alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-10739 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GREGORIA RAMIREZ, also known as Ramona Ramirez, also known as Goya, also known as Goyita,
Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:94-CR-301-6-G

-------------------- February 21, 2002

Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM: * Gregoria Ramirez, federal prisoner No. 26528-077, seeks a certificate of appealability (COA) to appeal the district court’s denial of her petition for writ of error coram nobis. The motion for a COA is DENIED AS UNNECESSARY. See United States v. Dyer , 136 F.3d 417, 429 n.32 (5th Cir. 1998). As it is undisputed that Ramirez is still in custody from the conviction she wishes toNo. 01-10739 - 2 - challenge, she is not entitled to coram nobis relief. Jimenez v. Trominski , 91 F.3d 767, 768 (5th Cir. 1996). The appeal is without arguable merit and thus frivolous. Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. See 5 TH C IR . R. 42.2.
Exhibit 10.3


 


PERFORMANCE CONTINGENT RESTRICTED STOCK UNITS – SALES – AWARD NOTICE







«FIRST_NAME» «MIDDLE_NAME». «LAST_NAME»


«HOME_STREET»


«HOME_CITY», «HOME_PROVINCE»«HOME_POSTAL_CODE»







Pursuant to the terms and conditions of the Haverty Furniture Companies, Inc. 2014 Long-Term Incentive Plan (the "Plan"), you have been granted Performance Restricted Stock Units (PRSUs) based on sales.  The general terms of this grant of PRSUs are outlined below.


 


 


Grant Date:                                January 30, 2018



Performance Period:                 January 1 – December 31, 2018


Target Number of PRSUs:      «number_awarded»


Performance Measure:             Total Sales



Vesting Date:                             February 28, 2021


 


 






The actual number of PRSUs that can become vested is based on achieving the level of total sales during the Performance Period as noted below:


 


 



	
 


 


Performance Level*

	 	
Target


% Increase


Total Sales

	 	
Target


Total Sales


($ in millions)

	 	
% Target


Shares


Earned

	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	
Outstanding

	 	
XX%


XX%


XX%


XX%

	 	
> XX%


XX%


XX%


XX%

	 	
XXX


XXX


XXX


XXX

	 	
> XXX


XXX


XXX


XXX

	 	
120%


115%


110%


105%

	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	
Target

	 	
XX%


XX%


XX%


XX%

	 	
XX%


XX%


XX%


XX%

	 	
XXX


XXX


XXX


XXX

	 	
XXX


XXX


XXX


XXX

	 	
100%


85%


70%


55%

	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	
Threshold

	 	
XX%

	 	
XX%

	 	
XXX

	 	
XXX

	 	
40%

	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	
Below Threshold

	 	
< XX%

	 	
< XX%

	 	
<XXX

	 	
< XXX

	 	
0%

	 	 	 





  




Each PRSU is equivalent to one share of common stock upon vesting.







Until vested, the units represented by this award are not entitled to receive cash dividends and do not have the right to vote. This award will vest immediately upon a change in control, death or disability as defined in Section 2 of the Plan.  If you leave Havertys, other than in the case of death, disability or retirement, unvested awards are forfeited.  Except as the Compensation Committee may at any time otherwise provide in their sole discretion or as required to comply with applicable law, units not vested at retirement will vest on the Vesting Date as outlined in the grant agreement.  Retirement shall mean voluntary retirement from Havertys, on or after age 65, upon written notice from you to the Company that you are permanently retiring from the Company and the retail furniture industry.  Please consult the 2014 Long-Term Incentive Plan Prospectus for a complete understanding of Havertys' equity award program.







This is a summary of the award.  The grant agreement and Plan Prospectus are the authoritative source for all questions on awards made under the Plan.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by 9th C i r . R . 36- 3.

T he pa ne l una ni m ous l y c onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T R OB E R T YB AR R A, P e titio n e r- A p p e lla n t, v. D E N N I S S M I T H , W a r de n, F C I - P hoe ni x, R es po nd ent- A pp el l ee . N o. 11- 15874 D. C . No . 2 : 0 9 - c v - 0 1 4 4 7 - DG C ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

A r i z ona D a vi d G . C a m pbe l l , D i s tr i c tJ udge , P r e s i di ng S ubm i tt e d J a nua ry 17, 2012 ** B efo re: L E A V Y , T A L L M A N , an d C A L L A H A N , C i rcu i tJu d g es. R obe rtY ba rr aappe a l s pr o s e f r om the di s tr i c tc our t ’ s de ni a l of hi s m ot i on f o rc o n te m p t a n d f

o rr e c o n s id e r a tio n . W e h a v e ju r is d ic tio n u n d e r2 8 U .S .C . § 1 2 9 1 , a n d w e a f

f i rm. 

