alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Motion Granted; Abatement Order filed June 5 , 2012
.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 11

- 0 1063

- CR

____________ EX PARTE SILVIO BOSCO LUNA

On Appeal from the 180th District Court

Harris County, Texas Trial Court Cause No. 847994

- A



### ABATEMENT ORDER
This is an appeal from the denial of appellant’s application for writ of habeas corpus seeking to se t aside appellant’s guilty plea pursuant to article 11.072 of the Texas Code of Criminal Procedure. The trial court is required to “enter a written order including findings of fact and conclusions of law.” Tex. Code Crim. Proc. art. 11.072 § 7(a). The record filed with this court doe s not include any written findings of fact and conclusions of law on the denial of appellant ’ s application

. T he proper procedure to correct the error is to abate the appeal and direct the trial court to make the required findings and conclusions. See Tex . R. App. P. 44.4 . Appellant filed a motion for extension of time to obtain the findings and conclusions

. We grant the request and issue the following order:2

We ORDER the appeal ABATED and remand the case to the trial court. T he trial court is directed to reduce to writing its findings of fact and conclusions of law on the denial of appellant’s application for writ of habeas corpus and have a supplemental clerk ’ s record containing those finding s and conclusions filed with the clerk of this c ourt on or be fore July6 , 2012

. The appeal is abated, treated as a clos ed case, and removed from this c ourt ’ s active docket. The appeal will be reinstated on this c ourt ’ s active docket when a supplemental clerk’s record containing the trial court ’ s findings and conclusions is filed in this court. The c ourt will also consider an appropriate motion to reinstate the appeal filed by either party. Appellant’s brief shall be due thirty days after the appeal has been reinstated. No further extensions will be consider ed absent exceptional circumstances. It is so ORDERED

.

PER CURIAM
CERTIFICATION

I, Rahim Rayani, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB for the quarterly
     period ending June 30, 2007 of Gulf
     Coast Oil & Gas, Inc.;

2.   Based on my knowledge, this quarterly 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 quarterly 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.   I am 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 annual report is being prepared;

     (b)  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; and

     (c)  Disclosed in this report any change in the registrant's internal
          control over financial reporting that occurred during the registrant's
          fourth fiscal quarter that has materially affected, or is reasonably
          likely to materially affect, the registrant's internal control over
          financial reporting; and

5.   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 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 adversely
          affect the registrant's ability to record, process, summarize and
          report financial information; and

     (b)  Any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          control over financial reporting.

Date:  August 20, 2007
                                  /S/ RAHIM RAYANI
                                  ----------------
                                  Rahim Rayani
                                  Chief Executive Officer and President
                                  Chief Financial Officer
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1500 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1500

To direct the Secretary of the Interior to conduct a boundary study of 
 the lands and waters in the greater Salem Sound and the city of Salem 
 to determine the suitability and feasibility for inclusion within the 
 boundary of the Salem Maritime National Historic Site, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2011

   Mr. Tierney (for himself, Mr. Neal, Mr. Olver, Mr. McGovern, Mr. 
   Capuano, Mr. Lynch, Mr. Keating, and Ms. Tsongas) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL

 
To direct the Secretary of the Interior to conduct a boundary study of 
 the lands and waters in the greater Salem Sound and the city of Salem 
 to determine the suitability and feasibility for inclusion within the 
 boundary of the Salem Maritime National Historic Site, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Salem Maritime National Historic 
Site Boundary Study Act of 2011''.

SEC. 2. SPECIAL RESOURCE STUDY.

