alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and col lateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3.

** After examining the briefs and appellate record, t he panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2)(c); 10th Cir. R. 34.1(G). The case is therefore ordered submitted w ithout oral argument. 

## F I L E D United States Court of Appeals Tenth Circuit 

### APR 19 2000 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

JESSE A. KILGORE, JR., Petitioner-Appellant,

v. No. 99-6393 REGINALD HINES, Respondent-Appellee. (D.C. No. CIV-99-431-C) (W.D. Okla.)

ORDER AND JUDGMENT *

Before BALDOCK , HENRY , and LUCERO , Circuit Judges. **
Petitioner Jesse A. Kilgore, Jr., proceeding pro se , appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court denied Petitioner’s motion to pr oceed in forma pauperis on appeal, see 28 U.S.C. § 1915(a)(1), and denied his application for a certificate of1 Petitioner has since paid the appellate filing fe e, rendering his application

to proceed in forma pauperis on appeal moot. -2- appealability, see 28 U.S.C. § 2253(c)(2). We deny Petitioner’s appl ication for a certificate of appealability and dismiss Petitioner’s appeal. 1 Petitioner was convicted of unlawful delivery of a controlled drug in the District Court of Lincoln County, Oklahoma, and sen tenced to 22.5 years imprisonment. The Oklahoma Court of Criminal Appea ls affirmed on March 17, 1996. On March 31, 1999, Petitioner filed a petiti on for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 claiming ineffective a ssistance of counsel at trial and on appeal. The magistrate judge issued a thoro ugh report and recommendation denying the petition as untimely bec ause Petitioner failed to file his petition within the one-year statute of limitat ions set forth in 28 U.S.C. § 2244(d). The district court adopted the magistra te judge’s report and recommendation and summarily dismissed the petition . The district court subsequently denied Petitioner’s application for a certificate of appealability. We have thoroughly reviewed the record on appeal, P etitioner’s brief, the magistrate judge’s report and recommendation, and t he district court’s order. We deny Petitioner’s application for a certificate of appealability for substantially the reasons set forth in the magistrate judge’s report and recommendation.-3-

CERTIFICATE OF APPEALABILITY DENIED; APPEAL DISMISS ED.
Entered for the Court,
Bobby R. Baldock Circuit Judge
<PAGE>

                                                                    EXHIBIT 21.1

                  SUBSIDIARIES OF APAC CUSTOMER SERVICES, INC.

<TABLE>
<CAPTION>

SUBSIDIARY                                                      STATE OF INCORPORATION

<S>                                                         <C>
APAC Insurance Services Agency, Inc.*                       Illinois

APAC Customer Services General Partner, Inc.                Illinois

APAC Customer Services, L.L.C.                              Illinois

APAC Customer Services of Illinois, Inc.                    Illinois

APAC TeleServices of Michigan, Inc.*                        Michigan

APAC TeleServices of Nevada, L.L.C.*                        Nevada

APAC Customer Services of Texas, L.P.                       Texas

APAC TeleServices, UK Limited*                              Incorporated in Scotland

ITI Holdings, Inc.                                          Delaware

ITI Marketing Services, Inc.                                Delaware

The APAC Group, Inc.*                                       Illinois

APAC M.I. Holdings, Inc.                                    Illinois

CustomerAssistance.com, Inc.                                Illinois

</TABLE>

* In the process of dissolving.
#### In the Matter of the Claim of Dennis Mizzi, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent.

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 10, 1990, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

The only reason the Unemployment Insurance Appeal Board reopened its prior decision in claimant’s case was to determine whether there had been compliance with the procedural safeguards set forth in the consent judgment of *Municipal Labor Comm. v Sitkin*(US Dist Ct, SD NY, Mar. 11, 1988, Carter, J.). Having determined that there were no substantial procedural violations, the Board adhered to its prior decision disqualifying claimant from receiving unemployment insurance benefits. On this appeal, insofar as claimant does not allege any procedural errors, the Board’s decision should be upheld. In any event, when this case was originally before this court on the merits, we affirmed the Board’s decision that claimant had voluntarily left his employment without good cause *(Matter of Mizzi [Ross],*Dec. 31, 1990 [unpublished]).