# FI LED JAN 19 2 012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS11- 15874 2 Y ba rr ac ont e nds the di s tr i c tc our tabus e d i t s di s c r e t i on by de ny i ng the m o ti o n b ec au se th e B u re au o f P riso n s ( “B O P ”) v io lated th e d istrict co u rt’s D e c e m be r21, 2010, or de rt o s t op c ol l e c t i ng r e s t i tut i on pa y m e nt s thr ough the I n m a te F in a n c ia l R e s p o n s ib ility P r o g r a m ( “I F R P ” ) . W e r e v ie w th e d e n ia l o f am o tio n f

o rc o n te m p t f

o rab u s e o f

d is c r e tio n . B al la v . Ida h o S ta te B d. o f C o rr. , 86 9 F . 2d 46 1, 46 4 (9th C i r. 19 89 ). T he re cord show s thatthe B O P began col l ec t i ng re st i tut i on paym ent s a gai n aft erY barr a v o lu n ta r ily e n te r e d in to ac o n tr a c t a n d a g r e e d to p a r tic ip a te in th e I F R P . A c c or di ngl y , the di s tr i c tc ourtdi d notabus e i t s di s c r e t i on by de ny i ng the m ot i on f o rc o n te m p t. See U

n i ted S ta tes v . L e m oi ne , 546 F . 3d 1042, 1048 ( 9th C i r . 2008) ( “ [ N ] othi ng i n the t e xtof the s t a tut e orourpr i orde c i s i ons pl a c e s a ny l i m i t s on the B O P ’ s opera t i on of an i nd ependentprog ra m , such as the IF R P , thatencourages in m a te s v o lu n ta r ily to m a k e m o r e g e n e r o u s r e s titu tio n p a y m e n ts th a n m a n d a te d in thei r r es pect i ve j ud gm ent s. ”) . AF F I RME D.
EXHIBIT 31.1
                                CERTIFICATION


I, Brian J. Kelley certify that:
1. I have reviewed this quarterly report on Form 10-Q of Cognitronics
Corporation;
2. Based on my knowledge, this quarterly 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 quarterly report;
3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all
material respects the financial condition, results of operations and cash
flows of the registrant as of, and for, the periods presented in this
quarterly report;
4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:
   a) designed such disclosure controls and procedures to ensure
   that material information relating to the registrant,
   including its consolidated subsidiaries, is made known to us
   by others within those entities, particularly during the
   period in which this quarterly report is being prepared;
   b) evaluated the effectiveness of the registrant's disclosure
   controls and procedures as of a date within 90 days prior to
   the filing date of this quarterly report (the "Evaluation
   Date"); and
   c) presented in this quarterly report our conclusions about
   the effectiveness of the disclosure controls and procedures
   based on our evaluation as of the Evaluation Date;
5. The registrant's other certifying officer and I have disclosed, based on
our most recent evaluation, to the registrant's auditors and the audit
committee of registrant's board of directors (or persons performing the
equivalent function):
   a) all significant deficiencies in the design or operation of
   internal controls which could adversely affect the
   registrant's ability to record, process, summarize and report
   financial data and have identified for the registrant's
   auditors any material weaknesses in internal controls; and
   b) any fraud, whether or not material, that involves
   management or other employees who have a significant role in
   the registrant's internal controls; and
6. The registrant's other certifying officer and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal
controls subsequent to the date of our most recent evaluation, including any
corrective actions with regard to significant deficiencies and material
weaknesses.

Date: August 14, 2003



/s/ Brian J. Kelley
Brian J. Kelley
Chief Executive Officer
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1973 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 1973

To require the Secretary of Health and Human Resources to submit to the 
           Congress a report on State child care regulations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2021

  Mrs. Hinson (for herself, Mr. Jacobs of New York, Mr. Stivers, Mr. 
Feenstra, Mr. Armstrong, Mrs. Miller of Illinois, Mr. Norman, and Mrs. 
Miller-Meeks) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
To require the Secretary of Health and Human Resources to submit to the 
           Congress a report on State child care regulations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Care Accessibility Report and 
Evaluation Act of 2021'' or the ``Child CARE Act of 2021''.

SEC. 2. REPORT.