    (a) In General.--The Secretary of the Interior (referred to in this 
section as the ``Secretary'') shall conduct a boundary study of the 
lands and waters in the greater Salem Sound including the City of Salem 
and its environs (referred to in this section as ``Salem Sound'') to 
determine--
            (1) the suitability and feasibility of including portions 
        of Salem Sound within the boundary of the Salem Maritime 
        National Historic Site; and
            (2) the methods and means for the protection and 
        interpretation of Salem Sound by the National Park Service in 
        cooperation as appropriate with other Federal, State, or local 
        government entities, or private or nonprofit organizations.
    (b) Consultation.--In conducting the study, the Secretary shall 
consult with the City of Salem, the Essex National Heritage Commission, 
and other interested organizations, or individuals.
    (c) Report.--Not later than 3 years after the date on which funds 
are made available to conduct the study required under this section, 
the Secretary shall submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report containing--
            (1) the results of the study; and
            (2) any finding, conclusions, and recommendations of the 
        Secretary.
                                 <all>
```
================================================================================

 EXHIIBIT 32.1

                            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 Kodiak Energy, Inc. on Form 10-QSB
for the period ended March 31, 2006 as filed with the Securities and Exchange
Commission (the "Report"), each of the undersigned, in the capacities and on the
dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 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  operation of the
Company.


Dated:  December 13, 2006                     /s/ Mark Hlady
                                             --------------------------------
                                             Name: Mark  Haldy
                                             Title: Chief Executive Officer

Dated:  December 13, 2006                     /s/ Mark Hlady
                                             --------------------------------
                                             Name: Mark Hlady
                                             Title: Chief Financial Officer















--------------------------------------------------------------------------------
EXHIBIT32.2

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Annual Report of Petrol Oil and Gas, Inc. (the"Company") on Form 10-QSB for the period ended March 31, 2005, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, Lawrence Finn, Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

(1)The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

 

 

/s/LawrenceFinn            
LawrenceFinn

ChiefFinancial Officer

 

May 19,2005
* Pursuant to 5 T H 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

April 18, 2003

Charles R. Fulbruge III

Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-50709

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DEBORAH LYLE DYSART,

Defendant-Appellant.

-------------------- Appeal from the United States District Court

for the Western District of Texas

USDC No. A-00-CR-298-03-JN

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

Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Deborah Lyle Dysart (“Dysart”), federal prisoner number 15051-

180, appeals the district court’s order denying her motion for

downward departure and to serve the remainder of her sentence in a

Community Corrections Center.

The district court may modify the imposed term of imprisonment

under limited circumstances. 18 U.S.C. § 3582(c). Because

Dysart’s motion for a downward departure did not fall under any of

the provisions of 18 U.S.C. § 3582(c), it was unauthorized and2 G:\opin-sc\02-50709.opn.wpd without a jurisdictional basis. S ee United States v. Early

, 27

F.3d 140, 141 -42 (5th Cir. 1994). After a district court has

sentenced a federal offender, the Bureau of Prisons has the

responsibility for designating the place of imprisonment. Thus,

Dysart’s motion to serve the remainder of her sentence in a

Community Corrections Center likewise lacked a jurisdictional

basis. See United States v. Voda , 994 F.2d 149, 151-52 (5th Cir.

1993); 18 U.S.C. § 3621(b). Although the district court considered

the motion on its merits, it should have denied the motion for lack

of jurisdiction. See Early , 27 F.3d at 142. On that alternative

basis, the district court’s order is

AFFIRMED. All outstanding motions are DENIED.
#### Elbert KIMBERLIN, Appellant, v. The STATE of Texas, Appellee.

No. 28138.

Court of Criminal Appeals of Texas.

March 7, 1956.

No attorney on appeal for appellant.

Leon B. Douglas, State’s Attorney, Austin, for the State.

*670PER CURIAM.

The unlawful possession of intoxicating liquor for sale in a dry area is the offense; the punishment, a fine of $100.

The record on appeal contains no statement of facts..or bills of exception. All proceedings appear, tp be regular, and mottling is presented for review.

The judgment is affirmed.
Matthew Rodriquez**S~cr~tary** for**Environm~ntaf Prot~ction** 
