alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals **for the Fifth Circuit**

No. 19-20846 Conference Calendar

United States of America,

Plaintiff—Appellee ,

versus
Kevin Raheem Penn,

Defendant—Appellant

.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-377-1

Before Smith, Stewart, and Higginson, Circuit Judges

. Per Curiam: * The attorney appointed to repr esent Kevin Raheem Penn has moved for leave to withdraw and has file d a brief and supplemental brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Pe nn has filed responses. We have

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 18, 2021 Lyle W. Cayce Clerk Case: 19-20846 Document: 00515905890 Page: 1 Date Filed: 06/18/2021No. 19-20846

2 reviewed counsel’s briefs and the rele vant parts of the record reflected therein, as well as Penn’s responses. We concur with counsel’s assessment that the appeal presents no nonfri volous issue for appellate review. Accordingly, Penn’s motions to appoint new counsel and to hold the case in abeyance are both DENIED ; counsel’s motion for leave to withdraw is GRANTED; counsel is excused from further responsibilities herein; and the appeal is DISMISSED

. See 5th Cir. R. 42.2. Case: 19-20846 Document: 00515905890 Page: 2 Date Filed: 06/18/2021
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-93,473-01

EX PARTE JOHN DAVID ODEN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 99CR14978A IN THE 123RD DISTRICT COURT

FROM SHELBY COUNTY

Per curiam. KEEL and WALKER, JJ., dissented.

O R D E R

Applicant was charged with capital murder, but pleaded guilty to murder in exchange for a

sentence of life imprisonment. He did not appeal his conviction. Applicant filed this application

for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this

Court. See TEX. CODE CRIM. PROC. art. 11.07.

The trial court conducted a live habeas hearing, after which that court made findings of fact

and conclusions of law recommending that relief be granted. However, this Court finds that the

record does not support the trial court’s recommendation to grant relief. Based on this Court’s

independent review of the entire record, relief is denied. 
2

Filed: May 04, 2022

Do not publish
<PAGE>

                                  EXHIBIT 21

                             LIST OF SUBSIDIARIES


All of the entities listed below are wholly owned subsidiaries of K-Swiss Inc.

1.    K-Swiss Pacific Inc., a Massachusetts corporation.

2.    K-Swiss International Ltd., a corporation organized under the laws of
      Bermuda.

3.    K-Swiss (UK) Ltd., a United Kingdom corporation.

4.    K-Swiss Amsterdam B.V., a Dutch corporation.

5.    K-Swiss S.A. de C.V., a Mexico corporation.

6.    K-Swiss Australia Pty. Ltd., an Australia corporation.

7.    K-Swiss International Services (BAARN) B.V., a Dutch corporation.

8.    K-Swiss Direct Inc., a California corporation.

9.    K-Swiss Sales Corp., a Delaware corporation.

10.   K-Swiss NS Inc., a Delaware corporation.

11.   K-Swiss Canada Corp., a Nova Scotia company.

12.   1166789 Ontario Inc., an Ontario, Canada corporation.

                                      48
#### James H. POPE, Appellant, v. MERCURY MOTORS EXPRESS, INC., a Florida corporation, and Transit Casualty Co., a foreign corporation, Appellee.

No. 72-425.

District Court of Appeal of Florida, Fourth District.

Oct. 11, 1972.

Appeal from Circuit Court, Brevard County; Roger F. Dykes, Judge.

Appeal dismissed.
#### In re ESTATE of Clarence E. GEEDING, Jr., Deceased. Lera Vida BRADLEY, Appellant, v. Leonard HAIMES, Appellee.

No. 73-515.

District Court of Appeal of Florida, Third District.

Feb. 14, 1974.

PER CURIAM.

Appeal dismissed.
#### Ellis Henry WINDSOR, a/k/a Elexis Henry Windsor, a/k/a Shorty Long, Appellant, v. The STATE of Florida, Appellee.

No. 72-773.

District Court of Appeal of Florida, Third District.

Nov. 17, 1972.

PER CURIAM.

Appeal dismissed.
United States Court of Appeals

For the First Circuit

No. 08-2177

UNITED STATES OF AMERICA,

Appellee,

v.

JULIO CARTAGENA,

Defendant, Appellant.

ERRATA SHEET

The opinion of this Court issued on January 29, 2010 is

amended as follows:

On p. 7, line 23: Replace "three consecutive 150 month terms"

with "three concurrent 150 month terms".

