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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. United States Court of Appeals

Fifth Circuit 

## FILED February 23, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40805 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus SAUL HERNANDEZ-AGUIRRE, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:04-CR-934-ALL

-------------------- Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM: * Saul Hernandez-Aguirre appeals his sentence for being an alien unlawfully found in the United States following deportation after having been convicted of an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b). On appeal, he challenges the constitutionality of § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury in light of Apprendi v. New Jersey , 530 U.S. 466 (2000). Hernandez-Aguirre’s constitutional challenge is foreclosed by Almendarez-Torres v.No. 05-40805 -2- United States , 523 U.S. 224, 235 (1998). Although HernandezAguirre contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi , we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). Hernandez-Aguirre properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review. Hernandez-Aguirre next raises a Fourth Amendment challenge to the collection of a DNA sample as a condition of his supervised release. As he concedes, such a claim is not ripe for review, and we lack jurisdiction to consider it. United States v. Riascos-Cuenu , 428 F.3d 1100, 1101-02 (5th Cir. 2005), petition for cert. filed (Jan 9, 2006) (No. 05-8662). Accordingly, that portion of the appeal must be dismissed.
JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-13-00110-CR

MICHAEL EARITT WHITE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law

Lamar County, Texas

Trial Court No. 60286

Before Morriss, C.J., Carter and Moseley, JJ.
2

O RDER

Michael Earitt White has filed an appeal with this Court. As no record was filed, and in 

light of his repeated claims of indigence and the lack of the provision of information from any 

other source despite our repeated efforts, we abated the appeal to the trial court for a hearing to 

attempt to determine the nature of the case. The trial court conducted a hearing, and we have 

been provided with the following information: (1) White was convicted on June 6, 2013, of 

misdemeanor driving while license suspended and (2) on June 27, 2013, the trial court conducted 

an indigency hearing and found him not indigent. 

White continues to claim to be indigent. We therefore abated the case to the trial court 

for a hearing on indigency. The court conducted a cursory hearing, asking White if there were 

changes in his circumstances since the previous June hearing. White said there were not, and the 

trial court, relying on the information provided at that time, again concluded that he was not 

indigent. 

Following the directives of this Court, a clerk’s record has been filed containing the trial 

court’s findings on indigency (adopting and providing a copy of the findings that it had 

previously made on June 27, 2013), and we have now also received transcripts of both the 

June 27, 2013, and the January 2, 2014, indigency hearings pursuant to our abatement order. 

Because White was found not indigent, he has no right to a free transcript of the 

proceeding at which he was convicted or to the preparation of a free clerk’s record. He does, 

however, have the right to a free copy of the record of the indigency hearing that was filed with 

this Court. White should be afforded review of the trial court’s finding on indigency prior to 
3

proceeding with the appeal on the merits of his criminal trial. Such review is mandated by 

Griffin v. Illinois, 351 U.S. 12 (1956), and Snoke v. State, 717 S.W.2d 5, 6 (Tex. Crim. App. 

1986). We now have a sufficient record to allow appellate review of that matter, and a record is 

available at the Office of the County Court at Law of Lamar County for White to review in 

preparing his brief. 

As this matter must necessarily be decided before we reach the main appeal, we direct 

White to file a brief restricted to the question of whether the trial court erred by finding that he 

was not indigent. White is instructed that his brief should contain supporting references to the 

record and citations to any controlling authority. The brief must be filed within thirty days of the 

date of this order and to be received by this Court on or before February 24, 2014. 

IT IS SO ORDERED.

BY THE COURT

Date: January 23, 2014
#### STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. Allen POMMIER, Defendant-Appellee.

No. 4037.

Court of Appeal of Louisiana, Third Circuit.

Dec. 13, 1972.

D. Ross Banister, Chester E. Martin, Jesse S. Moore, Jr., Alva Jones, Johnie E. Branch, Jr., Baton Rouge, for plaintiff-appellant.

