court of Appeals

____________

NO. 14-15-00417-CV

____________

JENNIFER MITCHELL AND TCSM, LLC, Appellants

V.

TURBINE RESOURCES UNLIMITED, INC. AND TOM GEORGE & 

INTERNATIONAL A., INC., Appellees

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 2004-41286

O R D E R

The notice of appeal in this case was filed May 4, 2015. To date, the filing 

fee of $195.00 has not been paid. No evidence that appellant Jennifer Mitchell has 

established indigence or that appellant TCSM, L.L.C. is excused by statute or the 

Texas Rules of Appellate Procedure from paying costs has been filed. See Tex. R. 

App. P. 5 and Tex. R. App. P. 20.1. Therefore, the court issues the following order. 
Appellants are ordered to pay the filing fee in the amount of $195.00 to the 

clerk of this court on or before July 17, 2015. See Tex. R. App. P. 5. If appellants

fail to timely pay the filing fee in accordance with this order, the appeal will be 

dismissed.

PER CURIAM
Before the Third Division,

May 22, 1958

No. 61987.

#### Joseph H. Brown *v.*United States,

protests 189573-K, etc. (El Paso).

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of meats, prepared or preserved, not specially provided for, similar in all material respects to the meat the subject of *United States*v. *Mercantil Distribuidora, S. A., et al.*(45 C. C. P. A. 20, C. A. D. 667), the claim of the plaintiff was sustained.
Current as of 2/12/13 EPA-420-F-13-011

SmartWay Saves Oil

• Since 2004, SmartWay partners have saved 65 million barrels of oil. This is equivalent to taking 

over 5 million cars off the road for an entire year. 

• Fewer dollars going overseas for foreign oil means more dollars to invest at home; having fewer 

imports also reduces our national trade deficit.

SmartWay Saves Money and Supports US Business Interests

• SmartWay is helping US businesses to slash their fuel costs, saving $8.1 billion dollars to date. 

These savings support America’s trucking industry and the customers they serve. 

• Truck, trailer and equipment suppliers to the US trucking industry also rely upon SmartWay to help 

them demonstrate to customers the benefits of cleaner, more fuel-efficient products. 

SmartWay Protects US Jobs and the Economy

• SmartWay is one of ATA’s six strategies to ensure the long-term sustainability of the US trucking 

industry. According to ATA, 1 out of every 16 people (6.8 million people) working in the US 

private sector is employed in a trucking-related job; trucking annually generates $604 billion in 

gross freight revenues, or about 4 percent of the US Gross Domestic Product.

• A strong trucking industry is essential to our nation’s competiveness and to US jobs. SmartWay 

contributes to the health of this vital sector, protecting US jobs and the economy. 

Thousands of US Businesses and Organizations Need SmartWay • Over 3,000 US corporations including virtually all of the nation’s largest truck carriers, all the class 

1 rail companies, and many of the top Fortune 500 companies rely upon SmartWay’s supply chain 

accounting tools and methods. 

• Small businesses rely upon SmartWay for technical expertise and assistance. SmartWay has 

provided financing to help truck owners, especially small - and medium-sized businesses upgrade 

to cleaner, more efficient trucks.

• The US government, through GSA, is relying upon SmartWay to implement EO 13514, which 

directs the federal government to green its supply chain.

• Environmental, state, and community groups rely upon SmartWay’s clean air achievements 

(28 MMT CO2, 478,000 tons NOx, and 22,000 tons PM reduced so far) helping protect the health 

and well-being of citizens, especially in low-income communities near ports, truck stops, and 

borders.

• The United Nations, the World Bank, the Commission for Environmental Cooperation, as well as 

the governments of China, Mexico and Canada, have projects and programs that rely upon 

SmartWay’s technical assistance, methods and tools. 

• US ports rely on SmartWay’s Port Drayage Truck program to help reduce pollution and address 

environmental justice concerns in and around major US ports.
No. 47467.

