alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-50766

Conference Calendar

 

WILLIAM ALEXANDER DWYER,

Plaintiff-Appellant,

versus

JOSE BACA, Honorable Judge of the

346th Judicial District Court, El Paso,

County, Texas; STEPHEN ENDERS, Director

of the West Texas Community Supervision

and Corrections Department; JOHN CORNYN,

Attorney General of the State of Texas,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-98-CV-501-EP

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

June 15, 2000

Before JOLLY, DAVIS, and DUHÉ, Circuit Judges.

PER CURIAM:*

William Alexander Dwyer appeals from the district court’s

dismissal of his civil rights complaint for failure to state a

claim upon which relief could be granted. Dwyer argues that the

court-ordered conditions of his probation, which included 180

days’ imprisonment, 320 hours of community service, and an order

of restitution in the amount of $9,675, denied him his right to a
No. 99-50766

-2-

jury determination of his sentence and improperly subjected him

to multiple punishments for the same offense. We have reviewed

the record and find no reversible error. See Childress v.

Lynaugh, 842 F.2d 768, 773 (5th Cir. 1988) (no constitutional

right to jury sentencing); United States v. Schinnell, 80 F.3d

1064, 1067-68 n.5 (5th Cir. 1996) (multiple punishments for a

given offense imposed in a single proceeding violate the Double

Jeopardy Clause only if they are not legislatively authorized). 

Accordingly, the judgment of the district court is AFFIRMED. 

AFFIRMED.
#### K. L. ANSON, also known as Kenneth L. Anson, and Anson Homes, Inc., a Florida corporation, Appellants, v. GILMOUR INDUSTRIES, INC., a Florida corporation, Appellee.

No. M-353.

District Court of Appeal of Florida, First District.

May 26, 1970.

Bryant, Freeman, Richardson & Watson, Jacksonville, for appellants.

Barry J. Rovins, Law Offices of Daniel F. Hubsch, Jacksonville, for appellee.

PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and the appellants having failed to demonstrate reversible error, the judgment of the lower court is affirmed. See Betz v. Bank of Miami Beach, 95 So.2d 891 (Fla.1957).

JOHNSON, C. J., and CARROLL, DONALD K., and RAWLS, JJ., concur.
#### DOCTORS HOSPITAL, Appellant, v. William B. KAUFMAN and Barbara Kaufman, his wife, Florida Polo, Inc., et al., Appellees.

No. 77-611.

District Court of Appeal of Florida, Fourth District.

May 16, 1978.

Larry Klein and Cone, Owen, Wagner, Nugent, Johnson & McKeown, West Palm Beach, for appellant.

Bradford Swing of Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami, for appellee-Florida Medical Malpractice Joint Underwriting Association.

Thomas R. Post, Miami, for appellee-Flor-ida Patients’ Compensation Fund.

PER CURIAM.

Upon consideration of the record on appeal and briefs of counsel for the respective parties, we modify the order on appeal by deleting therefrom any reference as to insurance coverage for Doctors Hospital of Lake Worth by Florida Medical Malpractice Joint Underwriting Association. In all other respects the order appealed is affirmed.

Affirmed as modified.

DOWNEY, C. J., and CROSS and MOORE, JJ., concur.
----

**EXHIBIT      32.5**

**CERTIFICATION      PURSUANT TO 18 U.S.C. § 1350, AS ADOPTED PURSUANT TO § 906 OF THE SARBANES-OXLEY      ACT OF 2002**

|   | (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 9, 2006 | By:    | /s/                W. Douglas Hobbs    |
|----------------------------------|--------|----------------------------------------|
|                             |   | W.                Douglas Hobbs        |
|                             |   | President                and           |
|                             |   | Chief                Executive Officer |
Fourth Court of Appeals

San Antonio, Texas

April 27, 2016

No. 04-16-00093-CV

IN THE INTEREST OF K.A.M.,

From the 150th Judicial District Court, Bexar County, Texas

Trial Court No. 2014-PA-01503

Honorable Charles E. Montemayor, Judge Presiding

O R D E R

The appellant’s motion for extension of time to file brief is hereby GRANTED. Time is 

extended to May 16, 2016.

_________________________________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 27th day of April, 2016.

___________________________________

Keith E. Hottle

Clerk of Court
*

 After an examination of the briefs and the record, we have concluded that

oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the

record. See Fed. R. App. P. 34(a)(2).

United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Submitted July 15, 2005*

Decided July 18, 2005

Before

 Hon. JOHN L. COFFEY, Circuit Judge

 Hon. DANIEL A. MANION, Circuit Judge

 Hon. MICHAEL S. KANNE, Circuit Judge

No. 04-2709

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

DENNIS C. EICHELBERGER,

Defendant-Appellant.