Fusilier, Pucheau & Soileau by J. William Pucheau, Ville Platte, for defendant-appellee.

Before SAVOY, CULPEPPER and DOMENGEAUX, JJ.

SAVOY, Judge.

For the reasons assigned in State of Louisiana, through the Department of Highways v. Allen P'ommier, 270 So.2d 274, decided this date, bearing docket number 4038 of this Court, the judgment of the district court in the instant case is remanded to the district court for further proceedings consistent with the views expressed therein. Costs to await final determination of the case.

Remanded.
#### Arthur James WILLIAMS, Appellant, v. STATE of Florida, Appellee.

No. 69-262.

District Court of Appeal of Florida, Fourth District.

April 24, 1970.

Appeal from Court of Record, Brevard County; Joe A. Cowart, Jr., Judge.

Appeal quashed.
#### G. M. C. TIRE COMPANY, INC. v. PAN AMERICAN FIRE & CASUALTY COMPANY.

No. 53180.

Supreme Court of Louisiana.

March 1, 1973.

In re: Pan American Fire and Casualty Company applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of Terrebonne. 270 So.2d 163.

Application denied. On the facts found by the Court of Appeal the result is correct.
<PAGE>


                                                                    Exhibit 99.0


                           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 Quarterly Report of Harrodsburg First Financial Bancorp,
Inc. (the "Company") on Form 10-QSB for the period ending June 30, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
we, Arthur L. Freeman, Chief Executive Officer, and Jack Hood, Chief Financial
Officer, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 results of operations of
         the Company.




/s/ Arthur L. freeman                   /s/ Jack Hood
-----------------------------           --------------------------------------
Arthur L. freeman                       Jack Hood
Chief Executive Officer                 Chief Financial and Accounting Officer



August 13, 2002
MINUTES

Meeting of the Compensation Committee

LBO Capital Corp.

23399 Commerce Dr.  Ste. B-1

Farmington Hills, MI  48335 USA

248.994.0099-tel   248.489.9495-fax



Thursday, September 18, 2008, 3:00 pm EDT



MEMBERS OF THE COMPENSATION COMMITTEE:



Salvatore Parlatore:

Chairman

Achille DiNello:

Member

Sebastian Moeritz:

Member



INVITED GUESTS:

Thomas W. Itin:

Shareholder

Shirley B. Itin:

Shareholder

Tatsiana Husarava:

Recording Secretary

Anastasiya Gurevich:

Asst. Recording Secretary



The 2008 Meeting of the Compensation Committee of LBO Capital Corp. (LBO) was called and held at 23399 Commerce Dr., Ste. B-1, Farmington Hills MI 48335 on September 18, 2008, Thursday, from 3:00 pm to 3:45 pm EDT.  Attending were Chairman Salvatore Parlatore, Achille DiNello and Sebastian Moeritz. Also present were: Thomas W. Itin, shareholder; Shirley B. Itin shareholder; Tatsiana Husarava, Recording Secretary; Anastasiya Gurevich, Asst. Recording Secretary.



Chairman Parlatore called the meeting to order promptly at 3:00 pm EDT stating that Notice had been adequately served in advance.  Salvatore Parlatore stated that a quorum was present and acting throughout.





First Equity Corporation Compensations



Chairman Parlatore and Members discussed the Biennial Compensation Proposal submitted by First Equity Corporation (FEC) on June 9, 2008. The terms of a proposed biennial compensation proposal state that First Equity Corporation shall be compensated in the amount of $150,000 per year commencing January 1, 2008 for providing to LBO Capital Corp. business services including facilities, business equipment, administrative and accounting services.



Upon a motion duly made by Salvatore Parlatore, seconded by Achille DiNello, it was passed unanimously (3 aye: 0 nay) as follows:



BE IT RESOLVED: that Biennial Compensation Proposed submitted by First Equity Corporation be ratified, approved and accepted.



BE IT FURTHER RESOLVED:that Compensation Committee authorizes the management of LBO Capital Corp. to remit the past due amount of $125,000 to First Equity Corporation in the month of October for business services rendered during the ten (10) month period starting January 2008.



