alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion filed August 20, 2009

In The

Eleventh Court of Appeals

____________

No. 11-09-00209-CR

__________

 JOHN LAWRENCE MONK, Appellant

V.

 STATE OF TEXAS, Appellee

On Appeal from the 413th District Court

 Johnson County, Texas

Trial Court Cause No. F37525

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

The trial court convicted John Lawrence Monk, upon his plea of guilty, of aggravated sexual

assault of a child. Pursuant to the plea bargain agreement, the trial court assessed his punishment

at confinement for twenty years. The trial court imposed the sentence in open court on October 11,

2004. Appellant filed his pro se notice of appeal on June 3, 2009, over four years after the sentence

was imposed in open court. We dismiss for want of jurisdiction.

In order to invoke the jurisdiction of this court, an appellant must timely perfect an appeal.

TEX. R. APP. P. 25.2. Appellant has failed to comply with the requirements of TEX. R. APP. P. 26.2
2

and 26.3 for perfecting an appeal. Therefore, this court does not have jurisdiction to entertain this

appeal. Slaton v. State, 981 S.W.2d 208, 209-10 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d

519, 522-24 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108, 109-10 (Tex. Crim. App.

1993); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988).

The appeal is dismissed for want of jurisdiction.

PER CURIAM

August 20, 2009

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.
# C_2016462EN.01000401.xml

| 12.12.2016 | EN | Official Journal of the European Union | C 462/4 |
| --- | --- | --- | --- |

12.12.2016

EN

Official Journal of the European Union

C 462/4

---

Judgment of the Court (Third Chamber) of 12 October 2016 (request for a preliminary ruling from the Vrhovno sodišče — Slovenia) — Marjan Kostanjevec v F&S Leasing GmbH

(Case C-185/15) (1)

1

((Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Article 6(3) - Definition of ‘counterclaim’ - Claim based on unjust enrichment - Payment of a sum due under a decision that has been set aside - Temporal application))

(2016/C 462/05)

Language of the case: Slovene

Referring court

Referring court

Vrhovno sodišče

Parties to the main proceedings

Parties to the main proceedings

Applicant: Marjan Kostanjevec

Applicant:

Defendant: F&S Leasing GmbH

Defendant:

Operative part of the judgment

Operative part of the judgment

Article 6(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that the court designated by that provision as regards counterclaims has jurisdiction to hear a counterclaim seeking the reimbursement on the ground of unjust enrichment of a sum corresponding to the amount agreed in an extrajudicial settlement, where that claim is brought in fresh legal proceedings between the same parties, following the setting aside of the judgment delivered in the original proceedings between them, the enforcement of which gave rise to the extrajudicial settlement.

---

(1)  OJ C 254, 3.8.2015.

1

---
#### Abdisalam Farah ABDI, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 03-71990.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 15, 2005.*

Decided Sept. 21, 2005.

Steve Paek, Law Office of Steve Paek, Los Angeles, CA, for Petitioner.

Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, Ronald E. Lefevre, Chief Legal Officer, Office of the District Counsel Department of Homeland Security, San Francisco, CA, David V. Bernal, Jamie M. Dowd, U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: FARRIS, THOMPSON, and BYBEE, Circuit Judges.

*

This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

The parties are familiar with the facts of this case.

Substantial evidence supports the immigration judge’s finding that Abdi was not a victim of past persecution, and he failed to present substantial evidence of a genuine fear of future persecution. Consequently, he is not eligible for asylum. *See I.N.S. v. Elias-Zacarias,*502 U.S. 478, 482-83, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). Accordingly, he is ineligible for withholding. *Li v. Ashcroft,*356 F.3d 1153, 1157 n. 1 (9th Cir.2004). Abdi does not present arguments in his opening brief supporting his claims under the Convention Against Torture; these claims are therefore waived. *Acosta-Huerta v. Estelle,*7 F.3d 139, 144 (9th Cir.1992).

Abdi also challenges the administrative finding that he was firmly resettled in Djibouti. This finding was supported by substantial evidence, and accordingly this contention fails as well. *See*8 U.S.C. § 1158(b)(2)(vi) (2000); *Cheo v. INS,*162 F.3d 1227, 1229-30 (9th Cir.1998).