Appeal from the United States District

Court for the Northern District of

Illinois, Western Division

No. 03 CR 50048

Philip G. Reinhard,

Judge.

O R D E R

Dennis Eichelberger used the internet to trade images of minors—including

prepubescent children—engaged in sexually explicit conduct. He was indicted for

possessing 242 depictions of child pornography, see 18 U.S.C. § 2252A(a)(5)(B), and

for transporting the images in interstate commerce by computer, see id.

§ 2252A(a)(1). He pleaded guilty to the transportation count after executing a

UNPUBLISHED ORDER

Not to be cited per Circuit Rule 53
No. 04-2709 Page 2

written plea agreement that waived his rights to appeal his conviction or sentence

in exchange for concessions by the government.

Now Eichelberger argues that the district court erred by sentencing him

under the formerly mandatory guidelines regime, see United States v. Booker, 125

S. Ct. 738 (2005), and contends that a limited remand under United States v.

Paladino, 401 F.3d 471 (7th Cir. 2005) is warranted. We cannot reach that issue,

however, because he waived his rights to appeal. Nothing in his plea agreement

provides an “escape hatch” in the event the guidelines were declared illegal, and, as

we recently held, Booker does not invalidate the parties’ bargain where there is no

such express provision. United States v. Bownes, 405 F.3d 634, 636–37 (7th Cir.

2005). Our opinion in United States v. Loutos, 383 F.3d 615 (7th Cir. 2004), which

does not discuss the effect of the appeal waiver in that case, cannot be read as

inconsistent with Bownes. Therefore, this appeal is DISMISSED.
Date: June 24, 2013

Subject: Analysis of Default Biogenic CO2 Fraction for Municipal Solid Waste 

(MSW) 

EPA Contract No. EP-W-11-054; Task Order No. 04

From: RTI International

To: Mike Hannan

U.S. Environmental Protection Agency

Washington, DC 20460 

I. Introduction

Several commenters disagreed with EPA’s recent proposal to reduce the default 

municipal solid waste (MSW) biogenic CO2 fraction to 0.55 and requested that EPA use the

actual MSW fractions reported by all municipal waste combustors (MWCs) for the first three

years of the GHGRP (2010-2012) to determine an appropriate default. EPA performed an 

analysis of all quarterly MSW biogenic CO2 fractions (determined using ASTM D7459-08 and 

ASTM D6866-08) submitted through the GHGRP in reporting years 2010 through 2012.

II. Summary of Analysis and Findings

The initial data set for Subpart C was reviewed to identify all units that combusted MSW

from 2010 to 2012. The quarterly MSW biogenic CO2 fractions were then averaged for each

MWC to determine each unit’s annual average MSW biogenic CO2 fraction. Weighted averages

(based on the reported unit level biogenic CO2 emissions) and straight averages were then

determined for all MWC for each year and for the entire three year period for which data is

available. 

Substitute data was used for units that did not report biogenic fractions (as required by 

rule), but did report emissions from the combustion of MSW. In this event, biogenic fractions 

from the same unit, but a different year were substituted (e.g., Unit A reported biogenic fractions 

for 2012, but not 2011. 2012 fractions were substituted for Unit A in 2011). RY 2012 is the first 

year that reporting of quarterly MSW biogenic CO2 fractions is required. Retroactive submittals 

for RY 2010 and 2011 are also required. Verification of the MSW fraction data is currently ongoing. Table 1 summarizes the results of this analysis.
Table 1 – Summary of Findings from MSW Biogenic CO2 Fraction Analysis

Parameter 2010 2011 2012 2010-2012

Total Units in Analysis 133 139 144 416

Number of Substitute Units 2 5 2 9

Percent Substituted 1.5% 3.6% 1.4% 2.2%

Minimum Biogenic Fraction 0.52 0.38 0.52 0.38

Maximum Biogenic Fraction 0.87 0.79 0.72 0.87

Weighted Average Fraction 0.64 0.62 0.61 0.62

Average Fraction 0.64 0.62 0.61 0.62
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2324 Enrolled Bill (ENR)]

        H.R.2324

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty-two

                                 An Act

 
To designate the facility of the United States Postal Service located at 
  2800 South Adams Street in Tallahassee, Florida, as the ``D. Edwina 
                         Stephens Post Office''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. D. EDWINA STEPHENS POST OFFICE BUILDING.
    (a) Designation.--The facility of the United States Postal Service 
located at 2800 South Adams Street in Tallahassee, Florida, shall be 
known and designated as the ``D. Edwina Stephens Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``D. Edwina 
Stephens Post Office Building''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
#### Eugene Ronald CODY v. WAINWRIGHT.

No. 38113.

Supreme Court of Florida.