BE IT FURTHER RESOLVED: that Compensation Committee authorizes the management of LBO Capital Corp. to remit payments of $12,500 per month to First Equity Corporation commencing November 1, 2008.





Members of the Compensation Committee further discussed additional items on the agenda, including stock option plan and legal and audit fees; however, no immediate resolutions or actions from the Members of the Compensation Committee were required at this time.





Adjournment



No further business being introduced, upon a motion duly made by Salvatore Parlatore and seconded by Achille DiNello, it was passed unanimously (3 aye: 0 nay), as follows:



BE IT RESOLVED:that the 2008 Meeting of the Compensation Committee be adjourned at 3:45 pm EDT.





Respectfully submitted,





/s/ Anastasiya Gurevich, Asst. Recording Secretary



ATTEST:





/s/

Salvatore Parlatore, Chairman





/s/

Achille DiNello, Member







/s/

Sebastian Moeritz, Member
[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Notices]
[Page 32853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15119]



[[Page 32853]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-1977-000]


Brantley Farm Solar, LLC; Supplemental Notice That Initial 
Market-Based Rate Filing Includes Request for Blanket Section 204 
Authorization

    This is a supplemental notice in the above-referenced proceeding of 
Brantley Farm Solar, LLC's application for market-based rate authority, 
with an accompanying rate tariff, noting that such application includes 
a request for blanket authorization, under 18 CFR part 34, of future 
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street NE, Washington, 
DC 20426, in accordance with Rules 211 and 214 of the Commission's 
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone 
filing a motion to intervene or protest must serve a copy of that 
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR part 34, of future issuances of securities and assumptions of 
liability, is July 30, 2018.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
5 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for electronic review in the 
Commission's Public Reference Room in Washington, DC. There is an 
eSubscription link on the website that enables subscribers to receive 
email notification when a document is added to a subscribed docket(s). 
For assistance with any FERC Online service, please email 
<a href="/cdn-cgi/l/email-protection#84c2c1d6c7cbeae8edeae1d7f1f4f4ebf6f0c4e2e1f6e7aae3ebf2"><span class="__cf_email__" data-cfemail="73353621303c1d1f1a1d16200603031c010733151601105d141c05">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.

    Dated: July 10, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-15119 Filed 7-13-18; 8:45 am]
 BILLING CODE 6717-01-P


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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND STATEMENTS OF CONSOLIDATED OPERATIONS AND
ACCUMULATED DEFICIT ON PAGES 2 AND 3 OF THE COMPANY'S FORM 10-Q FOR THE
QUARTERLY PERIOD ENDING SEPTEMBER 30, 1997, AND IS QUALIFIED IN ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          29,911
<SECURITIES>                                        44
<RECEIVABLES>                                       74
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                30,040
<PP&E>                                         256,680
<DEPRECIATION>                                     139
<TOTAL-ASSETS>                                 288,120
<CURRENT-LIABILITIES>                            4,268
<BONDS>                                         25,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       194,475
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   288,120
<SALES>                                            489
<TOTAL-REVENUES>                                   979
<CGS>                                              231
<TOTAL-COSTS>                                    4,918
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (3,939)
<INCOME-TAX>                                        24
<INCOME-CONTINUING>                            (3,831)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,831)
<EPS-PRIMARY>                                    (.12)
<EPS-DILUTED>                                    (.12)
        

</TABLE>
#### STATE of Louisiana ex rel. Kenneth McCANN v. 24TH JUDICIAL DISTRICT COURT FOR JEFFERSON PARISH.

No. 62718.

Supreme Court of Louisiana.

Sept. 15, 1978.

In re: Kenneth McCann, applying for writ of mandamus. Parish of Jefferson.

Not considered. No record in district court of this application. It is therefore transferred to the district court for action.
#### BABINGTON CHILDREN TRUSTS v. Vivian EIMER (divorced wife of Mario Cucchiara).