December 11, 2012 

# Air Resources Board Mary D. Nichols, Chairman

1001 IStreet· P.O. Box 2815· Sacramento, California 95812 • www.arb.ca.gov

Administrator Lisa P. Jackson United States Environmental Protection Agency Headquarters Ariel Rios Building

. 1200 Pennsylvania Avenue, N.W. Mail Code 1101A Washington, D.C. 20460 Edmund G. Brown Jr. Governor

Re: 2008 Amendments to Spark Ignition Marine Engine and Boat Regulations, Request for Confirmation that Certain ofthe Regulations are Not Preempted; Certain Regulations are Within the Scope of Previous Authorization and Request for NewAuthorization Under Clean AirAct Section 209(e)(2)
DearAdministrator Jackson: At a July 24, 2008 hearing, the California Air Resources Board (GARB) approved amendments to Spark Ignition Marine Engine and Boat regulations. The amendments became final and effective as ofJuly 17, 2009. The amendments addressed issues that developed between 2006 and 2008 and enhanced alignment with other GARB and U.S. Environmental Protection Agency regulations. I am writing to request that you confirm that certain ofthe amendments fall within the scope ofpreviously granted authorization and to authorize enforcement ofthe remaining amendments. I am enclosing our analysis, which includes a description ofthe 2008 Amendments to Spark Ignition Marine Engine and Boat regulations and our rationale supporting our request, including supporting documents. Ifyou need additional technical information on this item, please contact Ron Haste, Emission Research and Regulation Development Branch, Off-Road Control Section, at

The energychallenge facing California is real. EveryCalifornian needs to take immediate action to reduce energyconsumption. Fora listofsimple ways you can reduce demandandcutyourenergycosts, see ourwebsite: http://www.arb.ca.qov. California Environmental Protection Agency Printedon RecycledPaperLisa P. Jackson, Administrator December 11, 2012 Page 2 (626) 575-6676 or rhaste@arb.ca.qov. You may address legal questions to Lisa Brown, Senior StaffCounsel, at (916) 324-2132 or lbrown@arb.ca.gov. rely, 1 /)

# ame•N.~~~-- Enclosures
cc: David Dickinson (w/encls.) Attorney/Advisor United States Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Avenue, N.W. Mail Code 6405J Washington, DC 20460 Alberto Ayala, Ph.D., M.S.E. (w/o encl.) Deputy Executive Officer Mr. Ron Haste, Manager (w/o encl.) Emission Research and Regulation Development Branch Off-Road Control Section, Mobile Source Control Division Ms. Lisa Brown, Senior StaffCounsel (w/o encl.) Office of Legal Affairs
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1689 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1689

 To amend the Internal Revenue Code of 1986 to disallow the deduction 
for income attributable to domestic production activities with respect 
      to oil and gas activities of major integrated oil companies.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2011

Mr. Bishop of New York (for himself, Mr. Filner, Ms. Schwartz, Ms. Lee 
  of California, Ms. Hirono, Mrs. Maloney, Mr. Engel, Mr. Carney, Mr. 
McGovern, Mr. Rothman of New Jersey, Ms. Moore, Ms. Linda T. Sanchez of 
 California, Mr. Ackerman, Mr. Deutch, Mr. Blumenauer, Mr. Jackson of 
 Illinois, Mr. Rush, Mr. Yarmuth, Mr. Van Hollen, Mr. Holt, Ms. Castor 
  of Florida, Mr. Johnson of Georgia, Mr. Carnahan, Mr. Hinchey, Mr. 
Welch, Mr. Kildee, Mr. Tonko, Mr. Farr, Ms. Hanabusa, Mr. Quigley, Mr. 
   Cicilline, Mrs. Lowey, Mr. Keating, Mr. Conyers, Mr. Nadler, Ms. 
Kaptur, Ms. Norton, Mr. Brady of Pennsylvania, Mrs. Capps, Ms. Bass of 
California, Ms. McCollum, Mr. Braley of Iowa, Mr. Meeks, Ms. Slaughter, 
 Mr. George Miller of California, Mr. Grijalva, Mr. Israel, Ms. Roybal-
    Allard, Mr. Andrews, Mr. Higgins, Ms. Sutton, and Mr. Serrano) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to disallow the deduction 
for income attributable to domestic production activities with respect 
      to oil and gas activities of major integrated oil companies.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Big Oil Welfare Repeal Act of 
2011''.

SEC. 2. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION 
              ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS 
              ACTIVITIES OF MAJOR INTEGRATED OIL COMPANIES.

    (a) In General.--Subparagraph (B) of section 199(c)(4) of the 
Internal Revenue Code of 1986 is amended by striking ``and'' at the end 
of clause (ii), by striking the period at the end of clause (iii) and 
inserting ``, and'', and by inserting after clause (iii) the following 
new clause:
                            ``(iv) in the case of a major integrated 
                        oil company (as defined in section 167(h)(5)), 
                        the production, refining, processing, 
                        transportation, or distribution of oil, gas, or 
                        any primary product thereof.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to taxable years beginning after the date of the enactment of 
this Act.
                                 <all>
```
1 The Honorable Robert E. Larsen, Unite d States Magistrate Judge for the Western District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 08-1541