April 1969.

Habeas corpus denied without opinion.
Exhibit
      32(b)








This
      Certification is being furnished and shall not be deemed “filed” for purposes of
      Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise
      subject to the liability of that section.  This Certification shall
      not be incorporated by reference into any registration statement or other
      document pursuant to the Securities Act of 1933, except as otherwise stated
      in
      such filing.








Certification
      Pursuant to Section 1350 of Chapter 63


of
      Title
      18 of the United States Code








In
      connection with the Quarterly Report of the Companies (as defined below) on
      Form
      10-Q (the “Reports”) for the quarterly period ended June 30, 2007 as filed with
      the Securities and Exchange Commission on the date hereof, I, Holly Keller
      Koeppel, the chief financial officer of





Columbus
      Southern Power Company





(the
      “Companies”), certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002 that, based on my knowledge (i)
      the Reports fully comply with the requirements of Section 13(a) or 15(d) of
      the
      Securities Exchange Act of 1934 and (ii) the information contained in the
      Reports fairly presents, in all material respects, the financial condition
      and
      results of operations of the Companies.








/s/
      Holly Keller Koeppel


Holly
      Keller Koeppel


Chief
      Financial Officer








August
      3,
      2007








A
      signed
      original of this written statement required by Section 906 has been provided
      to
      American Electric Power Company, Inc. and will be retained by American Electric
      Power Company, Inc. and furnished to the Securities and Exchange Commission
      or
      its staff upon request.
Support Documents for 

Significant New Use Rule (SNUR) on 

Premanufacture Notice (PMN) 

P-08-623 

EPA Docket EPA-HQ-OPPT-2011-0577 

EPA SANITIZED Page 1 of 30
Index

A-001 Structure Activity Team (SAT) Report for 

PMN P-08-623 

A-002 Initial Review Engineering Report for 

PMN P-08-623 

A-003 Initial Review Exposure Report for 

PMN P-08-623 

EPA SANITIZED Page 2 of 30
A-001 

Structure Activity Team (SAT) Report

for PMN P-08-623 

EPA SANITIZED Page 3 of 30
 

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A-002 

Initial Review Engineering Report

for PMN P-08-623 

EPA SANITIZED Page 19 of 30
 

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EPA SANITIZED Page 22 of 30
 

 

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A-003 

Initial Review Exposure Report

for PMN P-08-623 

EPA SANITIZED Page 25 of 30
 

 

 

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EPA SANITIZED Page 30 of 30
#### Trammel MOORE v. Dorothy L. Carter MOORE.

No. 50563.

Supreme Court of Mississippi.

Aug. 23, 1978.

Rehearing Denied Sept. 20, 1978.

Don H. Evans, Jackson, Charles A. Ray, Jr., Hazlehurst, for appellant.

James G. McIntyre, Jackson, for appellee.

Before SMITH, P. J., WALKER and BOWLING, JJ., and W. W. BROWN, Commissioner.

Appeal from Circuit Court, Hinds County; Russel D. Moore, Judge.

AFFIRMED.
Order entered October 1, 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 12
- 01596
- CV STEFFANY JACKSON, Appellant
V. AMERICAN HOME MORTGA GE SERVICING, INC., Appellee On Appeal from the 417th Judicial District Court Collin Coun ty, Texas Trial Court Cause No. 417
- 02539
- 2011 

### O RDER
We GRANT appellee’s September 26, 2013 unopposed second motion for an extension of time to file a brief. Appellee shall file its brief on or before October 21, 2013. We caution appellee that no furth er extension of time will be granted absent extraordinary circumstances.

/s/ DAVID LEWIS JUSTICE
**Exhibit 32.2**

CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of ComputerHorizons Corp. (the “Company”) on Form 10-Q for the quarter ended March 31,2006 (the “Periodic Report”), I, Barbara Moss, Chief Financial Officer of theCompany, does hereby certify pursuant to Section 906 of the Sarbanes-Oxley Actof 2002 (18 U.S.C. Section 1350), that to her knowledge:

1.             thePeriodic Report fully complies with the requirements of Section 13(a) or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. Section 78m or 78o(d)); and

2.             theinformation contained in the Periodic Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.
| Date:  | August 8, 2007 |                                                 | /s/ Barbara Moss |
|--------|----------------|------------------------------------------------------|------------------|
|   |           | BARBARA MOSS                                         |             |   |
|   |           | Chief Financial Officer and Chief Accounting Officer |

 

A signed original of this written statement requiredby Section 906 has been provided to Computer Horizons Corp. and will beretained by Computer Horizons Corp. and furnished to the Securities andExchange Commission or its staff upon request.

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

1

----
#### STATE of Louisiana v. Leroy PAYNE.

No. 53846.

