alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Frank Richard MARTINEZ, Defendant-Appellant.

No. 83CA0798.

Colorado Court of Appeals, Div. I.

Feb. 14, 1985.

Rehearing Denied March 7, 1985.

Certiorari Denied Aug. 19, 1985.

*620Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert M. Petrusak, Asst. Atty. Gen., Denver, for plaintiff-ap-pellee.

David F. Vela, Colorado State Public Defender, Barbara S. Blackman, Acting Chief Appellate Deputy, Denver, for defendant-appellant.

BABCOCK, Judge.

Defendant, Frank Richard Martinez, appeals from the sentence imposed upon the judgment of conviction entered following his plea of guilty to attempted escape under § 18-8-208.1, C.R.S. (1984 Cum.Supp.). We vacate the sentence, and remand for resentencing.

Defendant escaped from the Rifle Correctional Facility where he was serving a two-year sentence for theft and first degree criminal trespass. Pursuant to a plea agreement, he pled guilty to an amended charge of attempted escape, a class 4 felony. The trial court concluded that § 18 — 1— 105(9)(a)(V), C.R.S. (1984 Cum.Supp.) required imposition of a sentence in excess of the presumptive range. The court further ruled that § 18-8-208.1, C.R.S. (1984 Cum. Supp.), the attempted escape statute, required that the sentence run consecutive to the term defendant was serving at the time of the escape. Defendant was sentenced outside the presumptive range to a term of four years and one day, to run consecutive to his current sentence.

We agree with defendant’s contention that the trial court erred in concluding that § 18-l-105(9)(a)(V), C.R.S. (1984 Cum. Supp.) required imposition of a sentence in excess of the presumptive range. In *People v. Russell,*703 P.2d 620 (Colo.App. 1985), we held that upon conviction for the crime of felony escape, *see*§ 18-8-208(2), C.R.S. (1978 Repl. Vol. 8), the trial court may sentence within the presumptive range for this class 3 felony. The same rationale applies to the crime of attempted escape.

Hence, the court was not legislatively mandated to impose a sentence in excess of the presumptive range. Accordingly, while the trial court was correct in ruling that § 18-8-208.1, C.R.S. (1984 Cum. Supp.), the attempted escape statute, required that the sentence run consecutive to the term which defendant was serving at the time of the escape, it failed to exercise full discretion in deciding whether to impose a sentence within the applicable presumptive range.

The sentence is vacated, and the cause is remanded for resentencing in accordance with the principles announced herein.

PIERCE and SMITH, JJ., concur.
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# L_2006122EN.01002701.xml

| 9.5.2006 | EN | Official Journal of the European Union | L 122/27 |
| --- | --- | --- | --- |

9.5.2006

EN

Official Journal of the European Union

L 122/27

---

COMMISSION REGULATION (EC) No 710/2006

of 8 May 2006

on the issue of system B export licences in the fruit and vegetables sector (tomatoes)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1),

Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables (2), and in particular Article 6(6) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 230/2006 (3) fixes the indicative quantities for which system B export licences may be issued. |
| --- | --- |

(1)

Commission Regulation (EC) No 230/2006 (3) fixes the indicative quantities for which system B export licences may be issued.

| (2) | In the light of the information available to the Commission today, there is a risk that the indicative quantities laid down for the current export period for tomatoes will shortly be exceeded. This overrun will prejudice the proper working of the export refund scheme in the fruit and vegetables sector. |
| --- | --- |

(2)

In the light of the information available to the Commission today, there is a risk that the indicative quantities laid down for the current export period for tomatoes will shortly be exceeded. This overrun will prejudice the proper working of the export refund scheme in the fruit and vegetables sector.

| (3) | To avoid this situation, applications for system B licences for tomatoes after 8 May 2006 should be rejected until the end of the current export period, |
| --- | --- |

(3)

To avoid this situation, applications for system B licences for tomatoes after 8 May 2006 should be rejected until the end of the current export period,

HAS ADOPTED THIS REGULATION:

Article 1

Applications for system B export licences for tomatoes submitted pursuant to Article 1 of Regulation (EC) No 230/2006, export declarations for which are accepted after 8 May and before 16 May 2006, are hereby rejected.

Article 2

This Regulation shall enter into force on 9 May 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 May 2006.

For the Commission

J. L. DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

1

(2)  
  OJ L 268, 9.10.2001, p. 8. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

2

(3)  
  OJ L 39, 10.2.2006, p. 10.

3

---
[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Pages 14046-14047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5657]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration


Notice of Funding Opportunity and Solicitation for Grant 
Applications for YouthBuild Grants

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of Solicitation for Grant Applications (SGA).

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

    Funding Opportunity Number: SGA/DFA PY 11-06.
SUMMARY: The Employment and Training Administration, U.S. Department of 
Labor (DOL), announces the availability of approximately $75 million in 
grant funds authorized by the YouthBuild provisions of the Workforce 
Investment Act [29 U.S.C. 2918a].
    YouthBuild grants will be awarded through a competitive process. 
Under this solicitation, DOL will award grants to organizations to 
oversee the provision of education, occupational skills training, and 
employment services to disadvantaged youth in their communities while 
performing meaningful work and service to their communities.
    Based on FY 2012 funding, DOL hopes to serve approximately 5,210 
participants during the grant period of performance, with projects 
operating in approximately 75 communities across the country.
    The complete SGA and any subsequent SGA amendments in connection 
with this solicitation are described in further detail on ETA's Web 
site at http://www.doleta.gov/grants/ or on http://www.grants.gov. The 
Web sites provide application information, eligibility requirements, 
review and selection procedures, and other program requirements 
governing this solicitation.

