alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-23-00887-CR

Damion Bryce PEREZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 379th Judicial District Court, Bexar County, Texas

Trial Court No. 2023CR5703

Honorable Ron Rangel, Judge Presiding

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice

Irene Rios, Justice

Beth Watkins, Justice

Delivered and Filed: December 6, 2023

DISMISSED FOR LACK OF JURISDICTION

On October 3, 2023 appellant filed his notice of appeal stating his intent to appeal a 

sentence imposed on September 11, 2023. A review of the clerk’s record showed it did not include 

any judgment entered on that date. It did, however, include a September 25, 2023 motion to dismiss 

the criminal action, filed by the Bexar County district attorney. The trial court granted the motion 

the same day and dismissed the criminal action. 

As a general rule, a criminal defendant’s right of appeal is limited to an appeal from a final 

judgment of conviction. See TEX. CODE CRIM. PROC. art. 44.02; see also State v. Sellers, 790 
04-23-00887-CR

- 2 -

S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990) (“A defendant’s general right to appeal under [article 

44.02] and its predecessors has always been limited to appeal from a ‘final judgment,’ though the 

statute does not contain this limitation on its face.”). Moreover, “[t]he courts of appeals do not 

have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted 

by law.” Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). And a criminal defendant 

is not permitted to appeal a trial court’s order dismissing a charge against him. See Bohannan v. 

State, 352 S.W.3d 47, 48 (Tex. App.—Fort Worth 2011, pet. ref’d) (dismissing for lack of 

jurisdiction a defendant’s appeal from an order dismissing the criminal charges filed against him).

Because it appeared we do not have jurisdiction to consider this appeal, we ordered 

appellant to show cause no later than November 2, 2023 why this appeal should not be dismissed 

for lack of jurisdiction. We admonished appellant that if he failed to satisfactorily respond to this 

order within the time provided, the appeal would be dismissed. Appellant has not filed a response.

Accordingly, this appeal is dismissed.

PER CURIAM

DO NOT PUBLISH
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6207

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DERRICK R. COOPER, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Falcon B. Hawkins, Chief District Judge. (CR-93-123) Submitted: September 10, 1998 Decided: September 23, 1998 Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Derrick R. Cooper, Appellant Pro Se. Matthew R. Hubbell, Assistant United States Attorney, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Appellant appeals the district court’s order denying Appellant’s motion for a reduction of his sentence under former Fed. R. Crim. P. 35(b). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court concluding that thecourt had not sentenced Appellant relying on material misinformation in the presentence investigation report and that there was no other grounds for reduction of the sentence. United States v. Cooper , No. CR-93-123 (D.S.C. Jan. 23, 1998). Appellant’s motion to expedite this appeal is moot and is denied for that reason. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
I 

117TH CONGRESS 

1ST SESSION H. R. 247 

To provide for no net increase in the total acreage of certain Federal land 

under the jurisdiction of the Bureau of Land Management, the National 

Park Service, the United States Fish and Wildlife Service, or the Forest 

Service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 11, 2021 

Mr. GRIFFITH introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for no net increase in the total acreage of certain 

Federal land under the jurisdiction of the Bureau of 

Land Management, the National Park Service, the 

United States Fish and Wildlife Service, or the Forest 

Service, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Acre In, Acre Out 

5 Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 247 IH

1 SEC. 2. NO NET INCREASE IN CERTAIN FEDERAL LANDS. 

2 (a) IN GENERAL.—For acquisition of land by the 

3 Secretary of the Interior or the Secretary of Agriculture 

4 that would result in a net increase of total land acreage 

5 under the jurisdiction of the National Park Service, the 

6 United States Fish and Wildlife Service, the Bureau of 

7 Land Management, or the Forest Service, the Secretary 

8 concerned shall offer for sale an equal number of acres 

9 of Federal land that is under the same jurisdictional sta10 tus. 

11 (b) EXEMPTIONS.—Subsection (a) shall not apply to 

12 easements acquired— 

13 (1) by the Secretary of the Interior to facilitate 

14 management of Federal lands; or 

15 (2) by the Secretary of Agriculture to facilitate 

16 management of Federal lands. 

17 (c) CONSIDERATION.— 

18 (1) IN GENERAL.—Land sold pursuant to sub19 section (a) shall be offered for sale— 

20 (A) at fair market value (based on local 

21 comparable sales); and 

22 (B) at a price that is reduced by 10 per23 cent each month if the land is not sold or under 

24 contract to be sold by the date that is 6 months 

25 after the land was first offered for sale. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 247 IH

1 (2) EXCEPTION.—Time periods during which 

2 land is under contract for sale or withdrawn from 

3 the market shall not be counted for the purposes of 

4 price reduction under paragraph (1)(B). 