The petition is therefore DENIED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
MEMORANDUM 

Subject: Summary of Stakeholder Meetings 

From: Martha Keating 

To: Docket EPA-HQ-OAR-2008-0699 

Date: March 31, 2015 

On February 21, 2015, Megan Brachtl of the Air Quality Policy Division, State and Local 

Programs Group, presented an overview, by teleconference, of the Agency’s November 25, 

2015, proposed revisions to the National Ambient Air Quality Standards for Ozone to the 

National Association of Counties (NACO). 

The presentation used in the teleconference is available here: 

http://www.epa.gov/groundlevelozone/pdfs/2014decwebinar.pdf

The sign-in list of attendees follows.
H. Con. Res. 195 Agreed to September 27, 2008

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

Concurrent Resolution 

Whereas dysphagia, or difficulty with swallowing, is a medical 

dysfunction that affects as many as 15,000,000 Americans; 

Whereas the Centers for Disease Control and Prevention has estimated that 1,000,000 people in the United States annually are 

diagnosed with dysphagia; 

Whereas the Agency for Healthcare Research and Quality has estimated that 60,000 Americans die annually from complications 

associated with dysphagia; 

Whereas based on Centers for Disease Control and Prevention 

mortality data, this is more than the total number of Americans 

dying from all forms of liver disease, kidney disease, and HIV/ 

AIDS combined—and nearly as many as those dying from 

diabetes, the number 6 killer of Americans; 

Whereas the most common complication arising from dysphagia 

is aspiration pneumonia—caused by food or saliva entering the 

windpipe and into the lungs; 

Whereas one in 17 people will develop some form of dysphagia 

in their lifetime, including 50 to 75 percent of stroke patients 

and 60 to 75 percent of patients who undergo radiation therapy 

for head and neck cancer; 

Whereas as many as half of all Americans over 60 will experience 

dysphagia at some point; 

Whereas complications due to dysphagia increase health care costs 

by resultant hospital readmissions, emergency room visits, 

extended hospital stays, the necessity for long-term institutional 

care, and the need for expensive respiratory and nutritional support; 

Whereas the cost of managing a patient with a feeding tube, which 

for many has been the primary treatment option for this condition, is reported to average over $31,000 per patient per year; 

Whereas the total annual cost to Medicare just for enteral feeding 

supplies for outpatients was more than $670,000,000 in 2003, 

nearly 6 percent of the total Medicare budget for that year; 

Whereas including the monies spent in hospitals, the total cost 

of dysphagia to the health care system is well over $1,000,000,000 

annually; 

Whereas the condition of dysphagia is a vastly underreported condition and not widely understood by the general public; and 
H. Con. Res. 195—2 

Whereas observing June 2008 as National Dysphagia Awareness 

Month would raise public awareness about dysphagia and the 

need for early detection and treatment: Now, therefore, be it 

Resolved by the House of Representatives (the Senate concurring), That it is the sense of the Congress that a National Dysphagia 

Awareness Month should be established. 

Attest: 

Clerk of the House of Representatives. 

Attest: 

Secretary of the Senate.
February 1, 2010

MEMORANDUM

TO: Air Docket EPA-HQ-OAR-2005-0161

SUBJECT: Fuel-Specific Lifecycle Greenhouse Gas Emissions Results

This memorandum accompanies spreadsheets containing fuel-specific lifecycle 

greenhouse gas (GHG) emissions results placed on the docket for this rulemaking under 

the same docket number.

The spreadsheets that accompany this memorandum contain results for the renewable 

fuels considered under this rulemaking. Our analysis of fuel-specific lifecycle GHG

emissions utilized several data sources and models, as explained in the preamble and 

Chapter 2 of the Regulatory Impact Assessment (RIA). The spreadsheets that accompany 

this memorandum integrate results from all stages of the fuel lifecycle to calculate fuelspecific lifecycle GHG reductions. The fuel-specific GHG reductions are calculated as

percent emissions reductions compared to a 2005 petroleum baseline.

The docketed spreadsheets use three separate categories of tabs to calculate the lifecycle 

GHG results.

 The Plant Types tab lists the types of fuel production facilities analyzed for each 

of the major renewable fuel types. For example, 34 production facility types were 

analyzed for corn ethanol. This tab shows the energy sources, plant features, and 

fuel production GHG emissions for each plant type analyzed. For more 

information about fuel production GHG emissions estimates refer to RIA Chapter 

2.

 The Results_2022 tab includes the annual emissions, starting in 2022, produced 

during each stage of the fuel lifecycle, including annual GHG emissions from ten 

components of the fuel lifecycle. The reader can change the time horizon and 

discount rate applied to emissions to see how these factors effects the final results. 

