alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-05-0174-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL D MAY 4, 2006

______________________________ VINCENTE DOMINIQUE CHAVEZ, APPELLANT V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE 4 7TH DIST RICT COURT OF POTT ER COUNTY; NO. 49,658-A; H ONORABLE HAL MINER, JU DGE

_______________________________ Before QUINN, C.J., and REAVIS an d CAMPBELL, JJ. MEMORA NDUM OPIN ION Followi ng a plea of not gui lty, appel lant Vincente D ominique Chavez wasconvicted of intoxicat ion manslaughte r, enhanced by two pri or felonies, and s entenced to lif e1 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). 2 confinement

in a state jail facili ty. In pr esenting thi s appeal, counsel has filed an Anders 1 brief i n suppo rt of a m otion to wi thdraw . We grant counsel ’s mot ion and affirm. In support of his moti on to withdr aw, counsel certifies he h as dilig ently rev iewed the record, and in his opinion, the record ref lects no reversible error upon which an appeal can be predicated. A nders v. C alifornia, 386 U.S. 738, 87 S .Ct. 1396, 18 L.Ed.2d 493 (1967); Monroe v. State, 67 1 S.W.2d 583, 585 ( Tex.App.– San Antonio 1984, no p et.). Thus, he concludes the appeal is frivolous. In compliance with Hi gh v. Sta te, 573 S.W.2d 807, 813 (Tex.Cr.A pp. 1978), counsel has candidly discussed why, under the controlling authorities, there is no error in the trial court's judgment. Counsel has also shown that he sent a copy of the brief to appel lant and informed appel lant that, in counsel's v iew, theappeal is w ithout merit. In addition, couns el has demonstrated that he notified appe llant of his r ight to review the record and fil e a pro se response if he des ired to do so. Appellant subsequently

filed a pro se response all eging the evidence was legally and factually insufficient to sup port his convicti on and he received ineffe ctive assistance of counsel during voirdire. The State did not fa vor us w ith a br ief. By his Andersbrief, counsel reviews each phase of the proceeding s and concludes thatthe reco rd reve als n o erro rs tha t woul d con stit ute gr oun ds f or reve rsal. W e have3

reviewed counsel’s brief in addition to the g rounds rais ed by appellant. W e have also conducted an independent rev iew of the entire record to determine whether ther e are any other arguable grounds which might su pport a n appeal. See Penson v. O hio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988) ; Bledsoe v . State, 178 S.W.3d 824 (Tex.Cr.A pp. 2005). We have found no such gr ounds and agree with coun sel that the appeal is frivolous. Acco rdin gly, counsel's moti on to withdr aw is her eby granted and th e judgment of the trial cour t is affirmed. Don H. Reavis Justice Do not publish .
| 1.                      | I have reviewed this Annual Report on Form 10-K/A for the yearended September 30, 2019 of cbdMD, Inc.; and                                                                                                                                                                                             |
|-------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2.                      | Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material factnecessary to make the statements made, in light of thecircumstances under which such statements were made, not misleadingwith respect to the period covered by this report. |   |
|                    |                                                                                                                                                                                                                                                                                                   |   |   |
| Dated: January 24, 2020 |                                                                                                                                                                                                                                                                                                   | /s/ Mark S.ElliottMark S. Elliott, Chief Financial Officer, principal financial andaccounting officer |   |
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOR THE QUARTERLY PERIOD ENDED DECEMBER 31, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
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<MULTIPLIER> 1,000
       
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<PERIOD-START>                             AUG-01-1996 
<PERIOD-END>                               OCT-31-1996 
<CASH>                                          29,624 
<SECURITIES>                                         0 
<RECEIVABLES>                                   17,327 
<ALLOWANCES>                                   (3,626) 
<INVENTORY>                                     11,182 
<CURRENT-ASSETS>                                60,760 
<PP&E>                                          23,087 
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<COMMON>                                        79,308 
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<TOTAL-LIABILITY-AND-EQUITY>                    80,380 
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</TABLE>
IA 

111TH CONGRESS 

1ST SESSION H. J. RES. 60 

Providing for the approval of the Congress of the proposed agreement for 

cooperation between the United States and the United Arab Emirates 

pursuant to the Atomic Energy Act of 1954. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 13, 2009 

Mr. BERMAN (for himself and Ms. ROS-LEHTINEN) (by request) introduced 

the following joint resolution; which was referred to the Committee on 

Foreign Affairs 

JOINT RESOLUTION 

Providing for the approval of the Congress of the proposed 

agreement for cooperation between the United States 

and the United Arab Emirates pursuant to the Atomic 

Energy Act of 1954. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That the Congress does favor the proposed agreement for 

4 cooperation transmitted to the Congress by the President 

5 on May 21, 2009. 