No. 53290.

Supreme Court of Louisiana.

March 20, 1973.

In re: Babington Children Trusts applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of St. Tammany, 271 So.2d 648.

It is ordered that the writ of review issue; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plaintiff and defendant be notified.
[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Notices]
[Page 34128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15323]



[[Page 34128]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ18-15-000]


Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on July 3, 2018, Oncor Electric Delivery Company 
LLC submitted its tariff filing: Oncor Tex-La Tariff Rate Changes to be 
effective 7/1/2018.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. On or 
before the comment date, it is not necessary to serve motions to 
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 5 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street NE, Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the website that enables subscribers to receive email 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please email 
<a href="/cdn-cgi/l/email-protection#01474453424e6f6d686f64527471716e737541676473622f666e77"><span class="__cf_email__" data-cfemail="1e585b4c5d51707277707b4d6b6e6e716c6a5e787b6c7d30797168">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5:00 p.m. Eastern Time on July 24, 2018.

    Dated: July 12, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-15323 Filed 7-18-18; 8:45 am]
 BILLING CODE 6717-01-P


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</html>
#### Francis LUKEFAHR, Petitioner, v. POINT EAST DEVELOPERS et al., Respondents.

No. 37337.

Supreme Court of Florida.

June 26, 1968.

L. Barry Keyfetz, of Ser, Greenspahn, Keyfetz & Gallagher, Miami, for petitioner.

Blackwell, Walker & Gray, G. W. O’Grady, Miami, Patrick H. Mears, Tallahassee and J. Franklin Garner, Lakeland, for respondents.

PER CURIAM.

By petition for writ of certiorari we have for review two orders of the Florida Industrial Commission bearing dates February 26, 1968, and April 17, 1968.

We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 32 F.S.A.

Our consideration of the petitions, records and briefs leads us to conclude that there has been no deviation from the essential requirements of law.

*5The petitions for certiorari and for attorneys’ fees are therefore denied.

It is so ordered.

ROBERTS, Acting C. J., and DREW, THORNAL, ERVIN and ADAMS, JJ., concur.
#### Bennie Will SAMUELS, Appellant, v. Donna GOLDEN, a minor, by and through her mother and next friend, Thelma Wilson, and Thelma Wilson, individually, Appellees.

No. 68-1064.

District Court of Appeal of Florida. Third District.

May 23, 1969.

PER CURIAM.

Appeal dismissed.
# C_2023063EN.01004702.xml

| 20.2.2023 | EN | Official Journal of the European Union | C 63/47 |
| --- | --- | --- | --- |

20.2.2023

EN

Official Journal of the European Union

C 63/47

---

Order of the General Court of 19 December 2022 — XH v Commission

(Case T-522/21) (1)

(Staff case - Officials - Promotion - 2020 promotion exercise - Decision refusing to amend the applicant’s Sysper 2 file - Decision not to promote the applicant - Time limits for lodging an appeal - Public policy nature - Starting point - Application for legal aid - Suspension of time limits - Computation of time limits - Lateness - Unforeseeable circumstances or force majeure - Excusable error - Inadmissibility)

(2023/C 63/61)

Language of the case: English

Parties

Applicant: XH (represented by: K. Górny-Salwarowska, lawyer)

Defendant: European Commission (represented by: M. Brauhoff, L. Hohenecker and L. Vernier, acting as Agents)

Re:

By her action under Article 270 TFEU, the applicant seeks, first, annulment of the decision of the European Commission of 24 November 2020 refusing to amend her Sysper 2 file, confirmed by decision of 16 June 2021 rejecting her complaint, secondly, annulment of the decision of the Commission of 12 November 2020 not to include her name on the list of officials promoted in 2020, confirmed by decision of 8 June 2021 rejecting her complaint, and, thirdly, compensation for the damage suffered.

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | XH is ordered to pay the costs. |
| --- | --- |

2.

XH is ordered to pay the costs.

---

(1)  OJ C 237, 20.6.2022.

---