    Not later than 3 years after the date of the enactment of this Act, 
the Secretary of Health and Human Services, acting through the 
Administration for Children and Families, shall submit to the Congress 
a report that contains the following information:
            (1) The list of child care regulations in each State by 
        State.
            (2) Whether each regulation is best described as related 
        to--
                    (A) child safety,
                    (B) quality of child care,
                    (C) both child safety and quality of care, or
                    (D) neither.
            (3) An analysis of any effect of State regulations 
        categorized as ``quality of child care'' regulations on the 
        cost of child care and the supply of child care.
            (4) The average cost of child care in each State.
            (5) The number of child care providers per 100,000 children 
        in each State, disaggregated by type (home-based or center-
        based).
            (6) A ranking of States by the number of quality 
        regulations.

SEC. 3. DEFINITION.

    For purposes of this Act, the term ``State'' means any of the 
several States, the District of Columbia, or Puerto Rico.
                                 <all>
```
Treasury approves Connecticut’s plan to invest $5 million of CPF funding in 

a multi-purpose community facility to improve resources for communities 

that enable work, education, and health monitoring.

Capital Projects Fund Award Fact Sheet

Connecticut

 

▪ Program Summary: $5 million for a Multi-Purpose Community Facility (4% of CPF 

allocation)

▪ Program Description: The construction of the 

Manchester Public Library will provide public Wi-Fi 

and access to computers connected to the internet. 

In addition, the Manchester Public Library will include 

a “Makerspace” to provide community members 

access to creative equipment and technology (e.g. 3D printers, laser cutters) and 

include space dedicated to health equity programming and health care. 

▪ Key State Contact: Office of School Construction Grants and Review 

Connecticut Capital Projects Fund Program Overview

For More Information: 

For Media Inquiries: 

For General Inquiries:

Please visit www.treasury.gov/CPF

Please contact the U.S. Treasury Press Office at (202) 622-2960

Please email CapitalProjectsFund@treasury.gov for additional information

Connecticut estimates 

this project will serve 

over 200,000 visitors 

per year.
[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Notices]
[Page 6012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3143]


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

DEPARTMENT OF JUSTICE
Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Portland Cement Association

    Notice is hereby given that, on January 17, 1997, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), the Portland Cement 
Association (``PCA'') filed written notifications simultaneously with 
the Attorney General and the Federal Trade Commission disclosing a 
change in membership. The notifications were filed for the purpose of 
extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. 
Specifically, RMC Lonestar, Pleasanton, CA has become a member of PCA.
    No other changes have been made in either the membership or planned 
activity of PCA.
    On January 7, 1985, PCA filed its original notification pursuant to 
Section 6(a) of the Act. The Department of Justice published a notice 
in the Federal Register pursuant to Section 6(b) of the Act on February 
5, 1985 (50 FR 5015). The last notification was filed with the 
Department on August 16, 1996. A notice was published in the Federal 
Register on September 12, 1996 (61 FR 48169).
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 97-3143 Filed 2-7-97; 8:45 am]
BILLING CODE 4410-11-M
**EXHIBIT 35.1**

**World Omni Financial Corp.**

**Servicer Compliance Statement**

**Pursuant to Item 1123**

**of Regulation AB**

I, Victor A. De Jesus, do hereby certify that I am the Vice President and Chief Financial Officer of World Omni Financial Corp., a Florida corporation, and further certify on behalf of World Omni Financial Corp. inits capacity as servicer (the “Servicer”) under the Sale and Servicing Agreement, dated as of January 28, 2010 (the “Agreement”), among World Omni Auto Receivables Trust 2010-A, as Issuing Entity, World Omni Auto ReceivablesLLC, as Depositor, and the Servicer, as follows: 

(i)        A review of theactivities of the Servicer during the period covered by the issuing entity’s Annual Report on Form 10-K for the fiscal year ended December 31, 2011 (the “Reporting Period”), and of its performance under the Agreement, has beenmade under my supervision. 

(ii)       To the best of my knowledge, based on thereview described above, the Servicer has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period. 

IN WITNESS WHEREOF, I have hereunto set my hand as of March 15, 2012.
|   | (1) | the Report fully complies with the requirements of § 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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:   May 7, 2010 | By:    | /s/ Charles N. Eldred                                     |
|------------------------------------|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                               |   | Charles N. Eldred                                                                                                                                                                                                                             |
|                               |   | Executive Vice President and                                                                                                                                                                                                                  |