On p. 13, n. 4, line 1: Replace "Although we agree with the

district court's decision to suppress" with "Although we agree with

the district court's decision not to suppress".
EXHIBIT 23.1

CONSENT  OF  INDEPENDENT  AUDITORS

We  consent  to  the incorporation by reference in Isle of Capri Casinos, Inc.'s
previously  filed  Registration  Statements  on  Form  S-8  (File Nos. 33-61752,
33-80918,  33-86940,  33-93088,  333-77233,  333-50774, 333-50776), Registration
Statement  on  Form  S-4 (File No. 333-88802) and Registration Statement on Form
S-3  (File  No.  333-89156)  of  our  report dated June 7, 2002, included in the
Annual  Report  (Form  10-K)  of Isle of Capri Casinos, Inc. for the fiscal year
ended  April 28, 2002, with respect to the consolidated financial statements, as
amended, included in this Form 10-K/A.

/s/ Ernst & Young New Orleans, Louisiana
December  17,  2002
Dismissed and Opinion Filed January 16, 2018.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-17-01097-CV

IN THE INTEREST OF G.E. AND S.E., CHILDREN

On Appeal from the 254th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-11-15472

MEMORANDUM OPINION

Before Justices Lang, Brown, and Whitehill

Opinion by Justice Lang

Appellant’s brief in this case is overdue. By postcard dated December 5, 2017, we 

notified appellant the time for filing her brief had expired. We directed appellant to file both her 

brief and an extension motion within ten days. We cautioned appellant that failure to file her 

brief and extension motion would result in the dismissal of this appeal without further notice. To 

date, appellant has not filed her brief, an extension motion, or otherwise corresponded with the 

Court regarding the status of her brief.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b),(c). 

171097F.P05

/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE
–2–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

IN THE INTEREST OF G.E. AND S.E., 

CHILDREN

No. 05-17-01097-CV 

On Appeal from the 254th Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. DF-11-15472.

Opinion delivered by Justice Lang. Justices 

Brown and Whitehill participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered this 16th day of January, 2018.
Exhibit 10.26 - Third Amendment to the Standard Register Company Employee Savings Plan - 12/29/2013






Exhibit 10.26


THE STANDARD REGISTER EMPLOYEE SAVINGS PLAN 
AMENDMENT NO. 3
Preamble


		
	1.
	Adoption and effective date of amendment. This amendment of the plan is adopted to reflect certain changes in the plan effective July 31, 2013.




		
	2.
	Supersession of inconsistent provisions. This amendment shall supersede the provisions of the plan to the extent those provisions ·are inconsistent with the provisions of this amendment.












1.    Section 2.07 of the Plan shall be amended by adding the following language at the end of the section:


“Notwithstanding the foregoing or any contrary provision of this Plan, employees of entities that are acquired by the Employer will not be eligible to participate in the Plan during any period in which they are active participants (including eligibility to make an elective deferral election under a cash or deferred arrangement) in a plan qualified under section 401(a) of the Code which is maintained by the acquired employer.”






		
	IN WITNESS WHEREOF,  an authorized officer of the Employer has hereto affixed his signature  signifying
	acceptance of    this Amendment No. 3 on this 22nd day of November, 2013.    










    
	
	
	THE STANDARD REGISTER COMPANY        

	 

	By:  /S/  JOSEPH P. MORGAN, JR.

	Joseph P. Morgan, Jr

	President, Chief Executive Officer and Director
<PAGE>
                                                                      EXHIBIT 21

                         SUBSIDIARIES OF THE REGISTRANT


1.   Swift Transportation Co., Inc., an Arizona corporation

2.   Swift Leasing Co., Inc., an Arizona corporation

3.   Common Market Distributing Co., Inc., an Arizona corporation

4.   Sparks Finance Co., Inc., a Nevada corporation

5.   Cooper Motor Lines, Inc., a South Carolina corporation

6.   Common Market Equipment Co., Inc., an Arizona corporation

7.   Swift Transportation Co. of Virginia, Inc., a Virginia corporation

8.   Swift of Texas Co., Inc., a Texas corporation

9.   Swift Logistics Co., Inc., an Arizona corporation

10.  Swift Transportation Corporation, a Nevada corporation

11.  Swift Receivables Corporation, a Delaware corporation

12.  Sun Merger, Inc., a Tennessee corporation

13.  M.S. Carriers, Inc., a Tennessee corporation

14.  M.S. Carriers Warehousing & Distribution, Inc., a Tennessee corporation

15.  M.S. Carriers Logistics de Mexico, S.A. de C.V., a Mexico corporation

16.  M.S. Air, Inc., a Tennessee corporation

17.  M.S. Global, Inc., a Nevada corporation

18.  M.S. International, Inc., a Nevada corporation
This opinion is subject to administrative correction before final disposition.