#### Protests 53270-K, etc., of Butler Brothers et al. (Baltimore, etc.)

Opinion by

Oliver, P. J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

JOHN A. REED,

Petitioner,

vs. Civil Action 2:11-CV-263

Judge Frost

Magistrate Judge King

WARDEN, CHILLICOTHE CORRECTIONAL

INSTITUTION,

Respondent.

REPORT AND RECOMMENDATION

Petitioner, a state prisoner, has filed a petition for a writ of

habeas corpus under 28 U.S.C. §2254 and asks that he be permitted to

proceed without prepayment of the $5.00 filing fee. Doc. No. 1.

Petitioner’s prisoner account statement indicates that petitioner

has on account to his credit more than $480.00 and that his average

monthly deposits for the past six months exceed $170.00. Under these

circumstances, the Court concludes that petitioner is financially able

to bear the cost of filing this action.

It is therefore RECOMMENDED that petitioner’s motion for leave to

proceed in forma pauperis, Doc. No. 1, be DENIED.

The Clerk of Court is DIRECTED to mail a copy of the petition and

a copy of this Order to the respondent and to the Attorney General of

Ohio, Criminal Justice Section, 150 East Gay Street, 16th Floor,

Columbus, Ohio 43215. 

If any party seeks review by the District Judge of this Report and

Recommendation, that party may, within fourteen (14) days, file and serve

Case: 2:11-cv-00263-GLF-NMK Doc #: 2 Filed: 03/28/11 Page: 1 of 2 PAGEID #: <pageID>
on all parties objections to the Report and Recommendation, specifically

designating this Report and Recommendation, and the part thereof in

question, as well as the basis for objection thereto. 28 U.S.C.

§636(b)(1); F.R. Civ. P. 72(b). Response to objections must be filed

within fourteen (14) days after being served with a copy thereof. F.R.

Civ. P. 72(b). 

The parties are specifically advised that failure to object to

the Report and Recommendation will result in a waiver of the right to de

novo review by the District Judge and of the right to appeal the decision

of the District Court adopting the Report and Recommendation. See Thomas

v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Federation of Teachers,

Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States v. Walters, 

638 F.2d 947 (6th Cir. 1981).

Date: March 28, 2011 s/Norah McCann King 

 Norah McCann King

 United States Magistrate Judge

2

Case: 2:11-cv-00263-GLF-NMK Doc #: 2 Filed: 03/28/11 Page: 2 of 2 PAGEID #: <pageID>
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                    -  United States. Air Force. ThunderbirdsUnited States. Department of the Air Force 
                    -           Subject: Time        
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### MEMORANDUM OPINION
N o. 04

- 09

- 00819

- CR Joe Anthony LOREDO , Appellant

v. The STATE of Texas, Appellee From the County Court at Law No

. 5 , Bexar County, Texas Trial Court No. 227041 Honorable Pat Priest , Judge Presiding Opinion by: Rebecca Simmons, Justice Sitting: Rebecca S immons , Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: November 24, 2010
AFFIRMED A jury found Joe Anthony Loredo guilty of driving while intoxicated, and the trial court suspended Loredo’s sentence and placed him on community supervision. Loredo’s court

appointed attorney filed a brief containing a professional evaluation of the recor d in accordance with Anders v. California , 386 U.S. 738 (1967). Counsel concludes that the appeal has no merit. Counsel provided Loredo with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State , 954 S.W.2d 83, 85

- 86 (Tex. App.

— San04

- 09

- 00819

- CR

- 2

- Antonio 1997, no pet.); Bruns v. State , 924 S.W.2d 176, 177 n.1 (Tex. App.