Æ 


jbell on DSKHWCL6B1PROD with BILLS
<PAGE>
                                                                    EXHIBIT 23.2

(NETHERLAND, SEWELL & ASSOCIATES, INC. LETTERHEAD)


           CONSENT OF INDEPENDENT PETROLEUM ENGINEERS AND GEOLOGISTS

We hereby consent to the reference to our firm and to our report dated February
13, 2003 presenting estimated reserves and future revenue for the oil and gas
properties of NEG Operating LLC, in NEG Operating LLC's Annual Report on Form
10-K for the year ended December 31, 2002.


                                       NETHERLAND, SEWELL & ASSOCIATES, INC.


                                       By: /s/ DAN PAUL SMITH
                                           ------------------------------------
                                           Dan Paul Smith
                                           Senior Vice President

Dallas, Texas
March 17, 2003
ADDENDUM TO EMPLOYMENT AGMT - J.M. ROTHBERG



 Exhibit 10.1 
  
 Confidential 
  
 

 
  
 Interoffice Memorandum

  

			
	 To:
	 	 Personnel File

		
	 From:
	 	 Jonathan M. Rothberg, Chairman of the Board, CEO and President

		
	 Date:
	 	 February 1, 2005

		
	 Re:
	 	 Amendment to Employment Agreement dated April 1, 2002


  
 I, Jonathan M. Rothberg, (“the
Executive”) signed an Employment Agreement (“the Agreement”) with my employer, CuraGen Corporation (“the Company”), on or about April 1, 2002, and subsequently signed an Addendum to the Agreement on October 31, 2003. Exhibit
A, Item 1) of the original Agreement provides that the Executive’s initial base salary shall be subject to increases by the Board of Directors, which shall review the salary periodically. Therefore, pursuant to the minutes of the January 25,
2005, Meeting of the Compensation Committee of the Board of Directors, the Executive’s 2005 base salary will be adjusted to $420,000 per year, payable in bi-weekly installments. 
  
 Unless explicitly changed in the Addendum dated October 31, 2003, all other terms of the original Agreement shall remain in full force and
effect. 
  

	
	 /s/ Jonathan M. Rothberg


	Jonathan M. Rothberg
	
	 /s/ Robert E. Patricelli


	Robert E. Patricelli
AMENDMENT NO.2 TO MERCURY COMPUTER SYSTEMS, INC DEFERRED COMPENSATION PLAN



 EXHIBIT 10.2 
  
 AMENDMENT NO. 2 
 TO 
 MERCURY COMPUTER SYSTEMS, INC. 
 DEFERRED COMPENSATION PLAN 
  
 WHEREAS, Mercury Computer Systems, Inc. maintains the Mercury Computer System, Inc. Deferred Compensation Plan (the “Plan”); 
  
 WHEREAS, pursuant to Section 9.3 of the Plan, the Plan Administrator has the right to amend the Plan at any time; 
  
 WHEREAS, the Plan Administrator desires to amend the Plan to change the form
of distribution for small account balances; 
  
 NOW, THEREFORE,
the Plan is hereby amended, effective as of March 1, 2005. 
  
 1.
Section 5.5 of the Plan is hereby amended by adding the following at the end thereof: 
  
 “Notwithstanding the foregoing, upon the commencement of distribution of payment to a Participant, if the amount standing to the credit of his Deferral Account is $10,000 or less, such amount shall be paid to him
in a lump sum regardless of the form of benefit payments previously elected by the Participant.” 
  
 2. Except as otherwise provided above, the Plan shall remain in full force and effect. 
  
 IN WITNESS WHEREOF, this Amendment is executed by the Plan Administrator this 3rd day of March, 2005.