Before FULTON, 1 HITESMAN, and KOVAC , Appellate Military Judges

_________________________ 

### UNITED STATES Appellee

v.
Nicholas J. M C 

### ELROY Cryptologic Technician Interpretive Petty Officer Second Class (E

- 5), U.S. Navy Appellant
No. 201900106

Decided: 29 Au gust 2019

. Appeal from the United States Navy

- Marine Corps Trial Judiciary

. Military Judge : Lieutenant Colonel Wilbur Lee, USMC . Sentence adjudged 28 February 2019 by a general court

- martial convened at Joint Base Pearl Harbor

- Hickam, Hawaii, consisting of a military judge sitting alone . Sentence approved by the convening authority: reduction to E

- 1 , confinement for 75 days , 2 and a bad

- conduct discharge

. For Appellant: Captain Scott F. Hallauer , JAGC, USN. For Appellee: Brian K. Keller, Esq.

_______________ __________ This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2 (a)

.

1 Except for administrative processing, t his decision was finalized before Senior Judge Fulton detached from the Court.

2 The Convening Authority susp ended confinement in excess of 56 days pursuant to a pretrial agreement.United States v. McElroy , No. 201 900106

2 _________________________
PER CURIAM : After careful consideration of the record, submitted without assignment of error, we have determined that the approved findings and sentence are correct in law and fact and that no error materially prejudicial to the a ppellant’s substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. T he findings and sentence as approved by the convening aut hority are AFFIRMED

.
FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE WET
SEAL, INC. CONSOLIDATED BALANCE SHEETS AND STATEMENTS OF INCOME AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          FEB-03-2001
<PERIOD-START>                             JAN-31-1999
<PERIOD-END>                               JAN-29-2000
<CASH>                                      44,921,000
<SECURITIES>                                33,682,000
<RECEIVABLES>                                3,909,000
<ALLOWANCES>                                         0
<INVENTORY>                                 33,288,000
<CURRENT-ASSETS>                           110,073,000
<PP&E>                                     150,111,000
<DEPRECIATION>                              73,167,000
<TOTAL-ASSETS>                             213,009,000
<CURRENT-LIABILITIES>                       62,366,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,381,000
<OTHER-SE>                                 136,852,000
<TOTAL-LIABILITY-AND-EQUITY>               213,009,000
<SALES>                                    524,407,000
<TOTAL-REVENUES>                           524,407,000
<CGS>                                      380,012,000
<TOTAL-COSTS>                              124,712,000
<OTHER-EXPENSES>                           (1,154,000)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                         (3,005,000)
<INCOME-PRETAX>                             23,842,000
<INCOME-TAX>                                 9,659,000
<INCOME-CONTINUING>                         14,183,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                14,183,000
<EPS-BASIC>                                       1.14
<EPS-DILUTED>                                     1.14


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          AUG-31-1997
<PERIOD-START>                             SEP-01-1996
<PERIOD-END>                               JUN-01-1997
<CASH>                                             778
<SECURITIES>                                         0
<RECEIVABLES>                                   58,222
<ALLOWANCES>                                       273
<INVENTORY>                                     52,541
<CURRENT-ASSETS>                               122,962
<PP&E>                                         270,353
<DEPRECIATION>                                 118,541
<TOTAL-ASSETS>                                 295,403
<CURRENT-LIABILITIES>                           67,014
<BONDS>                                         72,483
<COMMON>                                         8,682
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     135,600
<TOTAL-LIABILITY-AND-EQUITY>                   295,403
<SALES>                                        288,346
<TOTAL-REVENUES>                               288,346
<CGS>                                          235,603
<TOTAL-COSTS>                                  266,231
<OTHER-EXPENSES>                                 2,356
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,561
<INCOME-PRETAX>                                 16,198
<INCOME-TAX>                                     5,685
<INCOME-CONTINUING>                             10,513
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,513
<EPS-PRIMARY>                                     1.22
<EPS-DILUTED>                                     1.22
        

</TABLE>
EXHIBIT 21

| Name      of Company                      | State      of Incorporation | Percentage      of Voting Equity Interests Owned |
|-------------------------------------------|-----------------------------|--------------------------------------------------|
|                                      |                        |                                             |
| Artesian      Resources Corporation       | Delaware                    |                                             |
| Artesian      Water Company, Inc.         | Delaware                    | 100                                              |
| Artesian      Water Pennsylvania, Inc.    | Pennsylvania                | 100                                              |
| Artesian      Water Maryland, Inc.        | Delaware                    | 100                                              |
| Artesian      Development Corporation     | Delaware                    | 100                                              |
| Artesian      Wastewater Management, Inc. | Delaware                    | 100                                              |
| Artesian      Wastewater Maryland, Inc.   | Delaware                    | 100                                              |
| Artesian      Utility Development, Inc.   | Delaware                    | 100                                              |
| Artesian      Consulting Engineers, Inc.  | Delaware                    | 100                                              |
#### CITY OF BATON ROUGE v. James E. CHISHOLM.