5 (d) EXISTING RIGHTS.—The sale of Federal lands 

6 pursuant to this section shall be subject to valid existing 

7 rights. 

8 (e) PROCEEDS OF SALE OF LANDS.—All net proceeds 

9 from the sale of Federal lands pursuant to this section 

10 shall be deposited directly into the Treasury for reduction 

11 of the public debt. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
I 

117TH CONGRESS 

1ST SESSION H. R. 2591 

To direct the Secretary of Veterans Affairs to ensure that certain medical 

facilities of the Department of Veterans Affairs have physical locations 

for the disposal of controlled substances medications. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2021 

Mrs. MILLER-MEEKS (for herself and Mr. TRONE) introduced the following 

bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To direct the Secretary of Veterans Affairs to ensure that 

certain medical facilities of the Department of Veterans 

Affairs have physical locations for the disposal of controlled substances medications. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Dispose Unused Medi5 cations and Prescription Opioids Act’’ or the ‘‘DUMP 

6 Opioids Act’’. 


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2 

•HR 2591 IH

1 SEC. 2. REQUIREMENT FOR CERTAIN DEPARTMENT OF 

2 VETERANS AFFAIRS MEDICAL FACILITIES TO 

3 HAVE PHYSICAL LOCATION FOR THE DIS4 POSAL OF CONTROLLED SUBSTANCES MEDI5 CATIONS. 

6 (a) IN GENERAL.—The Secretary of Veterans Affairs 

7 shall ensure that each covered Department medical facility 

8 has a physical location where any individual may dispose 

9 of controlled substances medications. 

10 (b) COVERED DEPARTMENT MEDICAL FACILITY DE11 FINED.—In this section, the term ‘‘covered Department 

12 medical facility’’ means a medical facility of the Depart13 ment of Veterans Affairs with an onsite pharmacy or a 

14 physical location dedicated for law enforcement purposes. 

15 (c) EFFECTIVE DATE.—This section shall take effect 

16 on January 1, 2022. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
DANIEL JOHN LEVITAN

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED

CASE NO. 1D 13

- 4060

____ _________________________/

Opinion filed August 14, 2014.

An appeal from the Circuit Court for Escambia County

. W. Joel Boles , Judge

.

Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee , for Appellant.

Pamela Jo Bondi, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

WOLF

, ROWE

, and OSTERHAUS

, J J

. , CONCUR.
#### STATE of Louisiana v. George D. METZLER.

No. 61319.

Supreme Court of Louisiana.

Jan. 5, 1978.

In re: George D. Metzler applying for writs of certiorari, mandamus, prohibition and stay order. St. Bernard Parish.

Writ granted. Trial Judge should have granted recess for the purpose of taking the testimony of four additional witnesses on the motion to suppress. Resumed suppression hearing to be conducted prior to trial.
#### Greg Eugene MILSTID v. STATE of Mississippi.

No. 50640.

Supreme Court of Mississippi.

Aug. 2, 1978.

Rehearing Denied Sept. 13, 1978.

Alfred Lee Felder, Pascagoula, for appellant.

A. F. Summer, Atty. Gen. by Calvin Coolidge Williams, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, C. J., and WALKER and BOWLING, JJ.

AFFIRMED.
J. Turner Whitted

P.O. Box 1515 Pittsboro, NC 27312

turner.whitted@mindspring.com

919.542.0261

Aircraft registration number: N222HM Make: Mooney
Model: M20M
Serial number: 27

- 0183

Regulation from which relief is requested:

14 CFR 91.403 (c) : No person may operate an aircraft for which a manufacturer's maintenance manual or instructions for continued airworthiness has been issued that contains an
airworthiness limitations section unless the mandato ry replacement times, inspection intervals, and related procedures specified in that section or alternative inspection intervals and related procedures set forth in an operations specification approved by the Administrator under part 121 or 135 of this cha pter or in accordance with an inspection program approved under §91.409(e) have been complied with.

Extent of relief:

The extent of requested relief is to allow the check valve manifold assembly (P/N 2H3

- 47 ) to be installed in freshly overhauled conditio n instead of being replaced with an assembly newer than 10 years from date of manufacture as indi cated by the date code stamped i n the part ’s serial
number

.

Chapter 4 of the Mooney M20M Service and Maintenance Manual specifies time limits of Check
Valve M anifolds, Check Valves and Regulator Check Valve Manifolds (Parker P/Ns 2H3

- 39 and

2H3

- 47) of 10 years from date of manufacture. The se assemblie s are not available with a date
of manufacture newer than 10 years. However, the assemblies can be sent for over haul and installed with fresh components with the assembly tested by the overhaul facility.