Decision affirmed, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.
# L_2006093EN.01003001.xml

| 31.3.2006 | EN | Official Journal of the European Union | L 93/30 |
| --- | --- | --- | --- |

31.3.2006

EN

Official Journal of the European Union

L 93/30

---

COMMISSION REGULATION (EC) No 513/2006

of 30 March 2006

adopting temporary provisions for the issue of import licences applied for pursuant to Regulation (EC) No 565/2002 establishing the method for managing tariff quotas and introducing a system of certificates of origin for garlic imported from third countries

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), and in particular Article 31(2) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 565/2002 (2) lays down that Member States are to notify licence applications to the Commission on Mondays and Thursdays each week and issue the licences on the fifth working day following the date on which the application was lodged, provided that the Commission has not taken any measures during that period. |
| --- | --- |

(1)

Commission Regulation (EC) No 565/2002 (2) lays down that Member States are to notify licence applications to the Commission on Mondays and Thursdays each week and issue the licences on the fifth working day following the date on which the application was lodged, provided that the Commission has not taken any measures during that period.

| (2) | Thursday 13, Friday 14 and Monday 17 April 2006 are Commission holidays. The issue of licences applied for between Monday 10 and Friday 14 April 2006 should therefore be postponed. |
| --- | --- |

(2)

Thursday 13, Friday 14 and Monday 17 April 2006 are Commission holidays. The issue of licences applied for between Monday 10 and Friday 14 April 2006 should therefore be postponed.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

Import licences applied for between Monday 10 and Friday 14 April 2006 pursuant to Regulation (EC) No 565/2002 shall be issued on Friday 21 April 2006, provided that the Commission has not taken any measures during that period in accordance with Article 8(2) of that Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

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

Done at Brussels, 30 March 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(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 86, 3.4.2002, p. 11. Regulation amended by Regulation (EC) No 537/2004 (OJ L 86, 24.3.2004, p. 9).

2

---
[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Notices]
[Page 15095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6131]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Combined Notice of Filings <greek-i>1

    Take notice that the Commission received the following electric 
rate filings:
    Docket Numbers: ER10-3253-001; ER10-3237-001; ER10-3240-001; ER10-
3230-001; ER10-3239-001.
    Applicants: Wheelabrator Portsmouth Inc., Wheelabrator Westchester 
L.P., Wheelabrator Bridgeport, L.P., Wheelabrator Frackville Energy 
Co., Inc., Wheelabrator North Andover Inc.
    Description: Wheelabrator Bridgeport, L.P. et. al. submits 
supplemental information to their updated market power analysis for the 
Northeast region.
    Filed Date: 3/6/12.
    Accession Number: 20120306-5216.
    Comments Due: 5 p.m. ET 3/27/12.

    Docket Numbers: ER12-1217-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3253; Queue No. W4-053 
to be effective 2/14/2012.
    Filed Date: 3/6/12.
    Accession Number: 20120306-5180.
    Comments Due: 5 p.m. ET 3/27/12.

    Docket Numbers: ER12-1218-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3250; Queue No. W2-091 
to be effective 2/14/2012.
    Filed Date: 3/7/12.
    Accession Number: 20120307-5041.
    Comments Due: 5 p.m. ET 3/28/12.

    Docket Numbers: ER12-1219-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3249; Queue No. W2-088 
effective 2/14/2012 [initial submission description misidentified as 
No. 3250; Queue No. W2-091.
    Filed Date: 3/7/12.
    Accession Number: 20120307-5051.
    Comments Due: 5 p.m. ET 3/28/12.

    Docket Numbers: ER12-1220-000.
    Applicants: Community Power & Utility, Community Power & Utilities.
    Description: Notice of Cancellation of Community Power & Utility.
    Filed Date: 3/7/12.
    Accession Number: 20120307-5078.
    Comments Due: 5 p.m. ET 3/28/12.

