alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The State of TexasAppellee/s

Fourth Court of Appeals

San Antonio, Texas

February 10, 2015

No. 04-14-00917-CR

Eberto A. MENDEZ,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2011CR5500

Honorable Mary D. Roman, Judge Presiding

ORDER

On January 7, 2015, we abated this cause to the trial court to allow the trial court an 

opportunity to amend, if necessary, the Certification of Defendant’s Right of Appeal. See TEX.

R. APP. P. 25.2(d). The certification stated the underlying case “is a plea-bargain case, and the 

defendant has NO right of appeal” and “the defendant has waived the right of appeal.” 

On February 6, 2015, the trial court filed a supplemental clerk’s record containing a new 

Certification of Defendant’s Right of Appeal stating this criminal case “is a revocation of the 

defendant’s community supervision, and the defendant has the right to appeal the court’s action 

revoking the community supervision, but not the underlying conviction.”

Accordingly, this appeal is REINSTATED on the docket of this court. Mr. Charles R. 

Richardson is the court reporter responsible for preparing, certifying, and filing the reporter’s 

record in this appeal. Mr. Richardson is hereby ORDERED to file the reporter’s record no later 

than March 11, 2015.

_________________________________

Sandee Bryan Marion, Chief Justice

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

court on this 10th day of February, 2015.

___________________________________

Keith E. Hottle

Clerk of Court
1 

# Memo

**T o:**  Docket EPA- HQ - OAR-2013 **From:** Joseph McDonald, U.S. EPA- OTAQ -ASD **CC:** Paul Machiele, Ed Nam , Michael Olechiw, U.S. EPA- OTAQ -ASD **Date:** Septem ber 3 , 201 3 **Re:** Ta kei, Y., Kungasa, Y., Okada, M., Tanaka, T. Fujimoto, Y. "Fuel Property Requirement for Advanced Technology Engines." SAE Technical Paper 2000 - 01 -2019

A hard copy of the paper by T akei et al. entitled “Fuel Property Requirement for Advanced Technology Engines” ( SAE Technical Paper 2000 - 01 -2019 ) is available within EPA’s Docket Center. This d ocum ent has been copyrighted and is not available with in the electronic docket. Parties that wish to view a hard copy

of this document can do so at the at the EPA Docket Center: A ir and Radiation Docket and Information Center, EPA/DC, EPA We st, Room 3334 , 1301 Constitution Ave., NW , Washington DC. T he Public Reading Room is open from 8:30 a.m . to 4:30 p.m ., Monday through Friday, excluding legal holiday s. T he telephone num ber for the Public Reading Room is (202) 566 - 1744, and the telephone number for th e Air Docket is (202) 566 - 1742.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6489

THOMAS EUGENE LANGSTON,

Petitioner - Appellant,

versus

WARDEN, MECKLENBURG CORRECTIONAL CENTER,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Chief District

Judge. (CA-97-1359-AM)

Submitted: October 27, 1998 Decided: November 13, 1998

Before NIEMEYER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Thomas Eugene Langston, Appellant Pro Se. Thomas Drummond Bagwell,

Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Thomas Eugene Langston seeks to appeal the district court’s

order denying relief on his petition filed under 28 U.S.C.A. § 2254

(West 1994 & Supp. 1998). We have reviewed the record and the

district court’s opinion and find no reversible error. Accordingly,

we deny a certificate of appealability and dismiss the appeal on

the reasoning of the district court. Langston v. Warden, No. CA-97-

1359-AM (E.D. Va. Mar. 18, 1998). 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.

DISMISSED
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IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

WARREN EVANS,

Petitioner

v.

COURT OF COMMON PLEAS 

PHILADELPHIA COUNTY,

Respondent

:

:

:

:

:

:

:

:

:

:

:

:

No. 144 EM 2019

ORDER

PER CURIAM

AND NOW, this 10th day of March, 2020, the Application for Leave to File Original 

Process is GRANTED, and the “Writ of Mandamus” is DENIED.
FC Robotics, Inc. Consultants

6400 N.W. 6th Way, Suite 147D (954)567-8942 – Office/Fax

Ft. Lauderdale, FL 33309 www.fcrobotics.com

February 17, 2015

U. S. Department of Transportation

Docket Operations

West Building, Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Application to Amend

Section 333 Exemption No. 12728

Regulatory Docket No. FAA-2015-2520

Dear Sir(s)/Madam(s):

By letter from the FAA dated September 2, 2015, an exemption was granted to FC Robotics, Inc., for 

relief under Section 333. That letter was marked Section 333 Exemption No. 12728, Regulatory Docket 

No. FAA-2015-2520.