DATES: The closing date for receipt of applications is May 8, 2012.

FOR FURTHER INFORMATION CONTACT: Kia Mason, 200 Constitution Avenue 
NW., Room N-4716, Washington, DC 20210; Telephone: 202-693-2606.


[[Page 14047]]


    Signed March 5, 2012 in Washington, DC.
Donna Kelly,
Grant Officer, Employment and Training Administration.
[FR Doc. 2012-5657 Filed 3-7-12; 8:45 am]
BILLING CODE 4510-FT-P
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Exhibit 23

Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the
following Registration Statements and each related Prospectus:



|(i) | Registration Statement (Form S-8 No. 333-103209) pertaining to the AirTran Holdings, Inc. 2002 Long-Term Incentive Plan,
|--- | ------------------------------------------------------------------------------------------------------------------------

|(ii) | Registration Statement (Form S-3 No. 333-107415) of AirTran Holdings, Inc.,
|---- | ---------------------------------------------------------------------------

|(iii) | Registration Statement (From S-3 No. 333-127590) of AirTran Holdings, Inc.,
|----- | ---------------------------------------------------------------------------

|(iv) | Registration Statement (Form S-8 No. 333-127595) pertaining to the AirTran Holdings, Inc. Amended and Restated 2002 Long-Term Incentive Plan; and
|---- | -------------------------------------------------------------------------------------------------------------------------------------------------

|(v) | Registration Statement (Form S-4 No. 333-139917) of AirTran Holdings, Inc.
|--- | --------------------------------------------------------------------------

of our report dated February 27, 2007, except for Note 1, as to which the date is August 9, 2007, with respect to the consolidated financial statements and schedule of AirTran Holdings, Inc., and our report dated February 27,
2007, except for the effects of the material weakness described in the sixth paragraph of such report, as to which the date is August 9, 2007, with respect toAirTran Holdings, Inc. managements assessment of the effectiveness of internal
control over financial reporting, and the effectiveness of internal control over financial reporting of AirTran Holdings, Inc., included in this Annual Report (Form 10-K/A) for the year ended December 31, 2006.

/s/ Ernst & Young LLP

Atlanta, Georgia

August 9, 2007
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Land Management

          - [LLMT922200-12-L13100000-FI0000-P;NDM 90965 and NDM 90966]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Notice.

# SUMMARY:

Per 30 U.S.C. 188(d), Oasis Petroleum North America LLC timely filed a petition for reinstatement of competitive oil and gas leases NDM 90965 and NDM 90966, McKenzie County, North Dakota. The lessee paid the required rentals accruing from the date of termination.

                        No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals and royalties of $10 per acre and 16                        2/3                         percent. The lessee paid the $500 administration fee for the reinstatement of each lease and $163 cost for publishing this Notice.                    

The lessee met the requirements for reinstatement of the leases per Sec. 31 (d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate the leases, effective the date of termination subject to:
      - The original terms and conditions of the leases;
      - The increased rental of $10 per acre;
      - The increased royalty of 162/3                         percent; and                    
      - The $163 cost of publishing this Notice.

# FOR FURTHER INFORMATION CONTACT:

                        Teri Bakken, Chief, Fluids Adjudication Section, Bureau of Land Management Montana State Office, 5001 Southgate Drive, Billings, Montana 59101-4669, 406-896-5091,                          *Teri_Bakken@blm.gov.*

Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

Teri Bakken,

Chief, Fluids Adjudication Section.

[FR Doc. 2012-5709 Filed 3-8-12; 8:45 am]

BILLING CODE 4310-DN-P
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk March 5, 2012

y0227 

# Order

March 5, 2012

143958

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 143958 COA: 304933 Jackson CC: 09-006221-FH KEITH DENNIS BROWN, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the September 20, 2011 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the question presented shou ld be reviewed by this Court.
**Exhibit32.2**

CERTIFICATION OF CHIEFFINANCIAL OFFICER

PURSUANT TO 18 U.S.C. §1350 AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection withthe quarterly report of Reef Global Energy VI, L.P. (the Partnership) on Form10-Q for the period ending June 30, 2007 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Daniel C. Sibley,Chief Financial Officer of Reef Oil & Gas Partners, L.P., the managinggeneral partner of Reef Global Energy VI, L.P., certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that:

(1)                                TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m OR 78o(d)); and

(2)                               Theinformation contained in the Report on Form 10-Q fairly presents, in allmaterial respects, the financial condition and results of operations of thePartnership.
| Date: August 20, 2007 | /s/ Daniel C.  Sibley              |   |
|-----------------------|------------------------------------|--------|
|                  | Daniel C. Sibley                   |
|                  | Chief Financial  Officer           |
|                  | Reef Oil &  Gas Partners, L.P. |

 

This certification is not deemed “filed” for purposes of Section 18 ofthe Securities Exchange Act of 1934, or otherwise subject to the liability ofthat section.  This certification is notdeemed to be incorporated by reference in any filing under the Securities Actof 1933 or the Securities Exchange Act of 1934, except to the extent that theCompany specifically incorporates it by reference.

1

----