Public interest :

Since this limitation affects several Mooney models it would provide relief to numerous owners
who are unable to obtain check valve manifold asse mblies that meet the 10 year from date of
manufacture time limit.No adverse safety effect:

Overhaul of the assembly would achieve the equivalent level of safety as a newly manufactured part since all parts that are in question after 10 years, i.e. the rubberized diaphragms, would be replaced at overhaul.

Summary:

This exemption from 14 CFR 91.403(c) would permit check valve manifold assemblies to be replaced with overhauled parts rather than assemblies with a date of manufacture newer than 10 years. Assemblies with date of manufacture newer than 10 years old are no t currently available and overhauled parts will achieve an equivalent level of safety.

Supporting information :

The solution proposed in this petition for exemption was suggested by experienced personnel
of Epps Avia tion, an Authorized Mooney Service Center.
**Exhibit 21.1**

 

Subsidiaries of Appliance Recycling Centers of America, Inc.

 
| **Name**                       | ** ** | **Jurisdiction of    Incorporation** |
|--------------------------------|------------|------------------------------------------------|
| ARCA   California, Inc.   |       | California                                     |
| ARCA   Canada Inc              |       | Ontario, Canada                                |
| ARCA   Advanced Processing LLC |       | Minnesota                                      |

 

ARCA Advanced Processing LLC is a joint venture between the Company and 4301 Operations LLC.  The Company owns a 50% interest in the entity.

 

All other subsidiaries are 100% owned by the Company.

 

----
EXHIBIT 99.1

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

In
connection with the Annual Report of Hugoton Royalty Trust (the "Trust") on Form 10-K for the year ended December 31, 2002 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.

|               |  | Bank of America, N.A.,
Trustee for Hugoton Royalty Trust
|-------------- |  | --------------------------------------------------------
|March 31, 2003 |  | By:                                                     

A
signed original of this written statement required by Section 906 has been provided to the trustee of the Hugoton Royalty Trust and will be retained by the trustee and furnished to the
Securities and Exchange Commission or its staff upon request.

---

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I 

117TH CONGRESS 

1ST SESSION H. R. 2408 

To extend the authorization for Arabia Mountain National Heritage Area. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2021 

Mr. JOHNSON of Georgia introduced the following bill; which was referred to 

the Committee on Natural Resources 

A BILL 

To extend the authorization for Arabia Mountain National 

Heritage Area. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AUTHORIZATION EXTENDED FOR ARABIA 

4 MOUNTAIN NATIONAL HERITAGE AREA. 

5 Section 240 the National Heritage Areas Act of 2006 

6 (Public Law 109–338; 16 U.S.C. 461 note) is amended 

7 by striking ‘‘terminates on’’ and all that follows through 

8 the final period and inserting ‘‘October 12, 2036’’. 

Æ 


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EXHIBIT 11.1
<TABLE>

CPI CORP. COMPUTATION OF EARNINGS PER COMMON SHARE - DILUTED
(in thousands of dollars or shares except per share amounts)
Sixteen-weeks Ended November 14, 1998 and November 8, 1997

<CAPTION>
                                           Sixteen-weeks Ended 
                                          ----------------------
                                           Nov. 14,    Nov. 8,  
                                             1998        1997   
                                          ---------    ---------
<S>                                       <C>          <C>
Diluted:
  Net earnings (loss) applicable to common
    shares                                $  6,051     $   (725)
                                          =========    =========
Shares: 
  Weighted average number of
    common shares outstanding               17,677       17,483 
  Shares issuable under employee
    stock plans - weighted average              41          --* 
  Dilutive effect of exercise of
    certain stock options                      198          --* 
  Less: Treasury stock-weighted average     (7,716)      (5,612)
                                          ---------    ---------
  Weighted average number of common and
    common equivalent shares outstanding    10,200       11,871 
                                          =========    =========
Net earnings (loss) per common and
    common equivalent shares              $   0.59     $  (0.06)
                                          =========    =========

<FN>
* The dilutive effect of 40,290 stock options as well as
  293,563 shares issuable under employee stock plans was not
  considered as the effect is antidilutive.
</FN>
</TABLE>






                              27
U.S. TREASURY DEPARTMENT 

OFFICE OF PUBLIC AFFAIRS

FOR IMMEDIATE RELEASE: August 3, 2015

CONTACT: Rob Runyan, Treasury Public Affairs (202) 622-2960 

TREASURY ANNOUNCES MARKETABLE BORROWING ESTIMATES

View the Sources and Uses Table here.

Washington, D.C. -- The U.S. Department of the Treasury today announced its current estimates of net 

marketable borrowing for the July – September 2015 and October – December 2015 quarters:

• During the July – September 2015 quarter, Treasury expects to issue $127 billion in net marketable 

debt, assuming an end-of-September cash balance of $225 billion. This borrowing estimate is $61 

billion higher than announced in May 2015. The increase in borrowing relates primarily to the 

increase in the end-of-quarter cash balance assumption as well as a modest increase in financing 

needs. 