FC Robotics, Inc. hereby requests that the exemption granted be amended to include DJI Spreading 

Wings 900 and DJI Spreading Wings 1000+. Relevant facts and reasoning include:

 DJI Spreading Wings S900 is part of DJI’s family of professional grade, mission-proven

multirotor UAs. The DJI Spreading Wings S900 is an open platform system UAS using the flight 

control of a Radio Controller(RC) transmitter built with factory components.

 DJI Spreading Wings S1000+ is part of DJI’s family of professional grade, mission-proven 

multirotor UAs. The DJI Spreading Wings S1000+ is an open platform system UAS using the 

flight control of a Radio Controller(RC) transmitter built with factory components.

 The findings, rationale and conclusions contained in FAA’s Exemption No. 12728 apply without 

modification to this application to include DJI Spreading Wings S900 and DJI Spreading Wings 

S1000+ in Exemption No. 12728.

Thank you for your consideration of this amendment request. Please advise us of any additional 

information that may be required.

Sincerely,

Joel W. Israel

President
EXHIBIT 32.1



CERTIFICATION PURSUANT TO

18 U.S.C.
SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



The undersigned hereby certifies, in his capacity as an officer of Diedrich Coffee, Inc. (the Company), for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of his knowledge:



| |  |  | the Annual Report of the Company on Form 10-K for the period ended June 29, 2005 (the Report) fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934, as amended; and
| | - |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                             |  |                                                       
|---------------------------- |  | ------------------------------------------------------
|Dated:    September 29, 2005 |  | /s/ Roger M. Laverty                                  
|                             |  | Roger M. Laverty President and Chief Executive Officer



| | Note: A signed original of this written statement required by Section 906 has been provided to Diedrich Coffee, Inc. and will be retained by Diedrich Coffee, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.
| | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
III 

113TH CONGRESS 

1ST SESSION S. RES. 240 

Designating the week beginning September 15, 2013, as ‘‘National HispanicServing Institutions Week’’. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2013 

Mr. MENENDEZ (for himself, Mr. REID, Mr. CORNYN, Mr. BEGICH, Mr. BENNET, Mrs. BOXER, Mr. COONS, Mr. DURBIN, Mrs. FEINSTEIN, Mrs. 

GILLIBRAND, Mr. HEINRICH, Mr. MARKEY, Mrs. MURRAY, Mr. NELSON, 

Mr. RUBIO, Mr. SCHUMER, Mr. UDALL of Colorado, Mr. WARNER, Mr. 

HELLER, and Mr. ENZI) submitted the following resolution; which was 

considered and agreed to 

RESOLUTION 

Designating the week beginning September 15, 2013, as 

‘‘National Hispanic-Serving Institutions Week’’. 

Whereas Hispanic-Serving Institutions are degree-granting 

institutions that have a full-time equivalent undergraduate enrollment of at least 25 percent Hispanic students; 

Whereas Hispanic-Serving Institutions play an important role 

in educating many underprivileged students and helping 

those students attain their full potential through higher 

education; 

Whereas more than 350 Hispanic-Serving Institutions operate in the United States; 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•SRES 240 ATS 

Whereas Hispanic-Serving Institutions serve more than half, 

or 56 percent, of all Hispanic students, enrolling more 

than 1,480,000 students in 2011; 

Whereas Hispanic-Serving Institutions are actively involved 

in stabilizing and improving the communities in which 

the institutions are located; 

Whereas celebrating the vast contributions of Hispanic-Serving Institutions to the United States strengthens the culture of the United States; and 