Results tabs are also included for the high and low land use change estimates 

based on the uncertainty analysis conducted for this rulemaking. 

 The LUC_2022 tab contains a calculation of indirect international land use 

change emissions produced by renewable fuel production. The crop expansion 

reported in this tab comes from the FAPRI model. 1 The land use change 

emissions factors were calculated using data provided by Winrock International 

Inc.2

 

1 The FAPRI model projections are described in detail in RIA Chapter 2, and detailed result are provided in 

spreadsheets that were docketed separately.

2 The Winrock calculations are discussed in detail in RIA Chapter 2, and spreadsheets with the calculations 

were docketed separately.
Most spreadsheets also include results calculations for the years 2012 and 2017 as well. 

Many of the results spreadsheets include high and low estimates which form a 95% 

confidence interval around EPA’s central estimates. The confidence intervals are based 

on EPA’s quantification of the uncertainty in projected international land use change 

emissions impacts. For the corn ethanol and biodiesel there are separate spreadsheets that 

include results for a high yield sensitivity case. Each spreadsheet also contains a number 

of summary information and charts that are discussed in the RIA Chapter 2. For more 

information see the RIA Chapter 2.
# C_2017063EN.01002601.xml

| 27.2.2017 | EN | Official Journal of the European Union | C 63/26 |
| --- | --- | --- | --- |

27.2.2017

EN

Official Journal of the European Union

C 63/26

---

Judgment of the General Court of 17 January 2017 — Cofely Solelec and Others v Parliament

(Case T-419/15) (1)

1

((Public works contracts - Procurement procedure - Extension and renovation of the Konrad Adenauer building in Luxembourg - Annulment of the procurement procedure - Obligation to state reasons - Market value - Manifest error of assessment))

(2017/C 063/35)

Language of the case: French

Parties

Parties

Applicants: Cofely Solelec (Esch-sur-Alzette, Luxembourg), Mannelli & Associés SA (Bertrange, Luxembourg), Cofely Fabricom (Brussels, Belgium) (represented by: S. Marx, lawyer)

Applicants:

Defendant: European Parliament (represented by: L. Chrétien and M. Mraz, acting as Agents)

Defendant:

Re:

Re:

Application under Article 263 TFEU for the annulment of the decisions contained in the letters with references D(2015)24297 and D(2015).28116 from the European Parliament’s Directorate-General for Infrastructure and Logistics, respectively of 29 May and 11 June 2015, notifying the applicants of the annulment of the procurement procedure INLO-D-UPIL-T-14-A04 for the award of Lot No 75, entitled ‘electricity — power’ for the project to extend and modernise the Konrad Adenauer building in Luxembourg (Luxembourg).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1) | Dismisses the action; |
| --- | --- |

1)

Dismisses the action;

| 2) | Orders Cofely Solelec, Mannelli & Associés SA and Cofely Fabricom to pay the costs. |
| --- | --- |

2)

Orders Cofely Solelec, Mannelli & Associés SA and Cofely Fabricom to pay the costs.

---

(1)  OJ C 337, 12.10.2015.

1

---
(Reap. Dec. 9407)

#### The American International Products Corporation *v.*United States

Entry Nos. 19024; 19643; 19558.

(Decided April 22, 1959)

*,7ohn D. Rode*for the plaintiff.

*George Ooohran Doub,*Assistant Attorney General, for the defendant.

Wilson, Judge:

These appeals for reappraisement have been submitted upon the following stipulation entered into between counsel for the respective parties:

> IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the plaintiff and the Assistant Attorney General for the United States, subject to the approval of the Court, that the merchandise the subject of the above entitled appeals to reappraisement is properly dutiable on the basis of American Selling Price as defined in Section 402(g) Tariff Act of 1930 as amended and that the said American Selling Price was as follows for the export periods indicated.

> Item Export period Price

> Pas Sodium 1958 $1.90 per lb. less *1%*net packed.

> IT IS FURTHER STIPULATED AND AGREED that the appeals be deemed submitted for decision on this stipulation.

*617On the agreed facts, I find American selling price, as that value is defined in section 402(g) of the Tariff Act of 1930, as amended by section 8 of the Customs Administrative Act of 1938, to be the proper basis for the determination of the value of the merchandise herein involved, and that such value in each case at the time of exportation was $1.90 per pound, less 1 per centum, net packed.