    The filings are accessible in the Commission's eLibrary system by 
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above 
proceedings must file in accordance with Rules 211 and 214 of the 
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5 
p.m. Eastern time on the specified comment date. Protests may be 
considered, but intervention is necessary to become a party to the 
proceeding.
    eFiling is encouraged. More detailed information relating to filing 
requirements, interventions, protests, service, and qualifying 
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 
(toll free). For TTY, call (202) 502-8659.

    Dated: March 07, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-6131 Filed 3-13-12; 8:45 am]
BILLING CODE 6717-01-P
**EXHIBIT 23.1****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We consent to the incorporation by reference in the Registration Statements (Forms S-3 Nos.333-120163, 333-123818 and 333-137353), (Form S-4 No. 333-139114) and (Forms S-8) pertaining to theCOMSYS IT Partners, Inc. 2004 Stock Incentive Plan and 2003 Equity Incentive Plan of COMSYS ITPartners, Inc. (No. 333-120334), the Personnel Group of America, Inc. 2001 Non-Qualified EmployeeStock Purchase Plan (No. 333-66334), the 1997 Employer Stock Purchase Plan of Personnel Group ofAmerica, Inc. (No. 333-39361), and the 1995 Equity Participation Plan of the Personnel Group ofAmerica, Inc. (No. 333-01954) of our reports dated March 8, 2007, with respect to the consolidatedfinancial statements and schedule of COMSYS IT Partners, Inc., COMSYS IT Partners, Inc.management’s assessment of the effectiveness of internal control over financial reporting and theeffectiveness of internal control over financial reporting of COMSYS IT Partners, Inc., included inthis Annual Report (Form 10-K) for the year ended December 31, 2006./s/ Ernst & Young LLP          Phoenix, Arizona
*Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-40633

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CURTIS RAY RAWLS,

Defendant-Appellant.

Appeal from the United States District Court

For the Eastern District of Texas

(1:96-CR-120-10)

December 31, 1997

Before POLITZ, Chief Judge, JOLLY and STEWART, Circuit Judges.

PER CURIAM:*

Curtis Rawls appeals his sentence for possession with intent to distribute

cocaine base in violation of 21 U.S.C. § 841(a)(1). He contends that the district

court incorrectly classified him as a career offender by erroneously adopting the
1 See United States v. Calverly, 37 F.3d 160 (5th Cir. 1994) (en banc); United States

v. Angulo, 927 F.2d 202 (5th Cir. 1991).

2 See United States v. Marshall, 910 F.2d 1241 (5th Cir. 1990).

3 See United States Sentencing Guidelines § 4B1.1; see also 21 U.S.C. § 841(b)(1)(C).

2

Presentence Investigation Report’s factual predicate that he previously had twice

been convicted of possession of cocaine with the intent to distribute. He further

maintains that the district court improperly increased his sentence because the

government had failed to notify him that his prior convictions for substance

offenses would be a relevant factor in sentencing. Finally, he contends that the

district court attributed an incorrect quantity of drugs to him by erroneously

considering information he had divulged under an offer of immunity.

The district court did not err in classifying Rawls as a career offender.1 The

government was not required to notify Rawls that his prior convictions might

increase his sentence.2 Whether the district court incorrectly considered

incriminating statements Rawls made to the government is moot because Rawls

properly was classified as a career offender.3

AFFIRMED.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

THE STATE OF TEXAS

,

State

,

v.

CRISPEN HANSON

,

Appellee

. §

§

§

§

§

§

§

§ No. 08

- 1 5

- 00 205

- C R

Appeal from the

243 rd District Court

of El Paso C ounty, Texas

(TC# 20120D0 3212 )

O R D E R

The Court GRANTS the State’s third motion for extension of time within which to file

the brief until January 6 , 2016

. NO FURTHER MOTIONS FOR EXTENSION OF TIME TO

F ILE THE STATE ’ S B R IEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Jaime E. Esparza

, the State ’s attorney, prepare the

State ’s brief and forward the same to this Court on or before January 6 , 2016

.

