alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 95-20830

Summary Calendar

_____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ISRAEL ESPERICUETA,

Defendant-Appellant.

________________________________________________

Appeal from the United States District Court

for the Southern District of Texas

(H-95-CV-1570)

________________________________________________

April 11, 1996

Before DAVIS, BARKSDALE, and DEMOSS, Circuit Judges.

PER CURIAM:*

Israel Espericueta, pro se, challenges the denial of his 28

U.S.C. § 2255 motion. He asserts that he was denied the effective

assistance of counsel during his criminal trial because his

attorney had been suspended from the practice of law by the State

Bar of Texas for failure to comply with the minimum continuing

legal education requirements, and that the district court erred in

denying his motion without a hearing.

In United States v. Carpenter, 776 F.2d 1291, 1297 (5th Cir.

1985), pursuant to Thread v. United States, 354 U.S. 278 (1957),
2

our court held that "an attorney disbarred from a state bar

association may not be summarily disbarred from practicing before

a federal court even when that state bar membership was the

predicate upon which the lawyer was admitted to the federal court".

Moreover, United States v. McKinney, 53 F.3d 664, 675 (5th Cir.),

cert. denied, 116 S. Ct. 261 (1995), notes that "[t]he local rules

for the courts of the Northern District of Texas provide that in a

case where a lawyer loses the right to practice in his home state

because of failure to meet CLE requirements, any suspension in

federal court is not automatic". Likewise, under Appendix A, Rule

2 of the 1991 and 1992 Local Rules of the United States District

Court for the Southern District of Texas, which cover the time

period at issue, an attorney disciplined by any other court is

subject to discipline in the southern district, but it is not

automatic. 

Espericueta's § 2255 was properly denied because he did not

allege that his counsel had been suspended from practicing in

federal court, even though he had been suspended by the State Bar

of Texas. And, the district court did not err in denying the

motion without a hearing, because the motion and record show

conclusively that relief is not warranted. United States v.

Bartholomew, 974 F.2d 39, 41 (5th Cir. 1992). Accordingly, the

denial of 2255 relief is

AFFIRMED.
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In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-15-00015-CV

IN THE INTEREST OF L.E.S., A CHILD

On Appeal from the 76th District Court

Titus County, Texas

Trial Court No. 37,180

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

O R D E R

Father and Mother1appeal from the termination of their parental-rights to L.E.S. The 

clerk’s record in this accelerated appeal was filed on February 27, 2015 and the reporter’s record 

was filed, following this Court’s order to file the record, on March 31, 2015. Mother filed her 

brief on April 20, 2015. After abatement to the trial court and the trial court’s entry of an order 

requiring Father to file his brief on or before June 10, 2015, Father filed his brief on that date, 

establishing June 30 as the due date for the brief of the Texas Department of Family and Protective 

Services (the Department). On July 6, 2015, the Department filed its first motion for an extension 

of time, seeking a twenty-day extension of the briefing deadline and making its brief due July 20, 

2015.

Rule 6 of the Texas Rules of Judicial Administration sets forth time standards for the 

disposition of certain cases, including cases involving termination of the parent-child relationship. 

Rule 6.2(a) provides that a court of appeals “should, so far as reasonably possible, ensure that the 

appeal [of a suit for termination of a parent-child relationship] is brought to final disposition . . . 

within 180 days of the date the notice of appeal is filed.” TEX. R. JUDICIAL ADMIN. 6.2(a). The 

notice of appeal in this case was filed on February 20, 2015. Consequently, the target disposition 

date for this appeal is August 19, 2015.

Although the Department has not been the source of the delay in this case, it is imperative 

that the Department’s brief be filed on or before July 20, 2015, in order for this Court to ensure 

 

1To protect the privacy of the minor children involved in this litigation, we will refer to the appellants as Father and 

Mother.
3

compliance with Rule 6.2(a). See TEX. R. JUDICIAL ADMIN. 6.2(a). Accordingly, by this order, 

we grant the Department’s motion for an extension of time, and we set the final deadline for filing 

the Department’s brief as July 20, 2015.

IT IS SO ORDERED.

BY THE COURT

Date: July 14, 2015
II 

113TH CONGRESS 

1ST SESSION S. 971 

To amend the Federal Water Pollution Control Act to exempt the conduct 

of silvicultural activities from national pollutant discharge elimination 

system permitting requirements. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2013 

Mr. WYDEN (for himself, Mr. CRAPO, Mr. BAUCUS, and Mr. RISCH) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To amend the Federal Water Pollution Control Act to exempt the conduct of silvicultural activities from national 

pollutant discharge elimination system permitting requirements. 