• During the October – December 2015 quarter, Treasury expects to borrow $270 billion in net 

marketable debt, assuming an end-of-December cash balance of $275 billion. 

During the April – June 2015 quarter, Treasury issued $57 billion in net marketable debt and ended the 

quarter with a cash balance of $254 billion. In May 2015, Treasury estimated $59 billion in net marketable 

debt and assumed an end-of-June cash balance of $260 billion. The modest decrease in borrowing was 

driven by a combination of a lower ending cash balance and a decrease in financing needs. 

Additional financing details relating to Treasury’s Quarterly Refunding will be released at 8:30 a.m. on 

Wednesday, August 5, 2015. 

###

_______________________

[1]
Exhibit 10.8


 


FIRST AMENDMENT TO


LICENSE AND SUPPLY AGREEMENT


 


This First Amendment (the
 "Amendment") to that certain License and Supply Agreement, dated March 10, 2015, (the "Agreement") by
and between JOURNEY MEDICAL CORPORATION, a corporation organized and existing under the laws of Delaware ("Journey")
and BLU CARIBE, INC., a corporation organized and existing under the laws of Puerto Rico ("Blu"), is made effective
as of August 26, 2015 (the "Amendment Effective Date"). Blu and Journey are each referred to individually as a "Party"
and together as the "Parties."


 


NOW THEREFORE, in consideration
of the mutual covenants and agreements contained herein, the sufficiency of which is acknowledged by both Parties, the Parties agree as
follows:


 


		1.	Definitions. Unless otherwise defined in this Amendment, initially capitalized terms used
herein shall have the meanings given to them in the Agreement.



 


		2.	Section 5.1. Section 5.1 of the Agreement is hereby amended to add the following new Section
5.1(c):



 


(c) Upon or following Blu filing with
the FDA a Prior Approval Supplement that (i) is for the 50mg version of the Journey Product and (ii) has been pre-approved in writing
by Blu ("PAS"), Journey will pay to the FDA on behalf of Blu the respective filing fee in the amount of $[***] (the "Filing
Payment"). The Filing Payment will be creditable against Journey Revenue Share payments due to Blu under this Agreement."


 


		3.	No Other Modifications. Except as specifically set forth in this Amendment, the terms and
conditions of the Agreement shall remain in full force and effect. No waiver of the performance of any obligation under this Amendment
shall be effective unless it has been given in writing and signed by the Party giving such waiver. No provision of this Amendment may
be amended or modified other than by a written document signed by authorized representatives of each Party.



 


THIS AMENDMENT AND THE AGREEMENT AS
AMENDED BY THIS AMENDMENT SET FORTH THE ENTIRE AGREEMENT AND UNDERSTANDING OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND
SUPERCEDES ALL PRIOR DISCUSSIONS, AGREEMENTS AND WRITINGS IN RELATION THERETO.


 


		4.	Miscellaneous. This Amendment may be executed in two (2) or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument. This Amendment shall be governed
by and construed in accordance with the laws of the State of Delaware, without reference to any rules of conflict of laws.



 


[SIGNATURE PAGE FOLLOWS]


 






    1


     


    

  


IN WITNESS WHEREOF,
the Parties intending to be bound have caused this Amendment to be executed by their duly authorized representatives.


 


	JOURNEY MEDICAL CORPORATION	 
	 	 
	By:	/s/                               	 
	Name:	 	 
	Title:	 	 
	 	 
	 	 
	BLU CARIBE, INC.	 
	 	 
	By:	/s/ 	 
	Name:	 	 
	Title:	 	 



  






    2
**Exhibit 32.2**

 

**CERTIFICATION PURSUANTTO**

**18 U.S.C.SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

Theundersigned officer of Courier Corporation (the “Company”) hereby certifiesthat the Company’s quarterly report on Form 10-Q for the period ended June 28,2008 to which this certification is attached (the “Report”), as filed with theSecurities and Exchange Commission on the date hereof, fully complies with therequirements of Section 13(a) or 15(d), as applicable, of theSecurities Exchange Act of 1934, as amended, and that the information containedin the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.

 

 
| * August 7, 2008* |       |   | By:                       |  */s/Peter  M. Folger* |
|-----------------------------|------------|--------|---------------------------|-----------------------------|
| Date                        |       |   | Peter M. Folger           |
| ** **                  | ** ** |   | Senior Vice President and |
|                        |       |   | Chief Financial Officer   |

 

 

This certification shall not be deemed “filed” for any purpose, nor shallit be deemed to be incorporated by reference into any filing, under theSecurities Act of 1933 or the Securities Exchange Act of 1934.

 

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