Judgment will be rendered accordingly.
|  EXHIBIT 32.2                         |
|--------------------------------------------|
| Union Carbide Corporation and Subsidiaries |
|                                       |

| 1. | the Quarterly Report on Form 10-Q of the Corporation for the quarter ended June 30, 2010 as filed with the Securities and Exchange Commission (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2. | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Corporation. |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ EUDIO GIL                                                 |   |   |
|---------------------------------------------------------------|--------|--------|
| Eudio GilVice President, Treasurer andChief Financial Officer |   |   |
| Date: August 4, 2010                                          |   |   |

----
<PAGE>

                                                                      EXHIBIT 32

    CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
          RELATING TO A PERIODIC REPORT CONTAINING FINANCIAL STATEMENTS

      I, Robert J. Chaney, Chief Executive Officer, and I, John C. Barney, Chief
Financial Officer, of UGI Utilities, Inc., a Pennsylvania corporation (the
"Company"), hereby certify that to our knowledge:

      (1)   The Company's periodic report on Form 10-Q for the period ended June
            30, 2004 (the "Form 10-Q") fully complies with the requirements of
            Section 15(d) of the Securities Exchange Act of 1934, as amended;
            and

      (2)   The information contained in the Form 10-Q fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.

                                      * * *

CHIEF EXECUTIVE OFFICER                                CHIEF FINANCIAL OFFICER

/s/ Robert J. Chaney                                   /s/ John C. Barney
--------------------                                   -------------------------
Robert J. Chaney                                       John C. Barney

Date: August 13, 2004                                  Date: August 13, 2004
No. 56165.

protests 173012-K and 172544-K (New York).

#### H. & P. House Furnishing Co. and Inter Maritime Fwdg. Co., Inc. *v.*United States,

Opinion by

Lawrence, J.

The protests were dismissed.
EXHIBIT 99.2
                                                                    ------------


                         CERTIFICATION UNDER SECTION 906
                                     OF THE
                           SARBANES-OXLEY ACT OF 2002


In connection with the quarterly report on Form 10-Q of Unico American
Corporation (the "Company") for the period ended March 31, 2003, as filed with
the Securities and Exchange Commission as of the date hereof (the "Report"), I,
Lester A. Aaron, Chief Financial Officer of the Company, hereby certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my 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 Company.



                    /s/  Lester A. Aaron
                    --------------------
           Name:    Lester A. Aaron
           Title:   Treasurer and Chief Financial Officer
           Date:    May 14, 2003



This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
Petition for Exemption 333 Danny G. McDonald 1243 McDonald Rd Conehatta, MS 39057

I, Danny McDonald, hereby submit this petition for exemption under Section 333; FAA Modernization and Reform Act of 2012, Public Law 112

- 95 FEB. 14, 2012, Section 333. I request this exemption in order to operate my UAV/UAS, DJI Phantom 3 Pro Aircraft , in order to provide services for profit to include aerial photography, aerial cinematography, aerial filming and photography for farming operations, real estate, and special events to include but not limited to weddings, private or public parties/events, business advertising, promotional events.

Background Information

I own and operate a farm in rural Mississippi and have found the use of aerial filming to be beneficial to my farming operation. I would like to offer this service to my neighbors in the farming business, and other businesses

and individuals in my area that do not have access to this service. I work full

- time as a District Safety Officer for the Mississippi Department of Transportation. I am a certified National Safety Council Instructor f or First Aid and CPR.

Aerial Operations Intention

Provide aerial views of property and farming operations to small operations to improve their ability to manage their resources in a responsible and ef ficient manner. To provide aerial photography and video for business and

historical records for events held in our area. This will offer a service that is not available due to the rural area that

we live in. DJI Phantom 3 Professional UAV will be used (Link to manual attached). All flight operations will be conducted according to the guidelines set forth by the FAA. The UAV/UAS will only be operated within visual line of sight and will not be flown near airports or above 400 feet.

As in Grants of Exemptions Nos. 11062 , 11112 , and 126 45 there is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to fl ammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Thank you for your attention in this matter. Please notify Danny G. McDonald of your actions, and or approvals. Thank you, for your interest in this request.

Sincerely,

Danny G. McDonald

From which the exemption is requested : 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.101 (e) (4), & (5) 14 CFR 61.113 (a) & (b) 14 CFR 61.23 (a) & (c) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a)14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a)

Manual Link:



### https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_M

anua l__V1.6.pdf