Whereas the achievements and goals of Hispanic-Serving Institutions deserve national recognition: Now, therefore, be 

it 

1 Resolved, That the Senate— 

2 (1) recognizes the achievements and goals of 

3 Hispanic-Serving Institutions across the United 

4 States; 

5 (2) designates the week beginning September 

6 15, 2013, as ‘‘National Hispanic-Serving Institu7 tions Week’’; and 

8 (3) calls on the people of the United States and 

9 interested groups to observe the week with appro10 priate ceremonies, activities, and programs to dem11 onstrate support for Hispanic-Serving Institutions. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
EXHIBIT 23











                CONSENT OF INDEPENDENT ACCOUNTANTS
                       ---------------------





We consent to the incorporation by reference in the registration
statements of Aztar Corporation on Form S-8 (Registration No. 33-
32399 and No. 33-44794) of our reports, dated February 14, 1996 on
our audit of the consolidated financial statements and financial
statement schedule of Aztar Corporation as of December 28, 1995 and
December 29, 1994 and for each of the three years in the period
ended December 28, 1995, which reports are included in this Annual
Report on Form 10-K.











COOPERS & LYBRAND L.L.P.




Phoenix, Arizona
March 21, 1996
Exhibit
10.1

    


    TERMINATION
AGREEMENT

    


    THIS AGREEMENT dated as of
April 30, 2010 (“Effective Date”) by and between China Kangtai Cactus Bio-Tech,
Inc., a Nevada corporation (the “Company”), and Seaside 88, LP, a Florida
limited partnership (“Seaside”).

    


    WHEREAS, the parties have
entered into a Common Stock Purchase Agreement dated as of November 5, 2009 (the
“Original Agreement”), pursuant to which the Company agreed to issue and sell up
to 2,100,000 shares of the Company’s common stock (the “Common Stock”), and
Seaside had agreed to purchase up to 150,000 shares of the Common Stock at
two-week intervals, subject to the satisfaction of customary closing conditions;
and

    


    WHEREAS, the parties wish to
terminate the Original Agreement;

    


    NOW, THEREFORE, in
consideration of the premises and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:

    


    
      	
              1.

            	
              The
      Original Agreement is hereby terminated effective the date of this
      Agreement and all terms and obligations under the Original Agreement and
      shall have no further force or effect as of the date
    hereof.

            


    

    


    
      	
              2.

            	
              The
      parties hereby release and forever discharge one another from all actions,
      causes of actions, suits, debts, obligations, claim and demands whatsoever
      which they have or hereafter can, shall have under the terms of the
      Original Agreement.

            


    

    


    
      	
              3.

            	
              This
      Agreement shall inure to the benefit of and be binding upon the respective
      assigns and successors of each of the parties
  hereto.

            


    

    


    
      	
              4.

            	
              This
      Agreement may be executed in one or more counterparts, each of which when
      so executed shall be deemed to be an original and such counterparts
      together shall constitute one and the same
  instrument.

            


    

    


    IN WITNESS WHEREOF, this
Agreement has been executed by the parties hereto as of the date first above
written.

    


    
      
        
          	
                  China
      Kangtai Cactus Bio-Tech, Inc.

                	 
      	
                  Seaside
      88, LP

                
	 
      	 
      	 
      	 
      	 
      
	
                  By:

                	
                  /s/ Jinjiang Wang

                	 
      	
                  By:

                	
                  /s/ William Ritger

                
	 
      	
                  Jinjiang
      Wang, President

                	 
      	 
      	
                  William
      Ritger, General Partner
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 03-41636 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JAIME VALLE-RIVERA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-03-CR-955-ALL

-------------------- Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM: * Jaime Valle-Rivera appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Valle-Rivera contends that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional. He therefore argues that his conviction must be reduced to one under the lesser included offense found in 8 U.S.C. § 1362(a), his judgment must be reformed to reflect a conviction only under United States Court of Appeals

Fifth Circuit 

## F I L E D June 23, 2004 Charles R. Fulbruge III ClerkNo. 03-41636 -2- that provision, and his sentence must be vacated and the case remanded for resentencing to no more than two years’ imprisonment and one year of supervised release.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Valle-Rivera acknowledges that his arguments are foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his arguments for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.