___________ Jerad Brunskill, * * Appellant, * Appeal from the United States * District Court for the v. * Western District of Missouri. * The Kansas City Southern Railway * [UNPUBLISHED] Company, * * Appellee. *

___________ Submitted: August 7, 2009 Filed: August 12, 2009

___________ Before BYE, BOWMAN, and BENTON, Circuit Judges.

___________ PER CURIAM. Jerad Brunskill appeals the District Court’s 1 adverse grant of summary judgment in his employment-disc rimination suit. After de novo review, seeJohnson v. Blaukat , 453 F.3d 1108, 1112 (8th Cir. 2006), we conclude that summary judgment was proper for the reasons stated by the Distri ct Court. Accordingl y, we affirm. See 8th Cir. R. 47B.

______________________________
Exhibit 32.1(*)
 Certification of Chief Executive Officer 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 WebEx Communications, Inc. (the "Company") on Form 10-Q for the period ending June 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Subrah S. Iyar, Chief Executive Officer of the Company, certify, for purposes of Section 1350 of Chapter 63 of Title 18 of the United States Code, that to the best of my knowledge:
 
 (1) The Report fully complies with the requirements of section 13(a) 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 result of operations of the Company.
 
 Date: August 9, 2004
 
 
 /s/ SUBRAH S. IYAR
 Subrah S. Iyar
 Chief Executive Officer
  
  
 
 
 
 
 
 _____________________________
 (*) In accordance with Item 601(b)(32)(ii) of Regulation S-K and SEC Release Nos. 33-8238 and 34-47986, Final Rule: Managements Reports on Internal Control Over Financial Reporting and Certification of Disclosure in Exchange Act Periodic Reports, the certification furnished in this Exhibit 32.2 is deemed to accompany this Form 10-Q and will not be deemed filed for purpose of Section 18 of the Exchange Act. Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, whether made before or after the date hereof irrespective of any general incorporation language contained in any such filing, except to the extent that the registrant specifically incorporates it by reference.
#### B. B. PRICHARD, Appellant, v. Jerry FANNIN et al., Appellees.

Court of Appeals of Kentucky.

Sept. 23, 1955.

Thomas Burchett, Ashland, for appellant.

P. H. Vincent, Ashland, for appellees.

PER CURIAM.

The judgment of the lower court denied injunctive relief and damages to the ap*354pellant for the appellees’ use of roadways running through lands of the appellant. We are affirming the judgment because the record discloses sufficient evidence to support it.

The motion for an appeal is overruled, and the judgment is affirmed.
EXHIBIT 10.5.5

                           PURCHASE AGREEMENT ADDENDUM


     THIS PURCHASE AGREEMENT ADDENDUM (the "Addendum") is entered into effective
as of the 12th day of April 2004, by and between XRG, Inc. ("XRG") and J. BENTLY
COMPANIES, INCORPORATED ("JBC").

                                    RECITALS:

     WHEREAS,  XRG and JBC are  parties to a Purchase  Agreement  dated May 2003
(the "Purchase Agreement"); and

     WHEREAS,  the parties now desire to amend the Purchase Agreement to reflect
the parties' agreement to modify the purchase consideration as set forth herein.

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


         1.       Section 2(b) Purchase Consideration. The following language
                  will be deleted. The XRG Common Stock will be registered
                  within (60) days of the Closing Date. The number of XRG Shares
                  is subject to adjustment six and twelve months (an "Adjustment
                  Date") after the acquisition date based on the future market
                  price of the XRG Shares.

         2.       800,000 shares of XRG Common Stock ("XRGC Shares") will be
                  issued to the shareholders of J. Bently Companies,
                  Incorporated in proportion to their holdings in the company.

         3.       Except as modified hereby, the Purchase Agreement remains in
                  full force and effect.


XRG, INC.                                         JBC SHAREHOLDER:

By:
   -------------------------                 ----------------------------
          President



J. BENTLY COMPANIES, INCORPORATED

By:
   -----------------------------------------
                  President