Supreme Court of Louisiana.

Dec. 3, 1973.

Nathan S. Fisher, Williams & Fisher, Baton Rouge, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., LeRoy A. Hartley, Sp. Asst. Atty. Gen., Ossie B. Brown, Dist. Atty., Bob H. Hester, Sp. Prosecutor, to the Dist. Atty., for plaintiff-appellee.

BARHAM, Justice.

This defendant filed an application for a writ of habeas corpus after sentence on a guilty plea and was granted this out of time appeal. A “bill of exceptions” was reserved to adverse rulings to several allegations in that application, but of course that is not before us on this appeal.

The defendant pleaded guilty to the crime of armed robbery and was sentenced to 50 years in prison without benefit of parole, probation, or suspension of sentence.*

*96No bills of exceptions were reserved. An examination of the pleadings and proceedings reveal no reversible error.

The conviction and sentence are affirmed.

*

 The plea resulted from a plea bargain which is spread upon the minutes of court. The State accepted this plea and entered a nolle prosequi of an indictment charging attempted murder. The minutes and a plea examination transcript reflect a complete “Boykinization” of defendant. He was informed of the nature of the charge and the possible consequences of his plea.
[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Notices]
[Pages 63742-63743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31506]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


RTCA, Inc.; Government/Industry Free Flight Steering Committee

    Pursuant to section 10(a)(2) of the Federal Advisory Committee Act 
(Pub. L. 92-463, 5 U.S.C., Appendix 2), notice is hereby given for an 
RTCA Government/Industry Free Flight Steering Committee meeting to be 
held December 17, 1997, from 1:00 p.m. until 5:00 p.m. The meeting will 
be held in Conference Room 8ABC (8th floor) of the Federal Aviation 
Administration,

[[Page 63743]]

800 Independence Avenue, S.W., Washington, DC 20036.
    The agenda will include: (1) Co-chairs' Introductory Remarks; (2) 
Review/Approval of Summary of the Previous Meeting; (3) Review/
Discussion of European Civil Aviation Conference Air Traffic Management 
2000+ Strategy Board Initiative; (4) Overview of the FAA 
Administrator's National Airspace System Modernization Task Force 
Initiative; (5) Free Flight Select Committee Report; (6) Other 
Business--Review Suggested Dates for 1998 Steering Committee Meetings.
    Attendance is open to the interested public but limited to space 
availability. With the approval of the co-chairs, members of the public 
may present oral statements at the meeting. Persons wishing to present 
statements or obtain information should contact the RTCA Secretariat, 
1140 Connecticut Avenue, N.W., Suite 1020, Washington, DC, 20036; (202) 
833-9339 (phone); (202) 833-9434 (fax); or http://www.rtca.org (web 
site). Members of the public may present a written statement to the 
committee at any time.

    Issued in Washington, DC, on November 25, 1997.
Janice L. Peters,
Designated Official.
[FR Doc. 97-31506 Filed 12-1-97; 8:45 am]
BILLING CODE 4910-13-M
|                                      |
|--------------------------------------|
|                                      |  |
| Deutsche Bank Trust Company Americas | BNY Mellon Trust of Delaware |
| As Indenture Trustee                 | As Owner Trustee |
| Attn:  Michelle H.Y. Voon  | Attn:  Kristine Gullo |
| 100 Plaza One 6th Floor         | 301 Bellevue Parkway 3rd Floor |
| Jersey City, NY 07311                | Wilmington, DE 19809 |

|                                                 |
|-------------------------------------------------|
|                                                 |  |
| The Bank of New York Mellon Trust Company, N.A. | Ally Auto Assets LLC |
| Attn:  Robert Castle                  | Ally Financial Inc. |
| 2 North LaSalle Street, Suite 1020              | 200 Renaissance Center |
| Chicago, IL  60602                    | 10th Floor, MC 482-B10-A68 |
|                                            | Detroit, MI |

|        |
|--------|
|        |  |
| Re:    | Ally Auto Receivables Trust 2010-1 |
|   | Annual Statement as to Compliance |

|    |
|----|
|    |  |
| a. | A review of the activities of the Servicer during the period of January 1, 2013 through December 31, 2013, and of its performance under the Pooling and Servicing Agreement and the Trust Sale and Servicing Agreement has been under his supervision, and |

|    |
|----|
|    |  |
| b. | To the best of his knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Pooling and Servicing Agreement and the Trust Sale and Servicing Agreement throughout such period. |

|        |
|--------|
|        |  |  |
|   | Very truly yours, |
|   |   |
|   | /s/ David J. DeBrunner |   |
|   | David J. DeBrunner |
|   | Vice President, Controller and Chief Accounting Officer |
|   | Ally Financial Inc. |