  

			
	 PLAN ADMINISTRATOR

		
	 By:
	 	 /S/    JAMES R.
BERTELLI        

	 	 	James R. Bertelli
		
	 By:
	 	 /S/    ROBERT
HULT        

	 	 	Robert Hult
		
	 By:
	 	 /S/    CRAIG
SALINE        

	 	 	Craig Saline
```

[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Page 13154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5274]

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

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

Arts Advisory Panel Meeting

AGENCY: National Endowment for the Arts, National Foundation on the 
Arts and Humanities.

ACTION: Notice--meeting.

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

    Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act 
(Pub. L. 92-463), as amended, notice is hereby given that a meeting of 
the Arts Advisory Panel to the National Council on the Arts will be 
held by teleconference at the Nancy Hanks Center, 1100 Pennsylvania 
Avenue NW, Washington, DC 20506 as follows (ending time is 
approximate):

    Accessibility (application review): March 20, 2012 in Room 716. 
This meeting, from 3 p.m. to 4:30 p.m. EDT, will be closed.

    The closed portions of meetings are for the purpose of Panel 
review, discussion, evaluation, and recommendations on financial 
assistance under the National Foundation on the Arts and the Humanities 
Act of 1965, as amended, including information given in confidence to 
the agency. In accordance with the determination of the Chairman of 
February 15, 2012, these sessions will be closed to the public pursuant 
to subsection (c)(6) of section 552b of Title 5, United States Code.
    Any person may observe meetings, or portions thereof, of advisory 
panels that are open to the public, and if time allows, may be 
permitted to participate in the panel's discussions at the discretion 
of the panel chairman. If you need any accommodations due to a 
disability, please contact the Office of Accessibility, National 
Endowment for the Arts, 1100 Pennsylvania Avenue NW., Washington, DC 
20506, 202-682-5532, TDY-TDD 202/682-5496, at least seven (7) days 
prior to the meeting.
    Further information with reference to these meetings can be 
obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel 
Operations, National Endowment for the Arts, Washington, DC 20506, or 
call 202/682-5691.

    Dated: February 29, 2012.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations, National Endowment for the Arts.
[FR Doc. 2012-5274 Filed 3-2-12; 8:45 am]
BILLING CODE 7537-01-P
```
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-4205

_____________________________

RODNEY ALSTON JACOBS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County.

Gary L. Bergosh, Judge.

March 21, 2019

PER CURIAM.

AFFIRMED.

ROBERTS, RAY, and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant 

Public Defender, Tallahassee, for Appellant.

Ashley B. Moody, Attorney General, Tallahassee, for Appellee.
2005 Cash Bonus Plan



 EXHIBIT 10.1 
  
 DESCRIPTION OF 2005 CASH BONUS PLAN 
  
 On February 28, 2005, the Compensation Committee of the Board of Directors approved the 2005 Cash Bonus Plan (the “2005
Plan”) for all of its full-time, salaried employees, including the Chief Executive Officer (“CEO”), Chief Operating Officer (“COO”) and Chief Financial Officer (“CFO”). Under the terms of the 2005 Plan, the
CEO and COO are eligible to receive bonuses of three percent of the Company’s pre-tax, pre-bonus income and the CFO is eligible to receive a bonus based on a specified percentage of the Company’s pre-tax, pre-bonus income. Division
presidents are eligible to receive bonuses based upon specified percentages of their respective division pre-tax, pre-bonus income, the president of the Company’s mortgage subsidiary is eligible to receive a bonus based upon the mortgage
subsidiary’s pre-tax, pre-bonus income if the mortgage subsidiary achieves a targeted profit amount and a targeted mortgage capture rate (subject to adjustment upward or downward if actual performance is above or below the target), and all
other participants are eligible to receive bonuses based upon specified percentages of salary or specified percentages of a bonus pool determined as a specified percentage of pre-tax, pre-bonus income. 
  
 An employee’s right to receive a bonus under the 2005 Plan is generally
conditioned upon his or her being actively employed by the Company or its divisions or subsidiaries on the date of payment. Awards will be paid over two years, with 75% paid following the determination of the bonus awards, and 25% paid one year
later, except for administrative staff bonuses and mortgage subsidiary bonuses which will be paid in full. The amounts payable one year later are conditioned upon continued employment to the date of payment, except in the case of retirement, death
or disability. 
  