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 ‘‘Silviculture Regulatory 

5 Consistency Act’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 971 IS

1 SEC. 2. SILVICULTURAL ACTIVITIES. 

2 Section 402(l) of the Federal Water Pollution Control 

3 Act (33 U.S.C. 1342(l)) is amended by adding at the end 

4 the following: 

5 ‘‘(3) SILVICULTURAL ACTIVITIES.— 

6 ‘‘(A) NPDES PERMIT REQUIREMENTS FOR

7 SILVICULTURAL ACTIVITIES.—The Adminis8 trator shall not require a permit or otherwise 

9 promulgate regulations under this section or di10 rectly or indirectly require any State to require 

11 a permit under this section for a discharge of 

12 stormwater runoff resulting from the conduct of 

13 the following silvicultural activities: nursery op14 erations, site preparation, reforestation and 

15 subsequent cultural treatment, thinning, pre16 scribed burning, pest and fire control, har17 vesting operations, surface drainage, and road 

18 use, construction, and maintenance. 

19 ‘‘(B) PERMITS FOR DREDGED OR FILL MA20 TERIAL.—Nothing in this paragraph exempts a 

21 silvicultural activity resulting in the discharge 

22 of dredged or fill material from any permitting 

23 requirement under section 404.’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-84,327-01

EX PARTE JOSEPH FRANCOIS JEAN, Applicant

ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS

IN CAUSE NO. 1302120-A IN THE 230 JUDICIAL DISTRICT COURT

TH

HARRIS COUNTY

Per curiam. NEWELL, J., not participating.

O R D E R

In June 2011, a jury found Applicant guilty of the offense of capital murder. See

TEX. PENAL CODE § 19.03(a). Based on the jury’s answers to the statutory punishment

questions set out in Texas Code of Criminal Procedure Article 37.071, the trial court

sentenced Applicant to death. We affirmed Applicant’s conviction and sentence on

1

direct appeal. Jean v. State, No. AP-76,601 (Tex. Crim. App. June 26, 2013) (not

 Unless otherwise indicated, all references in this order to Articles refer to the Texas 1

Code of Criminal Procedure.
Jean - 2

designated for publication). The trial court reviewed Applicant’s timely filed initial writ

application on the merits and forwarded it to this Court with a recommendation.

However, by the time this Court received the application, a change in the law

prompted us to remand the case for further fact-finding. See Ex parte Jean, No. WR84,327-01 (Tex. Crim. App. June 28, 2017) (not designated for publication). In the

remand order, we instructed the trial court to finish its review within 60 days of the date

of the order. The trial court subsequently requested an extension of time, and this Court

granted the extension to December 1, 2017.

It has been three years since the application was due to be returned to this Court.

Accordingly, we order the trial court to resolve any remaining issues in the case within 90

days from the date of this order. The clerk shall then immediately transmit the complete

writ record to this Court. Any extensions of time shall be requested by the trial judge, or

on his or her behalf, and obtained from this Court.

IT IS SO ORDERED THIS THE 13 DAY OF JANUARY, 2021.

TH

Do Not Publish
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Exhibit 32.2



CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350



I, John M. Greeley, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Tarantella, Inc. on Form 10-K for the fiscal year ended September 30, 2004 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange
Act of 1934 and that information contained in such Annual Report on Form 10-K fairly presents in all material respects the financial condition and results of operations of Tarantella, Inc.



By:

/s/    JOHN M.
GREELEYName:

John M. GreeleyTitle:

Chief Financial Officer(Principal Financial Officer)




December 29, 2004
<PAGE>   1
                                                                    Exhibit 21.1



                         THE SANTA CRUZ OPERATION, INC.
                           (A CALIFORNIA CORPORATION)


                                  SUBSIDIARIES


<TABLE>
<CAPTION>
NAME OF SUBSIDIARY                                                              PLACE OF INCORPORATION

<S>                                                                            <C>
The Santa Cruz Operation Pty. Limited                                           New South Wales
SCO Canada, Inc.                                                                Ontario
The Santa Cruz Operation (France) SARL                                          France
The Santa Cruz Operation (Deutschland) GmbH                                     Germany
The Santa Cruz Operation (Italia) Srl                                           Italy
The Santa Cruz Operation Limited                                                UK
The Santa Cruz Operation de Mexico, S. DE R.L. DE C.V.                          Mexico
The Santa Cruz Operation (Asia) Ltd.                                            Delaware
SCO Foreign Sales Corporation                                                   U.S. Virgin Islands
SCO, Kabushiki Kaisha                                                           Japan
The Santa Cruz Operation Latin America, Inc.                                    Delaware
Nihon SCO Limited                                                               Japan
</TABLE>
**EXHIBIT
      23.1**






CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




PLX
      Technology, Inc.


Sunnyvale,
      California




We
      hereby
      consent to the incorporation by reference in the Registration Statements on
      Form
      S-3 (Nos. 333-40722, 333-105745 and 333-116702) and Form S-8 (Nos. 333-88259,
      333-38992, 333-38990, 333-67026, 333-97741, 333-105748, 333-116704 and
      333-135811) of PLX Technology, Inc. of our reports dated March 5, 2008, relating
      to the consolidated financial statements and financial statement schedule,
      and
      the effectiveness of PLX Technology, Inc.’s internal control over financial
      reporting, which appear in this Form 10-K.




/s/
      BDO
      Seidman, LLP


San
      Francisco, California


March
      5, 2008
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