— San Antonio 1996, no pet.). Loredo did not file a pro se brief. After reviewing the record and counsel’s brief, we agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Appellate counsel’s motion to withdraw is granted. Nichols , 954 S.W.2d at 86; Bruns , 924 S.W.2d at 177 n.1. No substitute counsel will be appointed. Should Loredo wish to se ek further review of this case by the Texas Court of Criminal Appeals, Loredo must either retain an attorney to file a petition for discretionary review or Loredo must file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely motion for rehearing that is overruled by this court. See T EX
. R. A PP
. P . 68.2. Any petition for discretionary review must be filed with this court, after which it w ill be forwarded to the Texas Court of Criminal Appeals. See T EX
. R. A PP
. P . 68.3, 68.7. Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See T EX
. R. A PP
. P . 68.4. Rebecca Simmons, Justice
DO NOT PUBLISH
Exhibit 32

August 14,
2003

Via
EDGAR
Securities and Exchange Commission
Judiciary Plaza
450 Fifth Street, N.W.
Washington, D.C. 20549

|Re: |  | Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
|--- |  | ----------------------------------------------------------------------------------------------------------------------

Ladies
and Gentlemen:

In
connection with the Quarterly Report of TEL Offshore Trust (the "Trust") on Form 10-Q for the three months ended March 31, 2003 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), the undersigned, not in its individual capacity but solely as the trustee of the Trust, certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to its knowledge:

(1)
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

(2)
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.

The
above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Report or as a separate disclosure
document.

| |  | JPMORGAN CHASE BANK,
CORPORATE TRUSTEE FOR TEL OFFSHORE TRUST
| |  | -------------------------------------------------------------
| |  | By:                                                          

---
**Exhibit 32.2**

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

I, Merrill B. Blanksteen, Executive Vice President, Chief Financial Officer and Treasurer hereby certify that NewAlliance Bancshares, Inc.’s quarterly report on Form 10-Q for the quarter ended September 30, 2006 fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 and that the information contained therein fairly presents, in all material respects, the financial condition and results of operations of NewAlliance Bancshares, Inc.

|                   |   | /s/ Merrill B. Blanksteen                 |
|------------------------|--------|-------------------------------------------|
|                   |   |                                           |
|                   |   | Merrill B. Blanksteen                     |
|                   |   | Executive Vice President, Chief Financial |
|                   |   | Officer and Treasurer                     |
|                   |   |                                      |
| Date: November 6, 2006 |   |                                      |
|                   |   |                                      |

The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.

Note: A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to NewAlliance Bancshares, Inc. and will be retained by NewAlliance Bancshares, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Second Amendment to amended and restated 401(k) and Retirement Savings Plan



 Exhibit 10.20 
 SECOND AMENDMENT TO 
 THE ALLIANCE DATA SYSTEMS 401(k) AND RETIREMENT SAVINGS PLAN 
 (amended and restated as of January 1, 2004) 
 ADS Alliance Data Systems, Inc. hereby adopts this Amendment No. 2 to the Alliance Data Systems 401(k) and Retirement Savings Plan, amended and restated as of January 1, 2004 (the “Plan”), effective as of
September 24, 2005. 
  

	 	1.	Appendix A of the Plan shall be amended by adding the following new language at the end thereof: 

  

					
	 Employing Company
	  	 Years of Eligibility
	  	 Years of Vesting

			
	Bigfoot Interactive, Inc. (“Bigfoot”)	  	Date of hire by Bigfoot, but only if employed by the Company as of September 24, 2005.	  	Date of hire by Bigfoot, but only if employed by the Company as of September 24, 2005.

 IN WITNESS WHEREOF, this amendment has been
executed on this 20th day of December, 2005, but effective as provided above. 
  

			
	ADS ALLIANCE DATA SYSTEMS, INC.
		
	By:	 	 /s/ Transient C. Taylor
Case: 2:11-cv-00023-ALM-NMK Doc #: 94 Filed: 08/22/11 Page: 1 of 1  PAGEID #: <pageID>

    -       - Superintendent of Documents
      - 2015-05-11T21:21:41-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
#### Bridget Roach, *Respondent, v.*Johanna Ahern and another, *Appellants.*

— Judgment affirmed, with costs. Opinion by Daniels, J.