IT IS SO ORDERED this 23 rd day of November , 20 1 5

.

PER CURIAM

Before McClure , C.J., R odriguez and Hughes , JJ.
Exhibit 31.1**Certification**I, Maureen Ryan, certify that:     1. I have reviewed this report on Form 10-K, and all reports on Form 10-D required to befiled in respect of the period covered by this report on Form 10-K of the American Express CreditAccount Master Trust (the “Exchange Act periodic reports”);     2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, does notcontain any untrue statement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;     3. Based on my knowledge, all of the distribution, servicing or other information required tobe provided under Form 10-D for the period covered by this report is included in the Exchange Actperiodic reports;     4. Based on my knowledge and the servicer compliance statements required in this report underItem 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, theservicers have fulfilled their obligations under the servicing agreements in all material respects;and     5. All of the reports on assessment of compliance with servicing criteria for asset-backedsecurities and their related attestation reports on assessment of compliance with servicingcriteria for asset-backed securities required to be included in this report in accordance with Item1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit tothis report, except as otherwise disclosed in this report. Any material instances of noncompliancedescribed in such reports have been disclosed in this report on Form 10-K.     In giving the certifications above, I have reasonably relied on information provided to me bythe following unaffiliated parties: The Bank of New York and Regulus Group LLC.Date: March 14, 2008     By: /s/ Maureen Ryan     Name: Maureen Ryan    Title:   President,               American Express Receivables Financing Corporation II
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AU GUST 23, 2019

NO. 03

- 18

- 00730

- CV

Maria Guadalupe Martinez, Appellant

v.

Benjamin Edward Parker, Appellee

APPEAL FROM COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY

BEFORE JUSTICE S GOODWIN, BAKER, AN D KELLY

DISMISSED FOR WANT OF JURISDICTION

-- OPINION BY JUSTICE BAKER

This is an appeal from the order s i gned by the tr i a l court on October 5, 2018

. Having reviewed

the record

, it appears that the C ourt lacks jurisdiction over the appeal

. Therefore, the C ourt

dismisses the appeal for want of jurisdiction

. A ppellant shall pay all costs relating to this app eal,

both in this Court and in the court below.
##### 



Exhibit 31.2
 CERTIFICATION OF THE CHIEF FINANCIAL OFFICER
PURSUANT TO SECURITIES AND EXCHANGE COMMISSION RULE 15d-14(a)
  1.
    
    I have reviewed this Report on Form 10-K of Mobile Services Group, Inc.;2.
    
    Based on my knowledge, this Report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this Report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this Report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
Report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have:
 a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls
and procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this Report is being
prepared;b)
    
    Not applicablec)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this Report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this Report based on such
evaluation; andd)
    
    Disclosed in this Report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information;
andb)
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal controls over financial reporting.
  /s/  Allan VillegasChief Financial Officer
##### 



Exhibit 23.1 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM As independent registered public accountants, we hereby consent to the incorporation by reference
in Registration Statement Nos. 333-08437, 333-98819, and 333-117787 on Form S-8 of our report
dated February 10, 2005, relating to the consolidated financial statements of Vodavi Technology,
Inc. and subsidiaries as of and for the years ended December 31, 2004 and 2003 included in this
Annual Report on Form 10-K for the year ended December 31, 2004. It should be noted that we have
not audited any financial statements of the company subsequent to December 31, 2004, or performed
any audit procedures subsequent to the date of our report. /s/ Mayer Hoffman McCann P.C.
MAYER HOFFMAN MCCANN P.C.
Phoenix, Arizona
March 25, 2005
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2076 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2076

          To suspend temporarily the duty on titanium dioxide.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

   Mr. Casey introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
          To suspend temporarily the duty on titanium dioxide.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TITANIUM DIOXIDE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      Titanium dioxide,   Free         No change        No change        On or before 12/  ''.
                        containing 80                                                      31/2011.......
                        percent or more
                        by weight based
                        on the dry matter
                        (CAS No. 13463-67-
                        7) (provided for
                        in subheading
                        3206.11.00)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```