No. 60828.

Supreme Court of Louisiana.

Dec. 2, 1977.

In re: James E. Chisholm applying for writ of review. Parish of East Baton Rouge.

Writ denied.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          NOV-30-1996
<PERIOD-END>                               AUG-31-1996
<CASH>                                           3,190
<SECURITIES>                                         0
<RECEIVABLES>                                   29,770
<ALLOWANCES>                                     (925)
<INVENTORY>                                     79,230
<CURRENT-ASSETS>                               118,276
<PP&E>                                         114,605
<DEPRECIATION>                                (50,599)
<TOTAL-ASSETS>                                 290,552
<CURRENT-LIABILITIES>                           28,942
<BONDS>                                        107,888
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,549
<OTHER-SE>                                     128,233
<TOTAL-LIABILITY-AND-EQUITY>                   290,552
<SALES>                                        137,505
<TOTAL-REVENUES>                               137,505
<CGS>                                           79,113
<TOTAL-COSTS>                                  121,065
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   228
<INTEREST-EXPENSE>                               6,950
<INCOME-PRETAX>                                 11,027
<INCOME-TAX>                                     4,367
<INCOME-CONTINUING>                              6,660
<DISCONTINUED>                                   (543)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,117
<EPS-PRIMARY>                                     1.31
<EPS-DILUTED>                                     1.31
        

</TABLE>
QuickLinks
 -- Click here to rapidly navigate through this document





































 



 
 

  Exhibit 10.13    
    


 
 

  Axcelis Technologies, Inc.
  Non-Employee Director Cash Compensation at March 1, 2014    
    


        This Exhibit discloses the current understandings with respect to cash compensation between Axcelis Technologies, Inc. (the
"Company") and each of its non-employee directors. Axcelis provides both cash retainers and meeting fees to its non-employee directors, as follows: 


 
 

  Annual Retainers (paid quarterly in advance)    
    

 






					
	Board Member Position



 
	 	Amount 	 
	 Lead Director
	 	$	50,000	 
	 Non-Employee Board Member (not Lead Director)
	 	$	30,000	 
	 Audit Committee Chair*
	 	$	15,000	 
	 Compensation Committee Chair*
	 	$	10,000	 
	 Nominating Committee Chair*
	 	$	7,500	 









 


 	*
	Retainers
for Committee Chairs are in addition to the retainer payable to all non-employee Board members.  


 

         To
the extent that other committees are formed by the Board, similar retainers may be approved for the committee chairmen. 


 
 

  Meeting Fees (payable quarterly in arrears)    
    

 






					
	Meeting Type



 
	 	Amount Per Meeting 	 
	 In Person Board Meetings
	 	$	2,000	 
	 Telephone Board Meetings
	 	$	1,000	 
	 In Person or Telephone Committee Meetings**
	 	$	1,000	 









 


 	**
	Committee
meeting fees are paid only to committee members, and not to other Board me members, attending committee meetings.  


 

         Non-employee
directors also receive reimbursement of out-of-pocket expenses incurred in attending Board and committee meetings. Non-employee directors do not receive any Company-paid
perquisites 











QuickLinks



Exhibit 10.13


Axcelis Technologies, Inc. Non-Employee Director Cash Compensation at March 1, 2014

Annual Retainers (paid quarterly in advance)

Meeting Fees (payable quarterly in arrears)
Table of Contents

**Exhibit 13.2**

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,COMPAÑÍA DE TELECOMUNICACIONES DE CHILE S.A.AS ADOPTED PURSUANT TO****SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Annual Report on Form 20-F for the year ended December 31, 2006 (the “Report”) of Compañía de Telecomunicaciones de Chile S.A. (the "Company") as filed with the Securities and Exchange Commission on thedate hereof), I, Julio Covarrubias Fernández, Chief Financial Officer of the Company, certify to the best of my knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that: 

     ****(1) 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 result of operations of the Company. 

Date: April 13, 2007 

/s/ Julio Covarrubias Fernández

Julio Covarrubias Fernández

Chief Financial Officer 

----
Section 906 of the Sarbanes-Oxley Act Certification


In connection with the Quarterly  Report of Amcast  Industrial  Corporation (the
"Issuer")  on Form 10-Q for the period  ending May 30,  2004,  as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Francis
J. Drew,  Vice  President,  Finance and Chief  Financial  Officer of the Issuer,
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that:

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

The  information  contained  in the  Report  fairly  presents,  in all  material
respects, the financial condition and results of operations of the Issuer.



By /s/ Francis J. Drew
   ------------------------
     Francis J. Drew
     Vice President, Finance and Chief Financial Officer
     June 30, 2004