|                               |   | Chief Financial Officer                                                                                                                                                                                                                       |
|                               |   | PNM Resources, Inc.                                                                                                                                                                                                                           |

----
Exhibit 23.02

                   CONSENT OF PETROLEUM ENGINEERING CONSULTANT



        I consent to the use of my report respecting the estimated oil reserve
information as of December 31, 2005, for the Montana and Nevada producing
properties of FX Energy, Inc. (the "Company"), and the discussion of such report
as contained in the Company's annual report on Form 10-K for the year ended
December 31, 2005, and to the incorporation by reference of such report, as it
is referred to in the Company's annual report, into the following registration
statements:

         Form                  SEC File No.              Effective Date
         --------------------- ------------------------- -----------------------

         S-3                   333-80489                 June 30, 1999
         S-3                   333-104792                October 27, 2003
         S-3                   333-110345                November 18, 2003
         S-3                   333-112058                February 11, 2004
         S-8                   333-112717                February 11, 2004


Larry D. Krause

/s/ Larry D. Krause
Billings, Montana
March 10, 2006
SUPPLEMENT TO THE CURRENTLY EFFECTIVE PROSPECTUSES:

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

                       DWS Disciplined Market Neutral Fund
                      DWS Disciplined Long/Short Value Fund
                     DWS Disciplined Long/Short Growth Fund


The following information supplements the disclosure under "The Fund's Main
Investment Strategy" of each Fund's prospectus and shall remain in effect until
the Emergency Order (as defined below) terminates:

The Securities and Exchange Commission (the "SEC") has recently issued an
emergency order that temporarily prohibits any person from effecting short sales
in the publicly traded securities of certain financial firms listed in the
Emergency Order. Effective immediately, the Fund shall be prohibited from
effecting short sales in the publicly traded securities of the financial firms
identified by the SEC in the Emergency Order. The Fund may effect new short
sales in these securities only upon the termination of the Emergency Order,
which is expected to occur at 11:59 p.m. on October 2, 2008.




                                                                     [Logo]DWS
                                                                   INVESTMENTS
                                                           Deutsche Bank Group

September 19, 2008
DMF-3680
Cenospheres Information Brief September 15, 2009

Cenospheres are tiny (10 – 350 μ m in diameter), 1 hollow, lightweight spheres of glass/ceramic material. They are formed in the process of coal combustion when molten ash in the flue solidifies around a bubble of air or other gas, forming a hollow sphere. The amount of cenospheres produced in any particular power plant de pends on the type of plant, the type of coal burned, and the conditions in the boiler. 2 Since they float in water, they are easy to separate from the other components of ash when the ash is submerged in water. 3

Because cenospheres have unique physical properti es, they have many specialty industrial uses, where they are also known as microspheres, hollow spheres, hollow ceramic microspheres, microballoons, or glass beads. 4 They can be used in many applications to replace filler materials, including manufactured glass, calci um carbonate, clays, talc, and other silicas. 5
According to the Tennessee Valley Authorit y, cenospheres harveste d from TVA holding ponds are sold for use in products such as ceramic til e, cements, flooring, epoxy fillers, bowling balls, golfing equipment, flotation devices, and cosmetics. 6 Other uses include pl astics, paints, resins, thermal coatings, mastics, and other construction products. 7 In cement and concrete, they can be used to increase strength and decrease weight and shrinkage, and increase durability and thermal stability.

The American Coal Ash Association (ACAA) , which conducts and annual survey of the generation and use of coal combustion products , began reporting cenos phere sales in 2004. According to that survey, about 5,200 metric tons of cenospheres we re sold in the United States in 2004; 7,042 metric tons were sold in 2005; and 5,000 metric tons were sold in 2006. Since cenospheres are a component of fly ash, the quantity of cenospheres produced is much greater than the quantity sold, but only the amount sold is measured, since otherwise cenospheres are not distinguished from the other por tion of fly ash. Likewise, thos e cenospheres not separated are managed with the remainder of the fl y ash by being recycled or landfilled. 8

1 EPA. “Report to Congress: Study on Increasing the Usage of Recovered Mineral Components in Federally Funded Projects Involving Procurement of Cement or Concrete to Address the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Leg acy for Users.” EPA530-R-08-007. June 3, 2008. Available at: http://www.epa.gov/waste/partnerships/c2p2/pubs/rprt-60308.pdf

. 2 Ibid.

3 TVA. “Cenospheres on the Water Surf ace.” TVA fact sheet. Available at: http://www.lakejuliantrails .org/files/tva-cenosphe re.pdf. Web page accessed September 15, 2009.

4 GR-Duratech. “Cenospheres” GR-Duratec h Texas, Inc. Web site. Available at: http://grduratech.com/special/special.htm . Web page accessed September 15, 2009.

5 EPA 2008, op. cit.

6 TVA, op. cit.

7 GR-Duratech, op. cit.

8 Ibid.