 The maximum aggregate amount of awards under
the 2005 Plan will not exceed 20% of the Company’s consolidated pre-tax income before bonuses.
EXHIBIT
      32.2





**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 Amendment No. 3 to the Annual Report on Form 10-K/A of Ronco
      Corporation (the “Company”) for the period from July 1, 2005 to June 30, 2006,
      as filed with the Securities and Exchange Commission on the date hereof (the
      “Report”), I, Ronald C Stone Chief Financial Officer of the Company, certify,
      pursuant to 18 U.S.C. §1350, as adopted pursuant to §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 operations of the
      Company.




February
      8, 2007




/s/
                Ronald C StoneRonald
                C StoneChief
                Financial Officer
Exhibit 31.1CERTIFICATION     I, William C. Stone, certify that: 1. I have reviewed this quarterly report on Form 10-Q of SS&C Technologies, Inc.;  2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this quarterly report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this quarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, and for, theperiods presented in this quarterly report;  4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining 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 disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this quarterly report is being prepared;  b) Not applicable;  c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this quarterly report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the periodcovered by this quarterly report based on such evaluation; and  d) Disclosed in this quarterly report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recentfiscal quarter that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and 5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions): a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and  b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.        Date: August 8, 2007 /s/ William C. Stone   William C. Stone
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

LUIS ENRIQUE RIVERA, §

No. 1740191, §

§

§

Plaintiff, §

§

v. § 2:22-CV-136-Z-BR

§

MR. DADA, ET AL., §

§

§

Defendants. §

FINDINGS, CONCLUSIONS, AND RECOMMENDATION TO DISMISS

Plaintiff, Luis Enrique Rivera, filed a complaint naming Francis M. Dada, Angela F. 

McKinney, and Breanna Jordan as Defendants. By order signed March 28, 2023, the Court 

explained the deficiencies in the complaint and ordered Plaintiff to file by April 21, 2023, an 

amended complaint stating with specificity all material facts on which he would establish his right 

to recover against each defendant. The order cautioned that failure to comply might lead to the 

dismissal of Plaintiff’s claims without further notice. 

To date, Plaintiff has failed to comply with the order or communicate with the Court in any 

manner. 

RECOMMENDATION

For the reasons discussed herein, it is the RECOMMENDATION of the United States 

Magistrate Judge to the United States District Judge that the claims of Plaintiff be DISMISSED.

Case 2:22-cv-00136-Z-BR Document 10 Filed 05/01/23 Page 1 of 2 PageID 41
2

INSTRUCTIONS FOR SERVICE

The United States District Clerk is directed to send a copy of this Findings, Conclusion and 

Recommendation to each party by the most efficient means available.

IT IS SO RECOMMENDED.

ENTERED on May 1, 2023. 

* NOTICE OF RIGHT TO OBJECT *

Any party may object to these proposed findings, conclusions and recommendation. In the 

event parties wish to object, they are hereby NOTIFIED that the deadline for filing objections is 

fourteen (14) days from the date of filing as indicated by the “entered” date directly above the 

signature line. Service is complete upon mailing, Fed. R. Civ. P. 5(b)(2)(C), or transmission by 

electronic means, Fed. R. Civ. P. 5(b)(2)(E). Any objections must be filed on or before the 

fourteenth (14th) day after this recommendation is filed as indicated by the “entered” date. See

28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b)(2); see also Fed. R. Civ. P. 6(d).

Any such objections shall be made in a written pleading entitled “Objections to the 

Findings, Conclusions and Recommendation.” Objecting parties shall file the written objections 

with the United States District Clerk and serve a copy of such objections on all other parties. A 

party’s failure to timely file written objections shall bar an aggrieved party, except upon grounds 

of plain error, from attacking on appeal the unobjected-to proposed factual findings, legal 

conclusions, and recommendation set forth by the Magistrate Judge and accepted by the district 

court. See Douglass v. United Services Auto. Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en 

banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1), as recognized in ACS 

Recovery Servs., Inc. v. Griffin, 676 F.3d 512, 521 n.5 (5th Cir. 2012); Rodriguez v. Bowen, 857 

F.2d 275, 276-77 (5th Cir. 1988).

Case 2:22-cv-00136-Z-BR Document 10 Filed 05/01/23 Page 2 of 2 PageID 42